Opinions

State v. Fasteen 2007 ND 162
Docket No.: 20070046
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Under the Terry doctrine, a law enforcement officer can make an investigative stop of a vehicle if the officer has a reasonable and articulable suspicion that the motorist has violated or is violating the law.
Under N.D.C.C. 39-10-38(1), no person may turn a vehicle right or left upon a roadway without giving an appropriate signal and unless or until such movement can be made with reasonable safety.

State v. Hemmes (consolidated w/20070011) 2007 ND 161
Docket No.: 20070010
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: Brady v. Maryland, 373 U.S. 83 (1963) does not apply to probation revocation proceedings.
The evidentiary disclosure requirements of N.D.R.Crim.P. 16 apply to probation revocation proceedings.

State v. Skarsgard (Consolidated w/ 20060305) 2007 ND 160
Docket No.: 20060304
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A law enforcement officer may make an investigative stop of a vehicle if the officer has at least a reasonable suspicion that the motorist has violated the law or probable cause to believe the motorist has done so.
When a law enforcement officer observes a vehicle with no license plates and no viewable registration certificate, the officer has reasonable grounds to stop the driver and check if the driver has a valid certificate in his possession.
An adequate foundation for admission of blood-alcohol test results may be established by the testimony of witnesses.
A jury is generally presumed to follow instructions, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
Generally, pretrial bail issues are moot after conviction.
Reversal of a conviction and release from confinement is not a remedy for allegations of deliberate indifference to serious medical needs in violation of the cruel and unusual punishment clause of the Eighth Amendment.
Appellate review of a criminal sentence focuses only on whether the district court acted within the limits prescribed by statute, or substantially relied on an impermissible factor.

State v. Skarsgard 2007 ND 159
Docket No.: 20070034
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The criminal code definition of "offense" as "conduct for which a term of imprisonment or fine is authorized under statute after conviction" applies to driving violations under N.D.C.C. 39-08-01 and 39-06-42.
Judgments for driving under the influence and driving under suspension which are on appeal are "offenses" that can be used to enhance subsequent driving under the influence and driving under suspension judgments.

State v. Overby 2007 ND 158
Docket No.: 20070054
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Findings of parole violations, revocation of parole and re-sentencing to an additional year of incarceration are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Gruett 2007 ND 157
Docket No.: 20070039
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for possession of methamphetamine with intent to deliver is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Moilwa 2007 ND 156
Docket No.: 20070058
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court criminal judgment for criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Knight 2007 ND 155
Docket No.: 20070047
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Johnson 2007 ND 154
Docket No.: 20060315
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal conviction for failure to register as a sex offender is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Tassler 2007 ND 153
Docket No.: 20070078
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Revocation of probation and sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4).