Opinions

State v. Goebel 2007 ND 4
Docket No.: 20060147
Filing Date: 1/11/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Prosecutions for the sexual abuse of child victims are subject to a particular statute of limitations and tolling provision contained in the North Dakota Century Code.
If the victim is under the age of fifteen at the time of the sexual abuse, the statute of limitations does not begin to run until the victim reaches the age of fifteen, which extends the initial seven-year limitation period until the victim reaches the age of twenty-two.
If the victim does not report the sexual abuse to law enforcement authorities within the seven-year period, but reports the offense sometime later, the limitation period runs for three years from the date the offense is reported.

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.