Opinions

State v. Sevigny 2006 ND 211
Docket No.: 20050315
Filing Date: 10/17/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Evidence of an alibi defense may be excluded if a defendant fails to give sufficient notice of his intent to present evidence of an alibi.
A defendant has a right to give testimony about an alibi, even if the defendant fails to give notice of the defense and all alibi evidence is excluded.
A district court must make sufficient findings of fact when admitting or excluding testimony about a child's out-of-court statements about sexual abuse.
A district court has wide discretion over the mode and order of interrogating witnesses and presenting evidence.
Intentional disobedience of a court order constitutes contempt.

Interest of T.A., et al. (CONFIDENTIAL) 2006 ND 210
Docket No.: 20060063
Filing Date: 10/17/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: To terminate parental rights, the petitioner must prove three elements by clear and convincing evidence: (1) the child is a deprived child, (2) the conditions and causes of the deprivation are likely to continue or will not be remedied, and (3) that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
To prove deprivation is likely to continue or will not be remedied, the petitioner cannot rely on past deprivation alone, but must provide prognostic evidence, demonstrating the deprivation will continue.

State v. Odom 2006 ND 209
Docket No.: 20060106
Filing Date: 10/17/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Warrantless searches are unreasonable unless they fall within a recognized exception to the warrant requirement. Consent is an exception to the warrant requirement. The scope of an individual's consent is determined by considering what an objectively reasonable person would have understood the consent to include. The scope of a search is generally defined by its expressed object.
When general consent is given to search a room, no limitations are placed on the consent, the consent is not withdrawn, and the expressed object of the search is known, a police officer can reasonably search locked or closed containers within the room without a warrant.

Forbes v. Workforce Safety & Ins., et al. 2006 ND 208
Docket No.: 20050431
Filing Date: 10/17/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: In an administrative appeal, the Court determines only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record.
To trigger the civil penalties for making a false statement in connection with a claim for WSI benefits, WSI must prove: (1) there is a false claim or statement; (2) the false claim or statement is willfully made; and (3) the false claim or statement is made in connection with any claim or application for benefits.
Based upon the civil penalty sought, there are two tests to determine the "materiality of a false statement." If WSI seeks reimbursement for benefits paid, the level of materiality required is proof by WSI that the false claim or false statement caused the benefits to be paid in error. If WSI seeks only forfeiture of future benefits, however, no such causal connection is required.

City of Bismarck v. Perusquia 2006 ND 207
Docket No.: 20060048
Filing Date: 10/17/2006
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)(3).

Jangula v. Jangula (Cross-Ref. w/20050070) 2006 ND 206
Docket No.: 20060168
Filing Date: 10/17/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court's property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

City of Jamestown v. Rethemeier (Consolidated w/20060100) 2006 ND 205
Docket No.: 20060099
Filing Date: 10/17/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Denial of motion to suppress and judgment of conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Lee v. Buehner, et al. 2006 ND 204
Docket No.: 20060052
Filing Date: 10/17/2006
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: A judgment awarding damages in a personal injury action is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Ernst v. State 2006 ND 203
Docket No.: 20060108
Filing Date: 10/17/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6), and (7).

Thurn v. Workforce Safety and Insurance, et al. 2006 ND 202
Docket No.: 20060092
Filing Date: 10/17/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: An order of Workforce Safety and Insurance denying workers compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).