Opinions

State v. Garten 2006 ND 38
Docket No.: 20050208
Filing Date: 2/23/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Denials of a motion to suppress, motion to sever the counts against the defendant, and a motion for new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Klein 2006 ND 37
Docket No.: 20050293
Filing Date: 2/23/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving while under the influence of alcohol summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

Maynard v. McNett 2006 ND 36
Docket No.: 20050090
Filing Date: 2/8/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: When divorced parents share custody, the designation of a single custodian is not required, each parent can be declared a custodian, and both parents have all the legal rights designated to a custodial parent.
A parent with joint legal and physical custody may not be granted permission to move with the divorced parents' child, unless the district court first determines the best interests of the child require a change in primary custody to that parent.
A parent with joint physical and legal custody who wishes to relocate with the child must make two motions before the parent may be given permission to relocate: one for a change of custody and one to relocate with the child.
When a parent with joint legal and physical custody moves for change of custody and permission to relocate, the statutory best-interests-of-the-child factors must be applied rather than the Stout-Hawkinson factors, because the Stout-Hawkinson factors were designed to address the best interests of the child when a primary custodian has already been designated.

Preference Personnel, Inc. v. Peterson 2006 ND 35
Docket No.: 20050255
Filing Date: 2/8/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The Department of Labor may not issue retroactive licenses for employment agencies.
If public policy considerations require employment agencies to undergo extensive licensing requirements before being allowed to legally conduct business in this State, it follows that it is against the public policy of this State to enforce a contract between an individual and an unlicensed employment agency.

Stein v. Workforce Safety and Ins., et al. 2006 ND 34
Docket No.: 20050196
Filing Date: 2/6/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: A court cannot ignore the clear language of a statute under the guise of liberal construction.
A recalculation of average weekly wage under N.D.C.C. § 65-05-09(1) is authorized only if the employee is able to return to employment for twelve consecutive months or more before the recurrence of the disability that is the subject of the recalculation.

MBNA v. Hart 2006 ND 33
Docket No.: 20050179
Filing Date: 2/3/2006
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: A court must confirm an arbitration award upon application of any party to the award unless a party has filed a motion with the court to vacate, modify, or correct the award within 90 days after delivery of a copy of the award, or within 90 days after grounds are known or should have been known to the injured party if the motion to vacate is based on corruption, fraud, or other undue means.

Davis v. Killu, et al. 2006 ND 32
Docket No.: 20040301
Filing Date: 2/2/2006
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: An expert's testimony may not be used merely as a conduit to place otherwise inadmissible evidence before a jury.
Parties are required to create a record that will permit informed appellate review.
Nonprejudical mistakes by the trial court constitute harmless error and are not grounds for reversal.
A failure to object acts as a waiver of the claim of error.

Bertsch v. Bertsch 2006 ND 31
Docket No.: 20050183
Filing Date: 2/2/2006
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: In deciding whether to award attorney fees under N.D.C.C. § 14-05-23, the trial court must balance one party's needs against the other party's ability to pay.
In awarding attorney fees, fault is only relevant to the extent one party has unreasonably escalated the fees.

Interest of D.D., et al. (CONFIDENTIAL)(Consolidated w/ 20050177) 2006 ND 30
Docket No.: 20050176
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Juvenile Law
Author: Maring, Mary

Highlight: Findings of fact in juvenile proceedings will not be set aside on appeal unless clearly erroneous.
Although incarceration, by itself, does not establish abandonment of a child for purposes of terminating parental rights, a probability of harm to the child may be established by prognostic evidence that a parent's current inability to care for the child will continue long enough to render improbable the successful assimilation of the child into a family if the parent's rights are not terminated.

Simon v. Simon (Consolidated w/20050356) 2006 ND 29
Docket No.: 20050279
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The offset provisions of the split custody and equal custody regulations of the child support guidelines continue to apply to the parents' child support obligations when one parent assigns the right to receive child support to the State as reimbursement for TANF benefits received.