Opinions

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).

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.