Opinions

Lucier v. Lucier 2007 ND 3
Docket No.: 20060060
Filing Date: 1/11/2007
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A spousal support obligation may be modified if the district court finds there is a material change in circumstances after examining the reasons for the changes in income and the extent to which the changes were contemplated.
A contemplated change in circumstances is not a change that justifies modifying spousal support.
When modifying a spousal support award, the district court must adequately explain its rationale in determining the new support amount.

State v. Zahn (CONSOLIDATED W/20060046 & 20060047) 2007 ND 2
Docket No.: 20060045
Filing Date: 1/11/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A party charged with violating a protection order cannot challenge the validity of the protection order without first presenting the argument to the court issuing the order.
A court order must be obeyed until stayed, modified, or reversed by orderly review.
To convict a defendant of violating a protection order, the State need only prove it served a protection order on the defendant and the defendant's conduct violated the order.

Interest of J.H. (CONFIDENTIAL) 2007 ND 1
Docket No.: 20060373
Filing Date: 1/11/2007
Case Type: Appeal - Civil - Mental Health
Author:

Highlight: Mental health orders summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of R.F. (CONFIDENTIAL) 2006 ND 258
Docket No.: 20060362
Filing Date: 12/20/2006
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Mental health appeal summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Lawrence v. Delkamp 2006 ND 257
Docket No.: 20060136
Filing Date: 12/18/2006
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A person may waive the rights and privileges to which that person is legally entitled, whether secured by contract, conferred by statute, or guaranteed by the constitution.
Waiver occurs when a person voluntarily and intentionally relinquishes a known right or privilege.

State v. Wardner 2006 ND 256
Docket No.: 20060014
Filing Date: 12/18/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: A presentence investigation must be conducted before sentencing for gross sexual imposition, but an additional presentence investigation is not required for imposition of a previously suspended sentence after revocation of probation.
Conditions of probation are interpreted as mandatory.

Griggs v. Fisher, et al. 2006 ND 255
Docket No.: 20060180
Filing Date: 12/13/2006
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Before addressing the issue of sufficiency of the evidence to support a jury verdict, a losing party must move for judgment as a matter of law under N.D.R.Civ.P. 50 or for a new trial under N.D.R.Civ.P. 59.

Aga v. Workforce Safety and Insurance, et al. 2006 ND 254
Docket No.: 20060185
Filing Date: 12/13/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Claimants reapplying for disability benefits have the burden of showing a significant change in their compensable medical condition and an actual wage loss caused by the significant change in their condition.

Interest of R.S. (Confidential) 2006 ND 253
Docket No.: 20060318
Filing Date: 12/13/2006
Case Type: Appeal - Civil - Mental Health
Author: Crothers, Daniel John

Highlight: For mental health commitment, the law allows a court to act on warnings and does not require actual violence or expressed threats.
A mentally ill person, convinced that snipers are out to get him, who, armed with a gun, walks directly into a police station without stopping at the front reception desk may pose a serious risk of harm to others.

Interest of C.L. (Confidential) 2006 ND 252
Docket No.: 20060339
Filing Date: 12/13/2006
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Mental health continuing treatment order summarily affirmed under N.D.R.App.P. 35.1(a)(2).