Opinions

State v. Skarsgard (Consolidated w/20070084) 2007 ND 174
Docket No.: 20070083
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgments for driving under the influence of alcohol and driving with a suspended license are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7).

State v. Thompson (Consolidated w/20070143) 2007 ND 173
Docket No.: 20070142
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

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

Oie v. State 2007 ND 172
Docket No.: 20070119
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. $2996.00 U.S. Currency 2007 ND 171
Docket No.: 20070082
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting forfeiture of $2996.00 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Light 2007 ND 170
Docket No.: 20070327
Filing Date: 11/14/2007
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Rodenbiker v. Workforce Safety and Insurance 2007 ND 169
Docket No.: 20070114
Filing Date: 10/29/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: Section 65-05-10, N.D.C.C., does not provide for an award of partial disability benefits when an injured worker cannot be returned to substantial gainful employment as defined under N.D.C.C. 65-05.1-01(3), and does not have a retained earnings capacity to meet the income test of N.D.C.C. 65-05.1-01(6)(a)(3).
The purpose of partial disability benefits is to assist individuals who can be returned to substantial gainful employment through rehabilitation, but will experience a decrease in earnings capacity upon return to the workforce.
Partial disability benefits are for individuals who can return to substantial gainful employment, but at a lesser amount of income.

Bertsch v. Bertsch 2007 ND 168
Docket No.: 20070110
Filing Date: 10/19/2007
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The law of the case doctrine applies only to issues decided by final judgments.
A district court has broad discretion regarding the scope of discovery.
A district court discovery order must be obeyed by the party to whom the order was issued. Failure to obey the order will result in a sanction, requiring the failing party to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified.

Kienzle v. Yantzer 2007 ND 167
Docket No.: 20060364
Filing Date: 10/19/2007
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When a stipulation is incorporated into a judgment, the judgment is interpreted and enforced, not the underlying contract.
A district court's interpretation of its own judgment is entitled to deference when the language of the judgment is ambiguous.
A district court's decision whether to allow a custodial parent to relocate out of state with the child is a finding of fact, and will not be overturned on appeal unless clearly erroneous.

Interest of T. E. (Confidential) 2007 ND 166
Docket No.: 20070278
Filing Date: 10/16/2007
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: A State Hospital patient can be subject to more than one 90-day forced medication order.
The refusal-of-medication requirement of N.D.C.C. § 25-03.1-18.1(1)(a)(2) can be met when a patient who is not literally refusing medication but is taking medication only because of a prior forced medication order indicates he would not take further medication unless ordered to do so by a court.

Sayler v. ND Dept. of Transportation 2007 ND 165
Docket No.: 20070101
Filing Date: 10/16/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: When an administrative order revoking a driver's license is appealed to the district court, the director or the hearing officer who rendered the decision must file a certified transcript of the testimony and all other proceedings within twenty days after receipt of the notice of appeal.
Probable cause to arrest a driver for driving under the influence exists if the police officer (1) observes some signs of physical or mental impairment, and (2) has reason to believe the driver's impairment is caused by alcohol.