Opinions

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.

Estate of Stave 2007 ND 53
Docket No.: 20060189
Filing Date: 4/10/2007
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: In a proceeding to contest a will, four elements must be proven to establish undue influence: 1) a testator subject to undue influence; 2) the existence of the opportunity to exercise undue influence; 3) a disposition to exercise undue influence; and 4) a result that appears to be the effect of undue influence.
For the issue of undue influence to be submitted to a jury, the evidence must be sufficient with regard to each essential element of the claim and the evidence must also create more than just a mere suspicion of undue activity.

State v. Westmiller 2007 ND 52
Docket No.: 20060246
Filing Date: 4/10/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Although reasonable suspicion is the minimum quantum of evidence required for an investigatory traffic stop, a stop may be upheld on the basis of probable cause if that evidentiary standard has been satisfied.
Traffic violations, even if considered common or minor, constitute prohibited conduct and therefore provide officers with the basis for an investigatory stops.

Odden v. Rath 2007 ND 51
Docket No.: 20060170
Filing Date: 4/10/2007
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: To obtain an extension of a protection order, the petitioner need not make a second showing of actual or imminent domestic violence. However, the petitioner must meet the threshold burden of showing actual or imminent domestic violence at some point prior to obtaining the extension.
Although the district court should not extend a protection order based solely on the history between the parties, it remains a relevant factor to consider when determining whether an extension is warranted.
A petitioner's fear alone, with no other supporting facts, is not enough to justify the extension of a protection order.

Matter of Anderson 2007 ND 50
Docket No.: 20060088
Filing Date: 4/10/2007
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: The district court may extend for good cause the 60-day period within which a commitment hearing must be held.
For the civil commitment proceedings under N.D.C.C. ch. 25-03.3, the legislature specifically excluded the right to a jury trial.
Involuntary civil commitment of a sexually dangerous person is reviewed under a modified clearly erroneous standard of review.
Sexually predatory conduct includes the act of compelling another to submit to sexual contact by force. It also includes sexual contact with a minor when the actor is an adult.
A person need not be diagnosed with a sexual disorder. The actor need only have a congenital or acquired condition that is manifested by a personality disorder or other mental disorder or dysfunction.
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.

Lorenz v. Lorenz 2007 ND 49
Docket No.: 20060068
Filing Date: 4/10/2007
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: In determining the value of the parties' marital estate, a district court must include all the parties' assets and debts in the marital estate.
A substantial disparity in the property distribution must be explained.
A district court's findings of fact must be sufficient to allow a reviewing court to understand the basis for the district court's decision.
The decision whether to award spousal support is a finding of fact and will not be reversed on appeal unless it is clearly erroneous.

City of West Fargo v. Olson 2007 ND 48
Docket No.: 20060325
Filing Date: 4/10/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A conviction for driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(1).