Opinions

Disciplinary Board v. Nemec 2007 ND 204
Docket No.: 20070358
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Johnson (Consolidated w/ 20070108) 2007 ND 203
Docket No.: 20070107
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer may be disciplined for writing a letter to a third party containing false statements that have no substantial purpose other than to delay or to embarrass or burden the third party.
A lawyer may be disciplined for making false statements to the court.
Defiance of a disciplinary admonition may increase the sanction imposed on a lawyer.
Lawyer suspended from the practice of law for 60 days and ordered to pay the costs and expenses of the disciplinary proceeding.

Nagel v. Workforce Safety and Ins., et al. 2007 ND 202
Docket No.: 20070120
Filing Date: 12/19/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Equitable estoppel may be applied to bar an assertion that a claim was untimely under N.D.C.C. 65-05-01.
In certain situations, such as a relapse of a condition caused by a work-related injury, the disallowance of a workers compensation claim following relapse may be a notifying event which ends the tolling of the statute of limitations for the injured worker.

Bartch v. ND Dept. of Transportation 2007 ND 201
Docket No.: 20070160
Filing Date: 12/17/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Display of an expired registration tab on a license plate justifies a traffic stop.

Bowman v. ND Workforce Safety and Insurance 2007 ND 200
Docket No.: 20070227
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author:

Highlight: A judgment affirming an order of Workforce Safety and Insurance denying an application for workers compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Christofferson v. N.D. Dept. of Health 2007 ND 199
Docket No.: 20070129
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A tire collection that may benefit agricultural activities may not be a "beneficial use" because of "accumulations in total, on human and animal health, the environment, and on local and state government, which may be ultimately financially responsible to dispose of the tires."

Matter of Midgett 2007 ND 198
Docket No.: 20070109
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The Sixth Amendment does not apply to a civil commitment proceeding for a sexually dangerous individual.
In a civil commitment proceeding for a sexually dangerous individual, evidence of prior sexually predatory conduct or criminal conduct, including a record of the juvenile court, is admissible.

State v. Schmeets 2007 ND 197
Docket No.: 20060375
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The threshold question for determining whether a person tampered with constitutes a "witness" is whether the individual charged with tampering with that person had a reasonably founded belief that the person tampered with would testify.
The person tampered with in a witness tampering case need not be included on a witness list filed in a case in order for an individual to be convicted of tampering with that witness.

Christian v. Christian 2007 ND 196
Docket No.: 20070053
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Permanent spousal support is appropriate when the economically disadvantaged spouse cannot be equitably rehabilitated to make up for the opportunities and development she lost during the course of the marriage.
When the parties to a divorce have reached an agreement on all matters pertaining to division of their property, there is no reason for the district court to hear evidence of the value of marital property.
In deciding whether to award attorney fees in a divorce action, the district court must balance one party's needs against the other party's ability to pay.
Submission of an affidavit to support an award of attorney fees is not necessary when the award is supported by testimony and other documentary evidence received in an evidentiary hearing.
Evidence that is discoverable before trial does not qualify as newly discovered evidence.
A property settlement agreement that is unconscionable may be set aside.

State v. Haugen 2007 ND 195
Docket No.: 20070141
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Carrying a loaded firearm in a vehicle is a strict liability offense, punishable without regard to intent, knowledge, willfulness, or negligence.
An appellant assumes the consequences and risks for failure to file a complete transcript, and an issue will not be reviewed if the record on appeal does not allow for a meaningful and intelligent review of the alleged error.