Opinions

Interest of K.H. (CONFIDENTIAL) 2006 ND 156
Docket No.: 20050305
Filing Date: 7/18/2006
Case Type: Appeal - Criminal - Juvenile Law
Author: Kapsner, Carol

Highlight: A juvenile's right to counsel can be waived even if the minor is of a young age, provided the juvenile is represented by the child's parent, guardian, or custodian.
Deference is given to a juvenile court's credibility determinations.

Spectrum Care v. Stevick, et al. 2006 ND 155
Docket No.: 20060018
Filing Date: 7/18/2006
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: A person is disqualified from receiving unemployment compensation benefits if the person is discharged for misconduct.
An employer has the burden to establish by a preponderance of the evidence that a terminated employee's actions constitute misconduct that disqualifies the employee from receiving unemployment compensation benefits.

Gietzen v. Gabel 2006 ND 153
Docket No.: 20050268
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When there is credible evidence of domestic violence, it is the predominate factor in a child custody decision.
Specific findings and conclusions are required when a district court addresses whether evidence of domestic violence triggers the presumption against awarding custody of a child to a perpetrator of domestic violence.
When reciprocal domestic violence is claimed, a district court must make specific findings on the degree of violent behavior by each parent.

State v. Torkelsen 2006 ND 152
Docket No.: 20050250
Filing Date: 7/18/2006
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: The mere presence at or near the scene of a crime, without more, does not give rise to a reasonable suspicion of criminal activity.

Wilson v. Ibarra 2006 ND 151
Docket No.: 20050357
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: To justify a termination of all visitation, physical or emotional harm resulting from the visitation must be demonstrated in detail.

State v. Entzi 2006 ND 150
Docket No.: 20060066
Filing Date: 7/18/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Denial of a motion to terminate probation is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Guardianship and Conservatorship of Johnson 2006 ND 149
Docket No.: 20060021
Filing Date: 7/5/2006
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: An order appointing co-guardians and co-conservators with unlimited authority to make decisions for the ward is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Korsmo 2006 ND 148
Docket No.: 20060054
Filing Date: 6/30/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Rekkedal v. Feist 2006 ND 147
Docket No.: 20050430
Filing Date: 6/30/2006
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Dismissal of a lawsuit for failure to timely file the complaint requires that the demand to file has been served under N.D.R.Civ.P. 4(d); N.D.R.Civ.P. 5 service of the demand is not sufficient.
A party will be sanctioned for including in its appendix material not in the district court record.

Disciplinary Board v. Aakre 2006 ND 146
Docket No.: 20050382
Filing Date: 6/29/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.