Opinions

Wagner v. Wagner 2007 ND 33
Docket No.: 20060124
Filing Date: 3/2/2007
Case Type: Appeal - Civil - Divorce
Author: Crothers, Daniel John

Highlight: A spousal support determination will not be reversed on appeal unless it is clearly erroneous.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing the spouse with the opportunity to acquire an education, training, work skills, or experience to become self-supporting.

Whitecalfe v. ND Dept. of Transportation (CONSOLIDATED W/20060269) 2007 ND 32
Docket No.: 20060202
Filing Date: 2/28/2007
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The Department of Transportation must meet the basic and mandatory provisions of the statute to have authority to revoke driving privileges.
When a licensee is arrested for driving under the influence and receives an initial notice of revocation of driving privileges, the licensee is not denied due process simply because the initial notice does not include a statement of the arresting officer's probable cause.

State v. Duchene 2007 ND 31
Docket No.: 20060164
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Issues not briefed by an appellant are abandoned, and become the law of the case and will not be considered on appeal.

State v. Austin (CONSOLIDATED W/ 20060194) 2007 ND 30
Docket No.: 20060022
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: Expert testimony is admissible when specialized knowledge will assist the trier of fact in understanding the evidence or determining a fact in issue. Whether expert testimony is useful falls within the district court's discretion, and the decision whether to allow the testimony will not be reversed on appeal unless the district court has abused its discretion.
A defendant claiming ineffective assistance of counsel must prove that the counsel's representation fell below an objective standard of reasonableness and that the defendant was prejudiced by counsel's deficient performance.

Holden v. Holden 2007 ND 29
Docket No.: 20060212
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: North Dakota law does not mandate a set formula or method to determine how marital property is to be divided after a divorce; rather, the property division is based on the particular circumstances of each case.
Property need not be liquidated for a distribution to be equitable.

McCrothers Corp., et al. v. City of Mandan 2007 ND 28
Docket No.: 20060127
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Constitutional Law
Author: VandeWalle, Gerald

Highlight: Nude or semi-nude dancing is expressive conduct protected by the First Amendment.
Content-neutral time, place, and manner regulations are not subject to strict scrutiny.
A state has power to prohibit the sale of alcoholic beverages in inappropriate locations through its inherent police powers.
The First Amendment does not entitle an alcoholic beverage establishment, its dancers, or its patrons to have alcohol available during a presentation of nude or semi-nude dancing.
A city's interest in curbing the secondary effects associated with adult entertainment establishments is substantial.
Overly broad statutes are those that restrict constitutionally protected expression as well as expression that is unprotected, and an overbreadth challenge may be brought even though the challenger's rights may not have been violated under the circumstances.
Whether there has been a taking of private property for public use is a question of law which is fully reviewable on appeal.

Stockman Bank of Montana v. AGSCO, Inc., et al. 2007 ND 27
Docket No.: 20060119
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: An agricultural supplier's lien is a statutory lien and cannot be obtained or enforced unless there is substantial compliance with the statute.
The producer's actual knowledge is substantial compliance with requirement for notice to the producer before filing the lien.

Stockman Bank of Montana v. AGSCO, Inc., et al. (Cross Ref w/20070357) 2007 ND 26
Docket No.: 20060174
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A principal and its duly authorized agent may file an agricultural supplier's lien for agricultural supplies furnished to an agricultural producer.
An agricultural supplier's lien filed as a security interest created by contract to secure money advanced or loaned for any purposes is not effective to secure a priority over crop liens.
An agricultural supplier's lien cannot be obtained or enforced unless there has been substantial compliance with the statutory requirements for the lien.
An agricultural supplier may be entitled to a lien on crops if the agricultural supplier furnishes supplies to the producer within 120 days before the lien was filed and if the supplies were applied to crops in North Dakota.

State v. Streeper 2007 ND 25
Docket No.: 20060162
Filing Date: 2/28/2007
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: When a person puts another in danger, such as by unlawfully injecting her with drugs, and then does nothing to aid her in the resulting medical crisis, the failure to take appropriate action may be considered as a continuation of criminal conduct.
The use and admission of photographs in criminal trials is largely within the discretion of the district court.
A statement of a criminal defendant is admissible even though the defendant intended it to be exculpatory when made.
In controlling the scope of closing argument, the district court is vested with discretion, and absent a clear showing of an abuse of discretion, the conviction will not be reversed on grounds the prosecutor exceeded the scope of permissible closing argument.

Rothberg v. Rothberg (Cross-Ref w/20050198) 2007 ND 24
Docket No.: 20060191
Filing Date: 2/28/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: A change in an obligor's financial circumstances that does not affect the obligor's ability to pay is not a "material" change in circumstances warranting a reduction in spousal support.