Opinions

Moore v. State 2006 ND 8
Docket No.: 20050263
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief and order quashing a subpoena is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4).

Interest of E.S., et al. (CONFIDENTIAL) 2006 ND 7
Docket No.: 20050246
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: Termination of parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Freeman (CONSOLIDATED W/20050318) 2006 ND 6
Docket No.: 20050097
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's rejection of an application of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).
Issues not briefed by an appellant are abandoned and will not be considered on appeal.

State v. Burgard 2006 ND 5
Docket No.: 20050113
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of unlawful possession of drug related paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Judicial Vacancy in Judgeship No. 1, South Central Judicial District 2006 ND 4
Docket No.: 20060004
Filing Date: 1/27/2006
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.

Disciplinary Board v. Buresh 2006 ND 3
Docket No.: 20060023
Filing Date: 1/25/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. McKechnie (consol. w/ 20050363) 2006 ND 2
Docket No.: 20050362
Filing Date: 1/9/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended.

Kobs v. Jacobson 2005 ND 222
Docket No.: 20050165
Filing Date: 12/27/2005
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A trial court errs as a matter of law when it does not clearly set forth how it determined the obligor's income and resulting support obligation.
Without ordering the parties to present more information and making specific findings of fact, a trial court cannot arbitrarily ignore the guidelines simply because it feels the obligor's tax returns do not adequately reflect his income.
Depreciation deductions may not be added back in when determining an obligor's net income under the guidelines.
An obligor who proved he earned more than six-tenths of the prevailing amount earned in the community by one with similar qualifications and similarly employed would still be presumed underemployed if he makes less than one-hundred and sixty-seven times the federal hourly minimum wage.

Petition to Change Resident Chambers from Stanley to Minot (cons w/20050361) 2005 ND 221
Docket No.: 20050304
Filing Date: 12/20/2005
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained; chambers relocated to Minot.

Interest of L.B.B. (CON. W/20050253 & 20050254) (CONFIDENTIAL) 2005 ND 220
Docket No.: 20050252
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Juvenile Law
Author: Maring, Mary

Highlight: Gross sexual imposition in a juvenile delinquency case is not proven beyond a reasonable doubt when the state alleges only that a "sexual relationship" occurred between the accused and victim and does not specify any "sexual act" as that term is defined by statute.