Opinions

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.

Leet, et al. v. City of Minot 2006 ND 191
Docket No.: 20060011
Filing Date: 9/13/2006
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: For recreational use immunity statutes to apply, a person's presence on the landowner's property open for public recreation must be for "recreational purposes," which includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.
A vendor's employee who was present at the City's auditorium for purposes of his employment is not engaged in any activity for the purpose of exercise, relaxation, pleasure, or education.

Strand, et al. v. Cass County, et al. 2006 ND 190
Docket No.: 20050380
Filing Date: 8/28/2006
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Jury instructions are reviewed to determine whether, as a whole, they fairly and adequately advised the jury of the applicable law.
A local government body may only be held liable for constitutional violations which result from a policy or custom of the government body.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.

Tibert, et al. v. City of Minto 2006 ND 189
Docket No.: 20050393
Filing Date: 8/28/2006
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A decision of a local governing body will be affirmed on appeal unless the local governing body acted arbitrarily, capriciously, or unreasonably, or there is not substantial evidence to support the decision.