Opinions

Matthews v. State 2005 ND 202
Docket No.: 20050068
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Conclusory allegations that counsel failed to call certain witnesses without indicating what the testimony would have been, how it might have affected the outcome of the trial, or what prejudice may have resulted from the failure to call them, do not support a claim of ineffective assistance of counsel.
Ineffective assistance of counsel claims require a defendant to show that counsel's representation was objectively unreasonable and that the defendant was prejudiced by counsel's deficient performance.
A defendant must offer evidence of how any additional witnesses would have aided the defense's claim.

Interest of P.B. (CONFIDENTIAL) 2005 ND 201
Docket No.: 20050351
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: An individual committed to a mental health facility does not enjoy the same level of freedom and rights as an uncommitted individual.
Once a decision of hospitalization is made, it is not the province of this Court to micro-manage the State Hospital.

Pfau v. Pfau 2005 ND 200
Docket No.: 20050077
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The district court denial of a motion for new trial and a motion for post-judgment relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Steen 2005 ND 199
Docket No.: 20050216
Filing Date: 11/29/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Order denying motion for a new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Croaker 2005 ND 198
Docket No.: 20050145
Filing Date: 11/29/2005
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Conviction of simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Johnson v. State (Cross-Ref. w/20050028 & 20050029) 2005 ND 197
Docket No.: 20050168
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Conviction of contact by bodily fluids is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Stevenson 2005 ND 196
Docket No.: 20050134
Filing Date: 11/29/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

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

Judicial Vacancy in Judgeship No. 3, Northeast Judicial District 2005 ND 195
Docket No.: 20050369
Filing Date: 11/17/2005
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bottineau.

Interest of J.F. (CONFIDENTIAL) 2005 ND 194
Docket No.: 20050046
Filing Date: 11/15/2005
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: Orders finding a child to be unruly and deprived are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Wild Rice River Estates v. City of Fargo 2005 ND 193
Docket No.: 20050074
Filing Date: 11/14/2005
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Whether there has been a taking of private property for public use is a question of law which is fully reviewable on appeal, but a trial court's findings of fact on a takings claim will not be set aside unless they are clearly erroneous.
A temporary deprivation of all economically viable use of property does not necessarily constitute a taking of property requiring compensation.
An extraordinary delay in governmental decisionmaking coupled with bad faith on the part of the governmental body may result in a compensable taking of property.