Opinions

Grosgebauer v. N.D. Dept. of Transportation 2008 ND 75
Docket No.: 20070299
Filing Date: 4/18/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Whether a driver affirmatively refused to submit to alcohol testing is a determination of fact that is significantly reliant on the credibility of witnesses.
To cure a refusal to submit to alcohol testing, the consent to submit to testing must be clearly articulated and meet other criteria.

Stockman Bank of Montana v. AGSCO, Inc., et al.(Cross Ref w/20060174) 2008 ND 74
Docket No.: 20070357
Filing Date: 4/18/2008
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Where a party is erroneously ordered to pay another, the party is entitled to interest at the legal rate set by N.D.C.C. 47-14-05, when the judgment is later reversed.

State v. Jacobson 2008 ND 73
Docket No.: 20070103
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - Assault
Author: Maring, Mary

Highlight: An appearance of partiality requiring a judge's disqualification does not automatically result from a judge's casual or social acquaintance with a witness.
A disqualified judge whose withdrawal from a case is not mandatory has the option of either withdrawing or disclosing to the parties on the record the basis for his disqualification.
A party seeking to disqualify a judge from a proceeding must file a timely motion.
A party who knows the facts that would form the basis of disqualification prior to entry of a judgment against him waives his right to disqualification of a judge by failing to request disqualification until after the judge enters a judgment adverse to that party.

Bateman v. City of Grand Forks 2008 ND 72
Docket No.: 20070217
Filing Date: 4/17/2008
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.
Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid.
A special assessment against any property must not exceed the benefit the property receives from the improvement.
A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.

Lynnes v. Lynnes 2008 ND 71
Docket No.: 20070274
Filing Date: 4/17/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: The district court's valuation of property is a finding of fact which will be reversed on appeal only if it is clearly erroneous. When the district court's valuation is within the range of evidence provided by the parties, the district court's valuation will not be set aside, unless this Court has a definite and firm conviction a mistake has been made.
A relatively insignificant error in valuation of a marital asset will not, standing alone, constitute sufficient grounds for reversal of the judgment.
If substantial amount of debts are excluded from the marital estate, it is not clear that the district court would have reached the same result in allocating the assets and debts had it correctly included the debts as part of the marital estate before allocating the debts between the parties.

State v. Gendron 2008 ND 70
Docket No.: 20070199
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: Restitution orders will be affirmed unless the district court acted outside the limits set by statute, which is similar to an abuse of discretion standard.
The prosecution has the burden of proving the amount of restitution by a preponderance of the evidence.
Evidentiary imprecision on the amount of damages does not preclude recovery by restitution.

State v. Loomer (Consolidated w/20070236-20070239) 2008 ND 69
Docket No.: 20070235
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: For a not guilty plea, the Rules of Criminal Procedure do not require specific notice of a mandatory minimum sentence.
Unless a defendant was prejudicially misled, neither an error in the citation nor its omission is a ground to dismiss the indictment or information or to reverse a conviction under N.D.R.Crim.P. 7(c)(2).

Wenzel Estate v. Wenzel 2008 ND 68
Docket No.: 20070264
Filing Date: 4/17/2008
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A trial court's findings in a partition action will not be reversed on appeal unless they are clearly erroneous.
A trial court's equitable powers in partition actions do not include the power to order one party to buy out the other party's share of jointly owned property.

Oyloe v. ND Department of Human Services 2008 ND 67
Docket No.: 20070251
Filing Date: 4/17/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: A Medicaid-qualifying trust is considered an available asset for Medicaid eligibility purposes.
A resulting trust in favor of the settlor arises not only where an intended trust fails altogether but also where it fails in part, and where the trust fails in part, there is a resulting trust of so much of the property as is not appropriated to the part of the trust that does not fail.
Public policy will not allow the social safety net for persons who are old, poor, and unfortunate to be exploited by those who are affluent.

State v. Hidanovic 2008 ND 66
Docket No.: 20070130
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: In considering whether to grant a new trial on the ground of juror misconduct, a district court must decide whether there was misconduct and, if so, whether the misconduct could have affected the verdict of a hypothetical average juror.
A juror generally may not testify about matters or statements occurring during the course of the jury's deliberations, but may testify regarding the receipt of extraneous prejudicial information or improper outside influence.
If evidence of possible extraneous prejudicial information or outside influence is discovered, the proper procedure is to cease investigation to reduce the possibility of juror taint from extrajudicial pressures and to notify the court so it can conduct appropriate questioning.
The rule excluding juror testimony about statements during deliberations does not preclude evidence to show a juror lied during voir dire.
To prevail on a motion for new trial on the ground of newly discovered evidence, a defendant must show the evidence was discovered after trial, the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, the newly discovered evidence is material to issues at trial, and the weight and quality of the newly discovered evidence would likely result in an acquittal.
In ruling on the relevancy of evidence, a district court has broad discretion to balance the probative value of the evidence against the risk of unfair prejudice.
Determining the admissibility of an out-of-court photographic identification of a defendant involves a two-step inquiry to determine whether the photographic identification procedure was suggestive, and whether the identification was, under the totality of the circumstances, reliable.

State v. Kieper 2008 ND 65
Docket No.: 20070100
Filing Date: 4/17/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Mere suspicion that criminal activity is taking place, which may warrant further investigation, does not rise to the level of probable cause to support issuance of a search warrant.
Issues not raised before the district court will not be considered for the first time on appeal.

City of Fargo v. Levine 2008 ND 64
Docket No.: 20070098
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The government will be ordered to produce source code for the Intoxilyzer only if the defendant establishes that the code is material and that the code is within the possession, custody, or control of the government.

State v. Herbel 2008 ND 63
Docket No.: 20070344
Filing Date: 4/17/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: Conviction of possession of marijuana by a driver is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Wessman v. Wessman 2008 ND 62
Docket No.: 20070069
Filing Date: 3/31/2008
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A district court's award of custody is treated as a finding of fact and, on appeal, will not be reversed unless it is clearly erroneous.
Under N.D.C.C. 14-09-06.1, a district court must award custody of a child to the person who will promote the best interests and welfare of the child.
When there is credible evidence of domestic violence, it dominates the hierarchy of "best interest" factors to be considered.
When a district court addresses whether evidence of domestic violence triggers the presumption under N.D.C.C. 14-09-06.2(1)(j), we require specific findings and conclusions regarding the presumption so we are not left guessing as to the court's rationale regarding the application of the presumption.

Stanhope v. Phillips-Stanhope 2008 ND 61
Docket No.: 20070137
Filing Date: 3/27/2008
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: To constitute a material change in circumstances for a change of custody, improvements in the noncustodial parent's situation must be accompanied by a decline in the condition of the children with the custodial parent over the same period of time.

Sauby v. City of Fargo 2008 ND 60
Docket No.: 20070202
Filing Date: 3/25/2008
Case Type: Certified Question - Civil - Civil
Author: Sandstrom, Dale

Highlight: A home rule city may not impose fees for noncriminal traffic offenses that exceed the limits set forth for equivalent violations under state law.
General language in judicial opinions must be read in the context of the issues before a court.
A court will not follow opinions of the Attorney General if they are inconsistent with the statutory interpretation that the court deems reasonable.

Olson v. Workforce Safety and Insurance 2008 ND 59
Docket No.: 20070094
Filing Date: 3/25/2008
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Under the 2003 version of N.D.C.C. 65-01-02(5)(b), the calculation of a self-employed worker's average weekly wage was based upon the net profit shown on Schedule C of his preceding year's tax return.

Hitz v. Hitz 2008 ND 58
Docket No.: 20070211
Filing Date: 3/24/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A trial court must start with a presumption that all property held by either party, whether held jointly or individually, is to be considered marital property. The trial court must then determine the total value of the marital estate in order to make an equitable division of property.
After a fair evaluation of the property is made, the entire marital estate must then be equitably divided between the parties under the Ruff-Fischer guidelines.
A trial court, having the opportunity to observe demeanor and credibility, is in a far better position than an appellate court in ascertaining the true facts regarding property value, and a marital property valuation within the range of the evidence presented to the district court is not clearly erroneous.

Erickson, et al. v. Brown, et al. 2008 ND 57
Docket No.: 20070044
Filing Date: 3/24/2008
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A complaint is construed in the light most favorable to the plaintiff and may not be dismissed for failure to state a claim unless it discloses with certainty the impossibility of proving a claim upon which relief can be granted.
A claim for fraud applies to parties to a contract while a claim for deceit applies where there is no contract between the parties.
A promise made without any intention of performing may be deceit.
Legal issues entitling a party to a jury trial are tried to a jury before disposition of equitable issues triable to the court, and whenever the issues are so interrelated that a decision in the nonjury portion might affect the decision of the jury portion, the jury portion must be tried first.
There is no implied covenant of good faith and fair dealing in the employment context.
Nonprejudicial errors constitute harmless error and are not grounds for reversal.

Serr v. Serr 2008 ND 56
Docket No.: 20070231
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Where parties stipulate to a custody arrangement, it must be given a great deal of deference, and to provide certainty in the future, the parties must be bound by the stipulated arrangement.
When a stipulation is incorporated into a judgment, this Court is concerned only with interpretation and enforcement of the judgment, not with the underlying contract.
Child support determinations involve questions of law which are subject to the de novo standard of review, findings of fact which are subject to the clearly erroneous standard of review, and may, in some limited areas, be matters of discretion subject to the abuse of discretion standard of review.

Young v. Young 2008 ND 55
Docket No.: 20070293
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: To modify visitation, the moving party must establish a material change of circumstances has occurred since the prior visitation order and it is in the best interests of the child to modify the order.
A material change in circumstances sufficient to amend a visitation order is similar to, but is distinct from, a material change in circumstances sufficient to change custody.

Niemann v. Niemann 2008 ND 54
Docket No.: 20060332
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A court does not reach the consideration of the best interest factors, which include the domestic violence presumption, unless the court first finds a significant change in circumstances.
If domestic violence exists under the definition in N.D.C.C. 14-07.1-01 but does not rise to the level necessary to invoke the presumption contained in N.D.C.C. 14-09-06.2(j), there may nevertheless be a change of circumstances which may justify a change in custody under N.D.C.C. 14-09-06.6.

Buchholtz v. Director, N.D. Dept. of Transportation 2008 ND 53
Docket No.: 20070241
Filing Date: 3/20/2008
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Fair administration of an Intoxilyzer test may be established by proof that the method approved by the State Toxicologist for conducting the test has been scrupulously followed.
"Observing" a DUI arrestee is not the only manner of "ascertaining" that the arrestee had nothing to eat, drink, or smoke within the twenty minutes prior to the collection of the breath sample as required by the approved method.

State v. Jacobsen 2008 ND 52
Docket No.: 20070105
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: An order revoking probation is reviewed under a two-step analysis, determining (1) whether the factual finding of a probation violation was clearly erroneous and (2) whether the district court abused its discretion when it decided revocation of probation was warranted.
Although the State generally has the burden of proving by a preponderance of the evidence that the defendant violated the terms of probation, when revocation proceedings are triggered by a failure to pay restitution, the defendant has the burden to raise and prove an inability to pay restitution as ordered by the court.
A sentencing court generally may revoke probation and impose incarceration for failure to pay restitution only after considering the reason for nonpayment and whether there are adequate alternative forms of punishment, but this limitation does not apply when restitution is ordered as part of a plea agreement.

Interest of B.B. (CONFIDENTIAL) (Cross-ref. w/ 20060322) 2008 ND 51
Docket No.: 20070233
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Juvenile Law
Author: VandeWalle, Gerald

Highlight: A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians.
Reasonable efforts to preserve and reunite families must be made before the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home, and to make it possible for a child to return safely to the child's home.

State v. Brockel 2008 ND 50
Docket No.: 20070139
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: An officer can order a driver to sit in the patrol car when the officer issues a citation.
To justify a pat-down search, an officer must have a reasonable suspicion the person is armed and dangerous, or the person consented to the search.

Makedonsky v. ND Department of Human Services 2008 ND 49
Docket No.: 20070183
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An applicant for Medicaid benefits has the burden of proving eligibility.
An applicant for Medicaid benefits may be required to initiate an appropriate legal action to make an asset available for purposes of calculating eligibility for Medicaid benefits.
An attorney in fact has a relation of personal confidence with the principal and is deemed a trustee, and all transactions between a trustee and a beneficiary are presumed to be without sufficient consideration and under undue influence.

White v. Altru Health System, et al. 2008 ND 48
Docket No.: 20070031
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: The medical malpractice statute in effect at the time of injury applies.

Huwe v. Workforce Safety and Insurance 2008 ND 47
Docket No.: 20070067
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Although WSI has the authority to weigh the credibility of medical evidence and resolve conflicting medical opinions, it may not do so in an unreasoned manner but must consider the entire record, clarify inconsistencies, and adequately explain its reasons for disregarding medical evidence favorable to the claimant.
A claimant reapplying for disability benefits under N.D.C.C. 65-05-08(1) bears the burden of showing a significant change in his compensable medical condition and an actual wage loss caused by the significant change in his compensable medical condition.

Mulske v. State 2008 ND 46
Docket No.: 20070245
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Heyen v. State 2008 ND 45
Docket No.: 20070271
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tibor (Consolidated w/ 20070190 & 20070191) 2008 ND 44
Docket No.: 20070189
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: District court criminal judgments for guilty of gross sexual imposition are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Darby (Cross Reference w/20060368 & 20060278) 2008 ND 43
Docket No.: 20070092
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Theft
Author:

Highlight: A criminal judgment for burglary and simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Disciplinary Board v. Vela (Consol. w/ 20080032; Cross ref. 20050173) 2008 ND 42
Docket No.: 20080031
Filing Date: 3/17/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered

Sabo, et al. v. Keidel, et al. 2008 ND 41
Docket No.: 20070206
Filing Date: 3/3/2008
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: Summary judgment may be appropriate in a case regarding an unambiguous trust.
Extrinsic evidence is not admissible to contradict the terms of an unambiguous trust instrument.
A life estate holder's interest in property includes both the right to possession and use including the right to profits generated by the property during the tenant's life.

Langer, et al. v. Bartholomay, et al. 2008 ND 40
Docket No.: 20070056
Filing Date: 2/29/2008
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Custom and usage may be given effect as part of a written contract if the agreement is silent or ambiguous on a point and there is a well-established custom concerning a subject so that the parties may be presumed to have acted with reference to the custom.
Time is generally of the essence in exercising an option, and the optionee must perform the terms of the option within the specified time and upon the terms and conditions provided in the agreement.
There are many different methods that may be used to prove damages for lost profits resulting from a breach of contract, but whichever method is used must be reasonably accurate and provide a fair basis for calculating the damages.
The injured party can recover lost profits resulting from a breach of contract only to the extent the evidence he produces affords a sufficient basis for estimating with reasonable certainty the amount of profits prevented by the breach.

Interest of R.P. (CONFIDENTIAL) 2008 ND 39
Docket No.: 20070151
Filing Date: 2/27/2008
Case Type: Appeal - Criminal - Juvenile Law
Author: Maring, Mary

Highlight: Juveniles have a statutory right to a reasonable opportunity to consult with a parent, guardian, custodian, or legal counsel before submitting to chemical testing when providing the opportunity to consult does not materially interfere with administration of the chemical test.
A totality of the circumstances test applies to determine the reasonableness of a juvenile's opportunity to consult with his or her counsel, parent, guardian, or custodian before submitting to chemical testing.

City of Minot v. Keller (Consolidated w/20070117) 2008 ND 38
Docket No.: 20070116
Filing Date: 2/25/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: For reasonable and articulable suspicion to stop a vehicle, officer to officer communications are presumptively reliable.

Interest of P.F. (Confidential) 2008 ND 37
Docket No.: 20070133
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: The court must decide whether an individual who is committed because he is sexually dangerous may be discharged.
The equal protection clauses of the state and federal constitutions do not prohibit legislative classifications or require identical treatment of different groups of people.

Matter of Hehn 2008 ND 36
Docket No.: 20070167
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: In a civil commitment of a sexually dangerous individual, the fact that actuarial test scores do not give rise to scores showing a high re-offending risk does not preclude the fact-finder from coming to an alternative conclusion.
The importance of independent judicial decision-making means the court, rather than the test scores or the psychologists who create them, is the ultimate decision-maker as to whether the State has met its burden of clear and convincing evidence to sustain a civil commitment for a sexually dangerous individual.

State of Michigan, ex. rel. Schneider v. Schneider, et al. 2008 ND 35
Docket No.: 20070230
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Any deviation from the child support guidelines requires the court to make a written finding or a specific finding on the record.
Child support must be ordered in the presumptive amount unless, taking into consideration the best interests of the children, the court finds the presumptive amount is not the correct amount of child support.

People to Save the Sheyenne River, et al. v. Dept. of Health, et al. 2008 ND 34
Docket No.: 20070118
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: The Health Department's decision to modify a North Dakota Pollutant Discharge Elimination System permit will not be reversed on appeal unless the decision is arbitrary, capricious, or unreasonable.
An administrative agency has a reasonable range of discretion to apply its own regulations, and the agency's expertise is entitled to deference when the subject matter is complex.
A North Dakota Pollutant Discharge Elimination System permit may be modified for cause, which includes new information or to correct a technical mistake.

State v. Lium 2008 ND 33
Docket No.: 20070135
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: A plea agreement for a specific sentence or sentencing range which is binding on a district court may be accepted, rejected, or deferred until the court has reviewed a presentence report.
After a guilty plea has been accepted but before sentencing, a defendant may withdraw the plea if necessary to correct a manifest injustice, or if allowed in the court's discretion for any fair and just reason unless the prosecution has been prejudiced by reliance on the plea.
A district court misapplies the law if a motion to withdraw a guilty plea is made before sentencing and the court does not decide whether there was a fair and just reason for withdrawal of the plea.

State v. Fischer (Cross-Ref. w/20050437 & 20060153) 2008 ND 32
Docket No.: 20060140
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Consent to search may be given by parties with actual or apparent authority, when viewed from the officer's perspective.
When ineffective assistance of counsel is raised on direct appeal, an appellate court reviews the record to determine if counsel was plainly defective.
Before accepting a waiver of the right to counsel, the district court must determine whether the waiver was voluntary and was made knowingly and intelligently.
A criminal defendant who knowingly and intelligently waives the right to counsel and elects self-representation, and who has been appointed standby counsel, is not constitutionally entitled to access to a law library.
Pretrial bail issues are moot after conviction, unless the amount prejudiced the defendant in the preparation of his defense.
A presumptively prejudicial delay of one year or more does not alone create a speedy-trial violation.
Government employment does not constitute an implied bias for purposes of excusing a juror.

State v. Skarsgard 2008 ND 31
Docket No.: 20070223
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: Under N.D.R.Crim.P. 12(b), a defendant is required to make certain motions before trial, and failure to do so may waive defenses under the rule.
The Supreme Court may grant relief from a waiver if the movant establishes just cause.

Lies v. N.D. Dept. of Transportation 2008 ND 30
Docket No.: 20070257
Filing Date: 2/21/2008
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Individuals arrested for DUI must be afforded a reasonable opportunity to consult with counsel before deciding whether to submit to a chemical test.
The failure to allow a DUI arrestee a reasonable opportunity to consult with a lawyer after the arrestee has made such a request prevents the revocation of his driver's license for refusal to take a chemical test.
There are no bright-line rules for determining whether a "reasonable opportunity" to consult with an attorney has been afforded; rather, the determination of whether a reasonable opportunity has been provided turns on an objective review of the totality of the circumstances.

Patten v. State 2008 ND 29
Docket No.: 20070144
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A lawyer must abide by a competent defendant's decision regarding the plea to be entered.
If a defendant is competent and voluntarily pleads guilty, the defendant waives the right to raise the defense of lack of criminal responsibility when the acts occurred.

State v. Kochel 2008 ND 28
Docket No.: 20070174
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Whether an individual has a reasonable expectation of privacy is reviewed de novo.

State v. Schmalz (CONSOLIDATED w/20070128) 2008 ND 27
Docket No.: 20070127
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: Probable cause exists when the facts and circumstances relied upon by the judge who issues the warrant would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.
"Bare-bones" information is not sufficient to satisfy the probable cause requirement for a warrant.
The determination of whether probable cause exists to issue a search warrant is a question of law.
Simply because a warrant application contains some information that is not relevant, or is, in and of itself, insufficient to create probable cause, does not necessarily mean probable cause did not exist to validly issue the warrant.
While the our state constitution may, in certain instances, provide greater individual rights than those afforded under the federal constitution, like the Fourth Amendment, Article I, section 8 of the North Dakota Constitution is not implicated unless a reasonable expectation of privacy is invaded.

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.

State v. Carlsen 2008 ND 16
Docket No.: 20070126
Filing Date: 2/4/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction of reckless endangerment under circumstances manifesting extreme indifference to the value of human life is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Judicial Vacancy in Judgeship No. 1, East Central Judicial District 2008 ND 15
Docket No.: 20070368
Filing Date: 2/4/2008
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo in the East Central Judicial District.

Wold v. Wold 2008 ND 14
Docket No.: 20060342
Filing Date: 1/23/2007
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Generally, in a divorce, a court's property valuations are not clearly erroneous if they are within the range of the evidence presented.
Under N.D.C.C. 14-05-24.1, a district court in a divorce case may require one party to pay spousal support to the other for any period of time.
Spousal support awards must be made in consideration of the disadvantaged spouse's needs and the supporting spouse's needs and ability to pay, but it is not necessary for the court to determine a spouse is disadvantaged by the divorce to award spousal support to that spouse.
Property division and spousal support are interrelated and often must be considered together.
It is within the district court's discretion to order security for a spousal support obligation.

State v. Desjarlais (Consolidated w/20070157) 2008 ND 13
Docket No.: 20070156
Filing Date: 1/22/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: There is no obvious error under N.D.R.Crim.P. 52(b) unless there is a clear deviation from a clearly established rule of law.

Van Sickle, et al. v. Hallmark & Assoc., Inc., et al. 2008 ND 12
Docket No.: 20070154
Filing Date: 1/22/2008
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A debt cannot be discharged in bankruptcy unless the creditor received notice of the bankruptcy proceedings.
State and federal courts have concurrent jurisdiction to decide whether a creditor's claim has been discharged in a bankruptcy proceeding if the creditor claims he did not have notice or actual knowledge of the bankruptcy proceeding.
Claims for conversion and breach of contract may arise under the same facts if the defendant's conduct would give rise to liability independent of the fact that a contract exists between the parties.
A claim for tortious interference ordinarily requires a showing that a person who is not a party to the contract interfered with the contract.
The Supreme Court does not issue advisory opinions.

Koble v. Koble 2008 ND 11
Docket No.: 20070198
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Leno v. Department of Transportation 2008 ND 10
Docket No.: 20070213
Filing Date: 1/17/2008
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: The Department is not required to show an Intoxilyzer machine has been recalibrated following a movement of the machine to prove an Intoxilyzer test was fairly administered.
An agency's decision will be affirmed if its findings of fact are supported by a preponderance of the evidence. When deciding whether a preponderance of the evidence supports an agency's findings, we do not re-weigh the evidence or substitute our judgment for that of the agency.

Interest of J.S., et al. (CONFIDENTIAL) 2008 ND 9
Docket No.: 20070123
Filing Date: 1/17/2008
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Kourajian v. Kourajian 2008 ND 8
Docket No.: 20070175
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A party seeking custody modification under N.D.C.C. 14-09-06.6(4) is entitled to an evidentiary hearing if the party brings a prima facie case, by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody modification in favor of that party.
The purpose of the prima facie case requirement in N.D.C.C. 14-09-06.6(4) is to avoid holding custody modification hearings based on mere allegations alone.

City of Minot v. Boger, et al. (Cross-reference w/ 20060163) 2008 ND 7
Docket No.: 20070158
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The due process clauses of the federal and state constitutions are not violated under the void-for-vagueness doctrine if the challenged language, when measured by common understanding and practice, gives adequate warning of the conduct proscribed and marks boundaries sufficiently distinct for fair administration of the law.
A local government has a substantial interest in aesthetics and has the right to maintain its aesthetics through zoning regulations.

Overland v. Overland 2008 ND 6
Docket No.: 20070070
Filing Date: 1/17/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court's division of property does not need to be equal to be equitable, but any substantial disparity must be explained.
When awarding spousal support, a district court must consider the relevant factors under the Ruff-Fischer guidelines. A court must also consider the needs of the spouse seeking support and of the supporting spouse's needs and ability to pay.

City of Grand Forks v. Mitchell 2008 ND 5
Docket No.: 20070153
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: A police officer's stop of a vehicle bearing no license plates with a white 8 ? x 11 sheet of paper with a date written in black marker posted in its rear window that the officer did not recognize as an authentic temporary registration certificate was constitutionally permissible because the officer had reasonable and articulable suspicion of a violation of the motor vehicle registration law.
A police officer's subjective intent is not germane for purposes of the objective inquiry used to determine whether a reasonable and articulable suspicion existed that an individual was violating the law.

State v. Wegley 2008 ND 4
Docket No.: 20070027
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Even if a defendant objects to hearsay testimony about a child's out-of-court statement at a pre-trial hearing, the defendant's failure to object at trial limits review to determining whether the admission of that testimony into evidence constitutes obvious error affecting substantial rights.
To establish obvious error, a defendant must show error that is plain and affects substantial rights, and to affect substantial rights a plain error must have been prejudicial, or have affected the outcome of the proceeding.
Nonverbal conduct is a statement under the hearsay rules if the nonverbal conduct was intended as an assertion.
A declarant's out-of-court statement is not hearsay if the declarant testifies at trial and is subject to cross-examination concerning the statement, and the statement is consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive.

State v. Emery 2008 ND 3
Docket No.: 20070147
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Ordering the surrender of license plates does not fit the maximum penalty for a first DUI offense.
A DUI conviction cannot be used to enhance the penalty of a subsequent DUI conviction when there is no proof that the defendant waived his right to counsel before pleading guilty to the earlier DUI charge.

State v. Odom (Cross-Ref w/20060106) 2008 ND 2
Docket No.: 20070187
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: A district court drug-offenses criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. St. Claire 2008 ND 1
Docket No.: 20070222
Filing Date: 1/17/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment in a drug case following denial of motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Brewer v. Ziegler 2007 ND 207
Docket No.: 20070152
Filing Date: 12/20/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A highway patrol officer has the express power to enforce the state motor vehicle laws and to enforce all laws relating to the use or presence of alcoholic beverages in motor vehicles, and, therefore, has the power to arrest a person who is located on private property while violating the provisions of those laws.
The failure to give an implied consent advisory does not require exclusion of the preliminary breath test results.
Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.

Manitoba Public Ins. Corp. v. Dakota Fire Ins. Co. 2007 ND 206
Docket No.: 20070061
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: A procedural remedy is not a vested right and is subject to repeal, modification, or change.

Hsu v. Marian Manor Apartments 2007 ND 205
Docket No.: 20070040
Filing Date: 12/20/2007
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: A contract providing for the lease of a clinic owned by a nursing home to a licensed physician, which named the physician lessee using the suffix "M.D.," and which provided that the lessee shall obtain and maintain all necessary licenses to operate a clinic, unambiguously required the physician to maintain a license to practice medicine.
Revocation of a physician's license to practice medicine is a breach of a lease unambiguously requiring the physician to maintain a license to practice medicine entitling the lessor to refuse to renew the lease.

Disciplinary Board v. Nemec 2007 ND 204
Docket No.: 20070358
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Johnson (Consolidated w/ 20070108) 2007 ND 203
Docket No.: 20070107
Filing Date: 12/19/2007
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer may be disciplined for writing a letter to a third party containing false statements that have no substantial purpose other than to delay or to embarrass or burden the third party.
A lawyer may be disciplined for making false statements to the court.
Defiance of a disciplinary admonition may increase the sanction imposed on a lawyer.
Lawyer suspended from the practice of law for 60 days and ordered to pay the costs and expenses of the disciplinary proceeding.

Nagel v. Workforce Safety and Ins., et al. 2007 ND 202
Docket No.: 20070120
Filing Date: 12/19/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Equitable estoppel may be applied to bar an assertion that a claim was untimely under N.D.C.C. 65-05-01.
In certain situations, such as a relapse of a condition caused by a work-related injury, the disallowance of a workers compensation claim following relapse may be a notifying event which ends the tolling of the statute of limitations for the injured worker.

Bartch v. ND Dept. of Transportation 2007 ND 201
Docket No.: 20070160
Filing Date: 12/17/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Display of an expired registration tab on a license plate justifies a traffic stop.

Bowman v. ND Workforce Safety and Insurance 2007 ND 200
Docket No.: 20070227
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author:

Highlight: A judgment affirming an order of Workforce Safety and Insurance denying an application for workers compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Christofferson v. N.D. Dept. of Health 2007 ND 199
Docket No.: 20070129
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A tire collection that may benefit agricultural activities may not be a "beneficial use" because of "accumulations in total, on human and animal health, the environment, and on local and state government, which may be ultimately financially responsible to dispose of the tires."

Matter of Midgett 2007 ND 198
Docket No.: 20070109
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The Sixth Amendment does not apply to a civil commitment proceeding for a sexually dangerous individual.
In a civil commitment proceeding for a sexually dangerous individual, evidence of prior sexually predatory conduct or criminal conduct, including a record of the juvenile court, is admissible.

State v. Schmeets 2007 ND 197
Docket No.: 20060375
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The threshold question for determining whether a person tampered with constitutes a "witness" is whether the individual charged with tampering with that person had a reasonably founded belief that the person tampered with would testify.
The person tampered with in a witness tampering case need not be included on a witness list filed in a case in order for an individual to be convicted of tampering with that witness.

Christian v. Christian 2007 ND 196
Docket No.: 20070053
Filing Date: 12/13/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Permanent spousal support is appropriate when the economically disadvantaged spouse cannot be equitably rehabilitated to make up for the opportunities and development she lost during the course of the marriage.
When the parties to a divorce have reached an agreement on all matters pertaining to division of their property, there is no reason for the district court to hear evidence of the value of marital property.
In deciding whether to award attorney fees in a divorce action, the district court must balance one party's needs against the other party's ability to pay.
Submission of an affidavit to support an award of attorney fees is not necessary when the award is supported by testimony and other documentary evidence received in an evidentiary hearing.
Evidence that is discoverable before trial does not qualify as newly discovered evidence.
A property settlement agreement that is unconscionable may be set aside.

State v. Haugen 2007 ND 195
Docket No.: 20070141
Filing Date: 12/13/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Carrying a loaded firearm in a vehicle is a strict liability offense, punishable without regard to intent, knowledge, willfulness, or negligence.
An appellant assumes the consequences and risks for failure to file a complete transcript, and an issue will not be reviewed if the record on appeal does not allow for a meaningful and intelligent review of the alleged error.

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.

Estate of Egeland (Cross-ref. w/ 20060319) 2007 ND 184
Docket No.: 20070075
Filing Date: 11/27/2007
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: A court appropriately considers the benefit received by joint obligors in determining the right to contribution between them under N.D.C.C. 9-01-08.
On appeal due regard is givien to the trial court's opportunity to assess the credibility of the witnesses, and the trial court's choice between two permissible views of the evidence is not clearly erroneous.

Tarnavsky v. Tarnavsky, et al. 2007 ND 183
Docket No.: 20070021
Filing Date: 11/26/2007
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Order denying "motion to expunge" under N.D.R.Civ.P. 60(b)(iii) and (iv) summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).