Opinions

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).