Opinions

State v. DeGroot 2006 ND 201
Docket No.: 20050408
Filing Date: 10/17/2006
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Conviction of theft of property summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Jackson (cross-ref. w/940199) 2006 ND 200
Docket No.: 20060034
Filing Date: 10/17/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction of driving under suspension summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Interest of K.S., et al. (Consolidated w/20050398) CONFIDENTIAL 2006 ND 199
Docket No.: 20050397
Filing Date: 10/17/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sandberg v. American Family Ins. 2006 ND 198
Docket No.: 20050396
Filing Date: 9/14/2006
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: The requirements of a statute may become part of an insurance policy.
An insured's unauthorized settlement with Workforce Safety and Insurance does not adversely affect an insurer, because the settlement does not affect the insurer's right to a reduction in damages payable to the insured for uninsured motorist coverage by the amount paid or payable for workers' compensation benefits.
An amount is payable for workers' compensation benefits if it would have been paid to the workers' compensation claimant.

Stenvold v. Workforce Safety & Insurance, et al. 2006 ND 197
Docket No.: 20050344
Filing Date: 9/14/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: An administrative agency generally may not consider evidence which has not been offered, admitted, and made a part of the official record of the administrative proceeding.
The district court's appellate review of an administrative agency decision is limited to the agency record filed with the court.

State v. Graf (Consolidated w/20050411-20050417) 2006 ND 196
Docket No.: 20050410
Filing Date: 9/13/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Warrantless searches inside an individual's home are presumptively unreasonable, but searches inside an individual's home are not unreasonable if the search falls under one of the well-delineated exceptions to the warrant requirement.
Consent to search is an exception to the warrant requirement.
Consent to search purges the taint of prior unlawful police activity if the consent was voluntary under the totality of the circumstances and if the taint of the prior unlawful activity is purged, considering the temporal proximity between the illegal search and the consent, the presence of intervening circumstances, and the purpose and flagrancy of the official misconduct.
Consultation with an attorney may purge the taint of prior unlawful police activity.

Industrial Commission v. Noack 2006 ND 195
Docket No.: 20060067
Filing Date: 9/13/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: An appellant has the duty to provide a transcript sufficient to allow a meaningful and intelligent review of the alleged errors.
To justify rescission of a contract, a mutual mistake must relate to the subject matter and essential elements of the contract, and not merely be collateral to it.
A party seeking to rescind a contract must offer to restore to the other party everything of value which the rescinding party received from the other party under the contract.

Ellis v. Disciplinary Board 2006 ND 194
Docket No.: 20060081
Filing Date: 9/13/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Disciplinary proceedings against lawyers, including reinstatement proceedings, are reviewed de novo on the record.
After a lengthy suspension, a lawyer may be required to retake and pass the bar examination as a condition of reinstatement.

State v. Iverson 2006 ND 193
Docket No.: 20060097
Filing Date: 9/13/2006
Case Type: Appeal - Criminal - Homicide
Author: Kapsner, Carol

Highlight: A statute authorizing credit for time served in custody cannot be retroactively applied after a person has been finally convicted.

State v. Schmidkunz 2006 ND 192
Docket No.: 20050141
Filing Date: 9/13/2006
Case Type: Appeal - Criminal - Homicide
Author: Kapsner, Carol

Highlight: In controlling the scope of closing argument, the district court is vested with discretion, and absent a clear showing of an abuse of discretion, we will not reverse on grounds the prosecutor exceeded the scope of permissible closing argument. Unless the error is fundamental, a defendant must demonstrate a prosecutor's comments during closing argument were improper and prejudicial.
Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
The district court has broad discretion over the conduct of a trial, including scheduling the time for jury deliberations. The court must exercise its discretion in a manner that best comports with substantial justice.