Opinions

Beckler v. Bismarck Public School Dist. 2006 ND 58
Docket No.: 20050195
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The party resisting summary judgment cannot merely rely on pleadings, briefs, unsupported and conclusory allegations, or speculation to defeat a summary judgment motion but must present enough evidence for a reasonable jury to find for the plaintiff.
To succeed in a negligence claim, the plaintiff must prove the defendant owed a duty to the plaintiff, the defendant failed to discharge that duty, and the plaintiff has suffered an injury that was proximately caused by the defendant's negligence.
A landowner owes a duty of care to lawful entrants to keep its property in a reasonably safe condition, considering all the circumstances, which include the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.
A proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.

Sack v. Sack 2006 ND 57
Docket No.: 20050167
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The disadvantaged-spouse requirement for spousal support is abolished.
Spousal support decisions are to be based on the Ruff-Fischer guidelines.
A court may award items of personal property to a party if the other party agrees to the award in court.

Matter of G.R.H. 2006 ND 56
Docket No.: 20040287
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Involuntary civil commitment of a sexually dangerous person is reviewed under modified clearly erroneous standard of review.
Under statute for committing sexually dangerous person, proof of nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves serious difficulty in controlling behavior and suffices to distinguish a dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in a criminal case.
The executive director of the Department of Human Services may decide the least restrictive available treatment for a sexually dangerous individual, and that procedure does not violate due process or double jeopardy.

Sisk v. Sisk 2006 ND 55
Docket No.: 20050232
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Visitation between a non-custodial parent and child is presumed to be in that child's best interests but may be curtailed or eliminated if likely to endanger a child's emotional or physical health.
A trial court must award reasonable attorney fees and costs to the non-custodial parent if there has been a willful and persistent denial of visitation.

Thompson v. Olson 2006 ND 54
Docket No.: 20050091
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Whether injuries rise to the level of serious bodily injuries for purposes of applying the domestic violence presumption against custody is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

State v. Smith 2006 ND 53
Docket No.: 20050181
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Convictions of attempted kidnapping, aggravated assault, and terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Feist 2006 ND 52
Docket No.: 20050423
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: A district court order denying the defendant's motion to withdraw his guilty plea is affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Krall v. State (Consol. w/20050212 & 20050213) (cross-ref. 20000004) 2006 ND 51
Docket No.: 20050211
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of applications for post-conviction relief and motions for default judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Arth v. Arth 2006 ND 50
Docket No.: 20050061
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Order for dismissal of lawsuit with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Hoverson 2006 ND 49
Docket No.: 20050237
Filing Date: 3/2/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: The level of outrageous conduct necessary to prove a due process violation and bar prosecution is quite high and must shock the conscience of the court.
A trial court may permit cross-examination of a witness regarding the underlying facts of a conviction involving dishonesty or deceit.
A trial court may permit cross-examination of a witness regarding specific instances of conduct not resulting in a conviction.
A sentencing court may make reasonable inferences based upon evidence in the record, and those inferences may be a factor in sentencing.