Opinions

Hawes v. ND Department of Transportation (consolidated w/20070060) 2007 ND 177
Docket No.: 20070059
Filing Date: 11/14/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: That the defendant's vehicle is out of gas does not render the vehicle inoperable as a matter of law.
When there has been no objection to a prosecutor's argument, the judgment will not be reversed unless it was an obvious error affecting a defendant's substantial rights.

State v. Jacobs 2007 ND 176
Docket No.: 20070033
Filing Date: 11/14/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Amended criminal judgment for possession of methamphetamine with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Mountrail Bethel Home v. Lovdahl (Cross-reference w/ 20060002) 2007 ND 175
Docket No.: 20070148
Filing Date: 11/14/2007
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment finding enforceable contract did not exist is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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.