Opinions

City of Minot v. Boger, et al. (Cross-reference w/ 20060163) 2008 ND 7
Docket No.: 20070158
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The due process clauses of the federal and state constitutions are not violated under the void-for-vagueness doctrine if the challenged language, when measured by common understanding and practice, gives adequate warning of the conduct proscribed and marks boundaries sufficiently distinct for fair administration of the law.
A local government has a substantial interest in aesthetics and has the right to maintain its aesthetics through zoning regulations.

Overland v. Overland 2008 ND 6
Docket No.: 20070070
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court's division of property does not need to be equal to be equitable, but any substantial disparity must be explained.
When awarding spousal support, a district court must consider the relevant factors under the Ruff-Fischer guidelines. A court must also consider the needs of the spouse seeking support and of the supporting spouse's needs and ability to pay.

City of Grand Forks v. Mitchell 2008 ND 5
Docket No.: 20070153
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: A police officer's stop of a vehicle bearing no license plates with a white 8 ? x 11 sheet of paper with a date written in black marker posted in its rear window that the officer did not recognize as an authentic temporary registration certificate was constitutionally permissible because the officer had reasonable and articulable suspicion of a violation of the motor vehicle registration law.
A police officer's subjective intent is not germane for purposes of the objective inquiry used to determine whether a reasonable and articulable suspicion existed that an individual was violating the law.

State v. Wegley 2008 ND 4
Docket No.: 20070027
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Even if a defendant objects to hearsay testimony about a child's out-of-court statement at a pre-trial hearing, the defendant's failure to object at trial limits review to determining whether the admission of that testimony into evidence constitutes obvious error affecting substantial rights.
To establish obvious error, a defendant must show error that is plain and affects substantial rights, and to affect substantial rights a plain error must have been prejudicial, or have affected the outcome of the proceeding.
Nonverbal conduct is a statement under the hearsay rules if the nonverbal conduct was intended as an assertion.
A declarant's out-of-court statement is not hearsay if the declarant testifies at trial and is subject to cross-examination concerning the statement, and the statement is consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive.

State v. Emery 2008 ND 3
Docket No.: 20070147
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Ordering the surrender of license plates does not fit the maximum penalty for a first DUI offense.
A DUI conviction cannot be used to enhance the penalty of a subsequent DUI conviction when there is no proof that the defendant waived his right to counsel before pleading guilty to the earlier DUI charge.

State v. Odom (Cross-Ref w/20060106) 2008 ND 2
Docket No.: 20070187
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: A district court drug-offenses criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. St. Claire 2008 ND 1
Docket No.: 20070222
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment in a drug case following denial of motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Brewer v. Ziegler 2007 ND 207
Docket No.: 20070152
Filing Date: 12/20/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A highway patrol officer has the express power to enforce the state motor vehicle laws and to enforce all laws relating to the use or presence of alcoholic beverages in motor vehicles, and, therefore, has the power to arrest a person who is located on private property while violating the provisions of those laws.
The failure to give an implied consent advisory does not require exclusion of the preliminary breath test results.
Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.

Manitoba Public Ins. Corp. v. Dakota Fire Ins. Co. 2007 ND 206
Docket No.: 20070061
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: A procedural remedy is not a vested right and is subject to repeal, modification, or change.

Hsu v. Marian Manor Apartments 2007 ND 205
Docket No.: 20070040
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: A contract providing for the lease of a clinic owned by a nursing home to a licensed physician, which named the physician lessee using the suffix "M.D.," and which provided that the lessee shall obtain and maintain all necessary licenses to operate a clinic, unambiguously required the physician to maintain a license to practice medicine.
Revocation of a physician's license to practice medicine is a breach of a lease unambiguously requiring the physician to maintain a license to practice medicine entitling the lessor to refuse to renew the lease.