Opinions

Kostelecky v. Kostelecky (Cross-reference with 20050231) 2007 ND 63
Docket No.: 20060352
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of D.M., a child CONFIDENTIAL 2007 ND 62
Docket No.: 20060236
Filing Date: 5/1/2007
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: A lower court's decision to terminate parental rights is a question of fact that will not be overturned unless the decision is clearly erroneous.
A finding that someone "has issues" or "struggled with issues" is meaningless as a matter of law.
When there has been an extensive period during which efforts have been made to overcome a parent's inabilities to effectively parent, the courts cannot allow the children to remain in this indeterminate status midway between foster care and the obvious need for permanent placement.
A history of alcohol and drug abuse combined with numerous failed attempts at controlling the addiction, together with evidence of a failure to fully cooperate with social service workers to receive the necessary treatment and services to become a fit parent, demonstrates a very poor prognosis for a parent's ability to provide minimally adequate care for a child.
When the mental and physical health of a child are the concerns, it is not enough that a parent indicate a desire to improve. A parent must be able to demonstrate present capability, or capability within the near future, to be an adequate parent.

State v. Helton 2007 ND 61
Docket No.: 20060311
Filing Date: 5/1/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A conviction rests upon insufficient evidence only when no rational factfinder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.
To sustain a conviction of delivering alcohol to a minor, the State does not need to show actual physical delivery of alcohol to a minor. The statutory definition of delivery includes constructive and attempted transfers as well.

Holbach v. Dixon 2007 ND 60
Docket No.: 20060275
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A petition for a disorderly conduct restraining order must allege specific facts or threats that adversely affect the safety, security, or privacy of another person.
To comport with due process requirements in a disorderly conduct restraining order proceeding, a court can limit the petitioner's argument to the dates alleged and the facts contained in the petition.

State v. Georgeson 2007 ND 59
Docket No.: 20060211
Filing Date: 5/1/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

Olsson v. Workforce Safety and Insurance, et al. 2007 ND 58
Docket No.: 20060371
Filing Date: 5/1/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming the decision of Workforce Safety and Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Hieb v. Hieb 2007 ND 57
Docket No.: 20060240
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Divorce judgment dividing marital property and awarding spousal support, attorney fees, and costs is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Deacon's Development v. Lamb, et al. 2007 ND 56
Docket No.: 20060335
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: A district court order awarding costs and attorney fees is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Kessel v. Rutherford, et al. 2007 ND 55
Docket No.: 20060267
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: Personal injury judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Gisvold v. Windbreak Inc. 2007 ND 54
Docket No.: 20060209
Filing Date: 4/19/2007
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: In considering a motion for a new trial based on insufficiency of the evidence, a district court may not substitute its own judgment for that of the jury, or act as a thirteenth juror when the evidence is such that different persons would naturally and fairly come to different conclusions; rather, a district court may set aside a jury verdict when, in considering all the evidence, the court's judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.
A district court's decision on a motion for a new trial must concisely state the grounds on which the ruling is based.