Opinions

State v. Rutherford 2006 ND 129
Docket No.: 20050374
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of burglary and assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of Fargo v. Curtis 2006 ND 128
Docket No.: 20060027
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of driving under the influence of alcohol and operating a motor vehicle without liability insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Ballensky v. Flattum-Riemers, et al. 2006 ND 127
Docket No.: 20050277
Filing Date: 6/5/2006
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: A defendant's demand to file a complaint is personal to the demanding defendant, and a plaintiff's failure to file the complaint after a demand does not void the service of the summons as to other defendants.
The amount of damages is a question of fact, and a victim need not establish economic damages before noneconomic damages can be awarded.
A physician is immune from liability for making a good faith report that the physician treated a person for an injury sustained in a motor vehicle accident if the physician has reasonable cause to suspect the injury was inflicted in violation of any criminal law, including driving under the influence of illegal drugs.

Interest of E.G., et al. (CONFIDENTIAL) (Consolidated w/20050448) 2006 ND 126
Docket No.: 20050447
Filing Date: 6/5/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: To terminate parental rights, the petitioner must prove three elements by clear and convincing evidence: (1) the child is a deprived child, (2) the conditions and causes of the deprivation are likely to continue or will not be remedied, and (3) that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
To prove deprivation is likely to continue or will not be remedied, the petitioner cannot rely on past deprivation alone, but must provide prognostic evidence, demonstrating the deprivation will continue.

State v. Manning 2006 ND 125
Docket No.: 20050327
Filing Date: 6/5/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: Relevant evidence is evidence having a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Tarnavsky v. Tarnavsky, et al. 2006 ND 124
Docket No.: 20050457
Filing Date: 6/5/2006
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A case is remanded to the district court with directions to vacate an order confirming a sheriff's sale when the appellee concedes on appeal that errors occurred in the sheriff's sale and consents to vacation of the order confirming the sale.

Porter v. Porter 2006 ND 123
Docket No.: 20050358
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out of state with a child.

Johnson v. State 2006 ND 122
Docket No.: 20060010
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: The affirmative defense of laches is proper in post-conviction proceedings.
For the affirmative defense of laches to prevail, the State must prove, by a preponderance of the evidence, that (1) the petitioner has unreasonably delayed in seeking relief, and that (2) the delay has prejudiced the State.

University Hotel Development v. Dusterhoft Oil, Inc., et al. 2006 ND 121
Docket No.: 20050386
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Before promissory estoppel may be invoked to enforce an agreement or to award damages, the terms of the promise must be clear, definite, and unambiguous.

Kostelecky v. Kostelecky 2006 ND 120
Docket No.: 20050231
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Property division and spousal support are interrelated and intertwined and often must be considered together. In making a spousal support determination, the district court must consider the relevant factors under the Ruff-Fischer guidelines.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing an opportunity for a disadvantaged spouse to seek education, training, or experience that will enable the spouse to become self-supporting.