Opinions

Evenson v. Evenson 2007 ND 194
Docket No.: 20060148
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Marital property valuations within the range of evidence presented to the district court are not clearly erroneous.
In deciding whether to award attorney fees in a divorce proceeding, the district court should consider the property owned by each party, their relative incomes, whether property is liquid or fixed assets, and whether the actions of either party have increased the time spent on the case.
Evidence must have been in existence at the time of trial to constitute newly discovered evidence.
A new trial normally will not be granted to enable the movant to present her case under a different theory than she adopted at trial.

State v. Sabo 2007 ND 193
Docket No.: 20070090
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt.
The government's closing rebuttal argument is limited to addressing only the issues the defendant raised in his closing argument.

State v. Hurt 2007 ND 192
Docket No.: 20070081
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: In a review of a district court's decision to grant or deny a motion to suppress, the district court's findings of fact are given deference, and conflicts in testimony are resolved in favor of affirmance.
One exception to the warrant requirement is voluntary consent by the individual whose property is searched, or by a third party who possesses common authority over the premises.
The Fourth Amendment does not require law enforcement to provide co-occupants opportunity to assert their Fourth Amendment rights at the door; rather, the protections provide that a physically present co-occupant, who expressly refuses to permit the search despite the consent of his fellow occupant, renders the warrantless search unreasonable as to him.
The co-occupant who is not present at the door and does not refuse the search at the time his fellow occupant provides consent "loses out" on his opportunity to exclude evidence gathered in a common-area, co-occupant consent search.

Witzke v. Gonzales 2007 ND 191
Docket No.: 20070162
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author:

Highlight: Summary judgment for claims of private nuisance and defamation is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Matuska 2007 ND 190
Docket No.: 20070124
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An order denying a request to withdraw a guilty plea may be summarily affirmed under N.D.R.App.P. 35.1(a)(4).

City of Jamestown v. Baker 2007 ND 189
Docket No.: 20070220
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Theft
Author:

Highlight: A criminal judgment for theft is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. $3719 U.S. Currency 2007 ND 188
Docket No.: 20070149
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting forfeiture of $3,719 is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Gandesbery 2007 ND 187
Docket No.: 20070197
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of B.D.K. (CONFIDENTIAL) 2007 ND 186
Docket No.: 20070320
Filing Date: 12/5/2007
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: A court is not required to order a less restrictive treatment than hospitalization when a mentally ill person requiring treatment under N.D.C.C. 25-03.1-07 makes the bare assertion that he will hire his own psychiatrist, because such assertion does not constitute a viable alternative to hospitalization.

Sundby v. Disciplinary Board 2007 ND 185
Docket No.: 20070332
Filing Date: 12/3/2007
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Lawyer reinstatement ordered.