Opinions

Silbernagel, et al. v. Silbernagel, et al. 2006 ND 235
Docket No.: 20060201
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Summary judgment in a quiet title action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Morrell 2006 ND 234
Docket No.: 20060078
Filing Date: 11/28/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered upon a conditional guilty plea to the offense of carrying a loaded firearm in a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Otto v. State (Cross-Ref. w/20030368) 2006 ND 233
Docket No.: 20060093
Filing Date: 11/28/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wishek v. Kaseman 2006 ND 232
Docket No.: 20060192
Filing Date: 11/15/2006
Case Type: Appeal - Criminal - Violation of City Ordinance
Author: Per Curiam

Highlight: A judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Trinity Hospitals v. Mattson, et al. 2006 ND 231
Docket No.: 20060121
Filing Date: 11/14/2006
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: The Supreme Court's authority to issue a supervisory writ is a discretionary power exercised rarely, cautiously, and only in extraordinary cases to rectify errors and to prevent injustice when no adequate alternative remedy exists.
A contributing employer is immune from suit under the exclusive remedy provisions of workers' compensation law, and Workforce Safety and Insurance's determination that two affiliated corporations are encompassed under the same premium is a salient factor in determining a contributing employer.

Disciplinary Board v. Aakre 2006 ND 230
Docket No.: 20060260
Filing Date: 11/14/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Tverberg v. Workforce Safety & Insurance, et al. 2006 ND 229
Docket No.: 20060064
Filing Date: 11/13/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: The rehabilitation provisions of workers compensation law are intended to return injured workers to substantial gainful employment with a minium of retraining as soon as possible after a work injury, but those provisions do not require complete rehabilitation to preinjury earning capacity.
Section 65-05.1-01(6), N.D.C.C., applies if a vocational consultant determines that none of the priority options under N.D.C.C. 65-05.1-01(4) are viable and will not return the employee to the lesser of two-thirds of the average weekly wage or ninety percent of the employee's preinjury earnings.
Partial disability benefits are to be awarded based on a calculation for retained earnings capacity, and WSI may use a statewide job pool to calculate the employee's retained earnings capacity.

Disciplinary Board v. Bullis 2006 ND 228
Docket No.: 20060132
Filing Date: 11/13/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney suspended from practice of law for 90 days, ordered to complete six hours of non-self-study continuing legal education courses on conflicts of interest within the next two years in addition to the mandatory CLE requirements, and ordered to pay costs and expenses of proceedings.
When a lawyer has conflicting responsibilities as the lawyer for various clients, those loyalties owed to the client are impaired.
An attorney representing multiple clients cannot by subjective or secret analysis eliminate one as a current client and decide that he is only representing another current client on a particular transaction.
Business transactions between an attorney and client are fraught with pitfalls and traps, and an attorney, with his superior knowledge and education, engages in business transactions with a client at the attorney's peril and is held to the highest standards.

State v. Buchholz (Consol. w/20060061) (Cross-ref. w/20040118) 2006 ND 227
Docket No.: 20060044
Filing Date: 11/7/2007
Case Type: Appeal - Criminal - Other
Author: VandeWalle, Gerald

Highlight: A mistake of law defense generally is not an available defense for strict liability offenses.
A sentence may be illegal if it is contrary to statute, fails to comply with a promise of a plea bargain, or is inconsistent with the oral pronouncement of the sentence.

Unterseher v. Ziegler 2006 ND 226
Docket No.: 20060181
Filing Date: 11/7/2006
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).