Opinions

Frueh v. Frueh 2008 ND 26
Docket No.: 20070254
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In considering whether the moving party has established a prima facie case warranting an evidentiary hearing on a motion to change custody, a district court may not weigh conflicting issues of fact raised in the parties' affidavits.
On appeal, the denial of an evidentiary hearing on a motion to change custody is reviewed under an abuse-of-discretion standard.

Matter of Barrera 2008 ND 25
Docket No.: 20070125
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Involuntary civil commitment of a sexually dangerous person is reviewed under a modified clearly erroneous standard of review.
Under the statute for committing a sexually dangerous person, proof of a nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves serious difficulty in controlling behavior and suffices to distinguish a dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in a criminal case.

Bertram v. State 2008 ND 24
Docket No.: 20070176
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6), and (7).

Hammer v. Director, ND Dept. of Transportation 2008 ND 23
Docket No.: 20070284
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author:

Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Sandoval v. Department of Transportation 2008 ND 22
Docket No.: 20070295
Filing Date: 2/21/2008
Case Type: Appeal - Administrative - Department of Transportation
Author:

Highlight: Revocation of driving privileges for three years is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Larson 2008 ND 21
Docket No.: 20070210
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court order dismissing a DUI criminal complaint is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Gress 2008 ND 20
Docket No.: 20070298
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Conviction of attempt to steal a vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Schumacher v. Director, N.D. Dept. of Transportation 2008 ND 19
Docket No.: 20070256
Filing Date: 2/21/2008
Case Type: Appeal - Administrative - Department of Transportation
Author:

Highlight: Revocation of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Brandt 2008 ND 18
Docket No.: 20070172
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Convictions for aggravated assault, knowing or reckless interference with a telephone during an emergency call and felonious restraint are summarily affirmed under N.D.R.App.P. 35.1(a) (3), (4) and (7).

Disciplinary Board v. O'Donnell (cross ref. 20070340) 2008 ND 17
Docket No.: 20080039
Filing Date: 2/20/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer orderd.