Opinions

Johnson v. Sprynczynatyk 2006 ND 137
Docket No.: 20050449
Filing Date: 6/29/2006
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Traveling at a slower than usual speed, with no further evidence of illegal activity, does not alone create a reasonable and articulable suspicion justifying a traffic stop.

Kenmare Education Assn. v. Kenmare Public School Dist. #28 2006 ND 136
Docket No.: 20050422
Filing Date: 6/29/2006
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Kapsner, Carol

Highlight: A school district must negotiate in good faith with the representative organization before last-offer contracts are made.
After the North Dakota Education Fact Finding Commission has issued a recommendation and the parties are still at an impasse, a School District may issue last-offer contracts limited to the current period of negotiations.

State v. Gresz 2006 ND 135
Docket No.: 20050401
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Other
Author: Kapsner, Carol

Highlight: In the absence of physical action upon another person, the failure to include a self-defense jury instruction on a charge of disorderly conduct is not obvious error.

State v. Blue 2006 ND 134
Docket No.: 20050187
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant.
Videotape recording of child's statement to forensic interviewer that included government involvement is a testimonial statement and if the child is available to testify, and the playing of the videotape without the opportunity to cross-examine the witness violates defendant's constitutional right to confront his accuser.
The "reliability and trustworthiness" factors are still to be used for non-testimonial statements. But when testimonial statements are at issue, the constitutional right to confrontation cannot be superseded by reliability and trustworthiness.

Ulsaker v. White 2006 ND 133
Docket No.: 20050207
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: All assets regardless of source, whether separately obtained or inherited property, are to be considered part of the marital estate.
A district court misapplies the law when it determines property individually held is not included in the marital estate.
A property division need not be equal, but a substantial disparity must be explained.
Questions of property division and spousal support ordinarily must be examined and dealt with together.

Interest of N.B. (CONFIDENTIAL) 2006 ND 132
Docket No.: 20060031
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: Juvenile court order declaring child delinquent is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Jelleberg 2006 ND 131
Docket No.: 20050446
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Interest of K.G. (Confidential) 2006 ND 130
Docket No.: 20060158
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Order for continuing mental health treatment summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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).