Opinions

State v. Grager (Consolidated w/20050281-20050292) 2006 ND 102
Docket No.: 20050280
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: A prosecutor does not have the right to appeal an order dismissing a case when the proseuctor requested the dismissal.
The prosecution may not appeal an order suppressing evidence after the case has been dismissed at its request.

Lausen v. Hertz 2006 ND 101
Docket No.: 20050371
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A court may, without an evidentiary hearing, deny a motion seeking modification of custody, unless the court finds the moving party has established a prima facie case justifying modification.
An unappealed judgment authorizing the custodial parent to remove the child from the state is res judicata.

State v. Haibeck (Cross-Ref. w/20040060) 2006 ND 100
Docket No.: 20050367
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.
An argument that is not adequately articulated, supported, and briefed will not be considered on appeal.
A motion for acquittal may not be granted before the prosecution has the opportunity to present its evidence.

Ziesch v. Workforce Safety & Insurance, et al. 2006 ND 99
Docket No.: 20050256
Filing Date: 5/11/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Workforce Safety and Insurance's practice of awarding lump sum disability benefits for a closed, limited time and simultaneously issuing a retroactive notice of intention to discontinue benefits does not violate due process if the claimant was not receiving ongoing disability benefits at the time of WSI's decision.
The purpose of administrative res judicata is to preserve resources and avoid wasteful expense and delay.

State v. Pace 2006 ND 98
Docket No.: 20050342
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A driving-under-the-influence arrestee being asked to submit to a chemical test is, upon request, entitled to a reasonable opportunity to contact a lawyer before deciding whether to take the test.
The reasonableness of the opportunity to consult with a lawyer before taking a chemical test for DUI is evaluated under the totality of the circumstances.
A law enforcement officer need not offer other suggestions to a DUI arrestee who is unable to reach his lawyer and makes no further requests.

Knutson, et al. v. City of Fargo 2006 ND 97
Docket No.: 20050355
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Under the North Dakota Constitution, inverse condemnation requires a public entity's taking or damaging an owner's property by some deliberate act, whether done intentionally, negligently, or innocently.
For intentional trespass, the plaintiff must establish the defendant intentionally entered the land of another, or caused a thing or third person to do so, without the consent of the landowner.
Public entities are not liable in negligence for discretionary functions or duties.
To decide whether a governmental act is protected by discretionary immunity, the court must examine whether the action is a matter of choice for the acting employee and whether that judgment or choice is of the kind that discretionary immunity was designed to shield.

Interest of J.M. (CONFIDENTIAL) 2006 ND 96
Docket No.: 20050383
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: In a proceeding for commitment as a sexually dangerous person, the evidence must clearly show a respondent's disorder is likely to manifest itself in a serious difficulty in controlling sexually predatory behavior.
A commitment hearing must be held within sixty days of the finding of probable cause, but the district court may grant an extension if good cause is shown.
A trial court's failure to make a finding of good cause to extend the time for holding a commitment hearing within sixty days of the finding of probable cause does not require a subsequent order for commitment be vacated.
Scheduling constraints alone do not automatically establish "good cause" for extending time before the hearing.

State v. Wheeler (Cons. w/20050258 & 20050259) 2006 ND 95
Docket No.: 20050257
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Convictions of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the delinquency of a minor are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).
A judgment should accurately reflect the proceedings and under N.D.R.Crim.P. 36, a court may correct a clerical error in a judgment due to oversight.

State v. Ruud 2006 ND 94
Docket No.: 20050314
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Theft
Author:

Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Clifford v. Redmann 2006 ND 93
Docket No.: 20050419
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying petition for writ of habeas corpus is dismissed as an unappealable order.
Dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Kaiser v. State (Cross-reference w/20040135) 2006 ND 92
Docket No.: 20050319
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

City of Minot v. Hellebust 2006 ND 91
Docket No.: 20050372
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment after conviction by a jury of driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

City of Lisbon v. Dahl 2006 ND 90
Docket No.: 20050388
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for driving under the influence of liquor or drugs is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Judicial Vacancy in Judgeship No. 4, Southwest Judicial District 2006 ND 89
Docket No.: 20060098
Filing Date: 5/4/2006
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Judicial Vacancy in Judgeship No. 5, Southeast Judicial District 2006 ND 88
Docket No.: 20060035
Filing Date: 4/26/2006
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Southeast District judgeship retained at Ellendale.

Choice Financial Group v. Schellpfeffer, et al. (Cross-Ref w/20040204) 2006 ND 87
Docket No.: 20050273
Filing Date: 4/25/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Summary judgment is appropriate only after the non-moving party has had a reasonable opportunity for discovery to develop his position.
Failure to comply with the affidavit requirement of Rule 56(f), N.D.R.Civ.P., is not fatal to a request for additional discovery before a summary judgment motion is decided.
The party seeking additional discovery must identify with specificity what information is sought; how, if uncovered, it would preclude summary judgment; and why it has not previously been obtained.

Steen and Berg Co. v. Berg 2006 ND 86
Docket No.: 20050155
Filing Date: 4/25/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A primary objective of a nonclaim statute is the expeditious and orderly processing of decedents' estates, and if claims against a decedent's estate are not timely filed, the claims are barred as a matter of law.
Casting a claim in terms of title to property is insufficient to avoid the time limitations of the nonclaim statute if the gist of the claim sounds in tort or in contract.

Disciplinary Board v. Mertz 2006 ND 85
Docket No.: 20050360
Filing Date: 4/24/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney may attempt to compromise an infraction by proposing payment for the individual's injuries and agreeing not to file a potential suit against the individual in exchange for the individual dismissing the complaint.
When representing a client, an attorney may not use means that have no substantial purpose other than to embarrass or burden a third party.

State ex rel. Stenehjem v. FreeEats.com, Inc. 2006 ND 84
Docket No.: 20050171
Filing Date: 4/21/2006
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Preemption of state law is not favored, and the framework for analyzing a preemption claim under the Supremacy Clause begins with the basic assumption that Congress did not intend to displace state law.
A state's police power encompasses the duty to protect the privacy of its citizens, including the authority to protect the peaceful enjoyment of the home and the well-being and tranquility of the community.
The statutory language of the Telephone Consumer Protection Act of 1991 clearly expresses Congress' intent that the Act was not meant to occupy the field within its subject matter.
The Telephone Consumer Protection Act does not preempt a state law which prohibits telemarketing calls using automatic telephone dialing systems or artificial or prerecorded voice messages.

Sanderson, et al. v. Walsh Co., et al. 2006 ND 83
Docket No.: 20050303
Filing Date: 4/21/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A dismissal without prejudice is not appealable except where the dismissal has the practical effect of terminating the litigation in the plaintiff's forum, e.g., a statute of limitations has run or where litigation is foreclosed in the state court.
Mailing, even by certified mail with return receipt and restricted delivery, does not constitute "delivering" for purposes of service of process on a county or the State under N.D.R.Civ.P. 4(d)(2)(E) and 4(d)(2)(F).

Interest of P.F. (CONFIDENTIAL) 2006 ND 82
Docket No.: 20050302
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A preliminary hearing must be held within seventy-two hours of the filing of a petition for commitment of a sexually dangerous individual. The purpose of the hearing is to determine whether there is probable cause to believe that individual is sexually dangerous.
Expert testimony is not required at the preliminary hearing.
A commitment hearing must be held within sixty days of the finding of probable cause, but the district court may grant an extension if good cause is shown.
Scheduling constraints alone do not automatically establish "good cause" for extending time before the hearing.
In determining whether a person is "sexually dangerous," the State's experts may rely on all sexual predatory conduct, not just that conduct that resulted in a successful conviction on a sexual offense.

Marchus v. Marchus 2006 ND 81
Docket No.: 20050329
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A modification of child support should be made effective from the date of the motion to modify, absent good reason to set some other date. The district court may set a later effective date, but its reasons for doing so should be apparent or explained.

Murphy v. State (cross-ref. w/20050428) 2006 ND 80
Docket No.: 20050456
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of Spicer 2006 ND 79
Docket No.: 20050366
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When a district court fails to specifically state its findings, its decision will not be upset when valid reasons for the decision are discernable, either by deduction or inference.
A district court's finding that a non-custodial parent consented to the custodial parent relocating out of state with the parties' child is subject to the clearly erroneous standard of review.
A district court's decision on modification of visitation is a finding of fact that will not be reversed unless clearly erroneous.

Larson v. Schuetzle 2006 ND 78
Docket No.: 20050418
Filing Date: 4/19/2006
Case Type: Original Proceeding - Civil - Writ of Certiorari
Author: VandeWalle, Gerald

Highlight: The State Penitentiary warden has authority and control over the penitentiary and its inmates.
Simply because prison inmates retain certain constitutional rights does not mean those rights are not subject to restrictions and limitations.
Maintaining institutional security, safety, and internal order may require limitation or retraction of the retained constitutional rights of convicted prisoners and pretrial detainees.
Prison administrators are entitled to deference in the adoption and execution of policies intended to preserve the security, safety, internal order, and discipline of the prison.
When a prison regulation impinges on inmates' constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.

State v. Genre (Cons. w/20050239,20050247& 20050248) 2006 ND 77
Docket No.: 20050238
Filing Date: 4/19/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Voluntary consent to search is an exception to the warrant requirement.
An officer is generally not required to administer the Miranda warning during a traffic stop because the person is not in custody.
Statements made to law enforcement in an effort to cooperate with the hope of receiving some benefit are not statements made during a plea discussion and are admissible.

Flanagan v. State (Cross-Ref. w/20030247) 2006 ND 76
Docket No.: 20050226
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: An application for post-conviction relief may be denied as res judicata if the claim is a variation of a claim that was fully and finally determined in a previous proceeding.
A defendant claiming ineffective assistance of counsel must establish counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance.
To establish prejudice, a defendant must establish a reasonable probability that but for counsel's errors the result of the criminal proceeding would have been different, and a reasonable probability is a probability sufficient to undermine confidence in the outcome of the criminal proceeding.

Gustafson v. ND Department of Human Services 2006 ND 75
Docket No.: 20050390
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Under the 2003 version of the statute, for Medicaid eligibility, the purchase of an annuity is considered an uncompensated assignment or transfer of assets if it is not expected to return the full principal and interest within the purchaser's life expectancy.
Once a Medicaid applicant supplies a physician's estimate of reasonable life expectancy, the burden shifts to the Department of Human Services to accept or determine a reasonable life expectancy.

State v. Davenport (cross-ref. w/2000148) 2006 ND 74
Docket No.: 20050274
Filing Date: 4/19/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: An order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Edin v. Disciplinary Board 2006 ND 73
Docket No.: 20060102
Filing Date: 4/13/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Hopfauf, et al. v. Hieb, et al. 2006 ND 72
Docket No.: 20050203
Filing Date: 4/6/2006
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: Summary judgment is properly granted if the information available to the trial court precluded the existence of a genuine issue of material fact, entitling the moving party to summary judgment as a matter of law.
A district court's denial of a request for additional time for discovery under N.D.R.Civ.P. 56(f) is not overturned on appeal absent an abuse of discretion.
An element of negligent failure to obtain informed consent, as in any negligence action, is the existence and extent of a duty. A duty to disclose can only arise if the physician knew or should have known of the risks to be disclosed.

Bernabucci, et al. v. Huber, et al. 2006 ND 71
Docket No.: 20050275
Filing Date: 4/3/2006
Case Type: Appeal - Civil - Corporations
Author: VandeWalle, Gerald

Highlight: If extrinsic evidence is conclusive and undisputed, the determination of the meaning of a contract is a function for the court to resolve as a matter of law.
A court does not abuse its discretion when it denies a requested amendment to a complaint which would be futile.

Thompson v. Workforce Safety and Insurance, et al. 2006 ND 69
Docket No.: 20050392
Filing Date: 3/31/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: When reviewing the decision of an administrative agency, courts do not make independent findings of fact or substitute their judgment for that of the agency, but determine whether a reasoning mind could reasonably have determined that the factual conclusions reached were supported by the weight of the record.
If the decision of the administrative agency was consistent with the opinion of the sole testifying physician, the agency's decision was supported by the weight of the record.

Victor v. Workforce Safety & Insurance, et al. (Consolidated w/20050400) 2006 ND 68
Docket No.: 20050384
Filing Date: 3/29/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Workforce Safety and Insurance has discretion in determining what rehabilitative services are reasonably necessary and a reasoning mind reasonably could have decided that a $10,000 animal hoist was not a reasonably necessary rehabilitative service for a worker employed at a dog grooming business.

Manning v. Manning 2006 ND 67
Docket No.: 20050065
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Nesvig v. Nesvig (cross-ref. w/20030041) 2006 ND 66
Docket No.: 20050125
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: In deciding whether to compel testimony of an unretained expert, the court should consider: whether the expert is being called to testify about facts of the case or to give opinion testimony; the difference between testifying to a previously formed or expressed opinion and forming a new one; whether the witness is a unique expert; the likelihood a comparable witness will willingly testify; and the degree the witness is oppressed by having to continually testify.
The district court does not abuse its discretion by failing to sequester an expert witness from observing trial testimony where the expert's presence is essential to presentation of the party's cause and no prejudice results.

Rothberg v. Rothberg 2006 ND 65
Docket No.: 20050198
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: An order denying a motion to modify child support or spousal support that is intended to be the final order of the court is appealable.
Conclusory, general findings of fact do not comply with N.D.R.Civ.P. 52(a), and the trial court must specifically state the subordinate facts upon which its ultimate factual conclusions rest.
In deciding whether to award attorney fees in a divorce proceeding, the court must consider the parties' financial needs and ability to pay.

Kramer v. Kramer 2006 ND 64
Docket No.: 20050222
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court should ordinarily not order a distribution of marital property that is inconsistent with the parties' contract, but a court may set aside a property settlement agreement if the agreement is executed under mistake, duress, menace, fraud, or undue influence, or if the agreement is unconscionable.

State v. Stavig 2006 ND 63
Docket No.: 20050278
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Theft
Author: Sandstrom, Dale

Highlight: Probation and restitution in a felony case may be extended for only one additional period of probation, not to exceed five years.
Ona revocation of probation appeal: (1) the Court reviews under a clearly erroneous standard whether the defendant violated his or her probation; and (2) the Court reviews under an abuse of discretion standard whether the district court's revoking the defendant's probation.

State v. Moran 2006 ND 62
Docket No.: 20050244
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Four factors must be weighted to decide whether a defendant's right to a speedy trial has been violated: (1) the length of the delay, (2) the reason for the delay, (3) the accused's assertion of his right to a speedy trial, and (4) the prejudice to the accused.
The State must actively try to serve a warrant, or it risks being negligent for not diligently pursuing the accused.
When the State diligently pursues the defendant, the defendant must prove actual prejudice; when the State intentionally delays prosecution because of a bad-faith motive, prejudice is presumed; and when the State has been negligent by not diligently pursuing the defendant, the weight of the other factors and the length of the delay controls whether prejudice must be actual or may be presumed.
The State does not err in its closing argument when it does not refer to its burden of proof so long as it does not imply a lesser burden of proof.

Parizek v. State (Cons. w/20050261 & 20050262) 2006 ND 61
Docket No.: 20050260
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Before the district court may summarily dismiss an application for post-conviction relief, the State's response to the application must be sufficient to put the applicant on his proof, shifting the burden to require the applicant to produce competent evidence to support his claims prior to the evidentiary hearing.
To justify summary dismissal of an application for post-conviction relief, the district court must find the applicant's claims invalid on their face.

Brown v. State Board of Higher Education 2006 ND 60
Docket No.: 20050365
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: A university student with a grievance against the university is required to exhaust the university's internal procedures, provided by the university's policies, for handling such grievances prior to bringing a claim in court.

Thomas, et al. v. Stone 2006 ND 59
Docket No.: 20050269
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: An insured's authority to designate beneficiaries in a life insurance policy may be limited by an agreement or judgment.

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.

Fischer, et al. v. Berger, et al. 2006 ND 48
Docket No.: 20050182
Filing Date: 2/28/2006
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: A use of land creates an easement by prescription if the use is adverse, continuous and uninterrupted, and for the 20-year period of prescription.
The doctrine of acquiescence does not apply to a claim for an easement by prescription for a road across another's property.

Interest of F.F., et al. (CONFIDENTIAL) 2006 ND 47
Docket No.: 20050210
Filing Date: 2/28/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: A court may terminate parental rights on finding the child (1) is deprived and (2) has been in foster care for at least four hundred fifty of the previous six hundred sixty nights.

Berge v. Berge 2006 ND 46
Docket No.: 20050124
Filing Date: 2/23/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When a trial court does not clearly state how it calculated the amount of child support, the Supreme Court will reverse and remand for an explanation even if the record contains adequate evidence for the trial court to make a precise finding.
Nonrecurrent payments are includable in an obligor's income for determining child support.
It is improper to calculate an obligor's annual employment income based on a mid- year pay stub when the obligor's employment income is reflected on the obligor's prior year's tax return.
If an obligor's most recent annual earnings are a more reliable indicator of future circumstances, the most recent annual earnings may be used to calculate a child support obligation.

State v. Bergstrom 2006 ND 45
Docket No.: 20050110
Filing Date: 2/23/2006
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: In a civil forfeiture action, the State must show probable cause exists to bring the forfeiture action, and then the claimant must prove, by a preponderance of the evidence, the property is not subject to forfeiture.
Because forfeiture is a civil proceeding, apart from an underlying criminal proceeding, the burden of each party does not change when the defendant is acquitted of the criminal charge.
A district court may not rely on a prior probable cause determination, made when a search warrant was issued, to conclude there was probable cause to bring a civil forfeiture action.
Findings of fact are adequate if they provide this Court with an understanding of the district court's factual basis used in reaching its determination.
A court must balance four factors when deciding if a delay in bringing a forfeiture action has violated the claimant's due process rights: length of delay, the reason for the delay, the claimant's assertion of his right, and prejudice to the claimant.

State v. Anderson (CONSOLIDATED W/ 20050229) 2006 ND 44
Docket No.: 20050202
Filing Date: 2/23/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Information from an informant may provide the factual basis to establish reasonable suspicion for an investigatory stop.
Circumstances of a case must be evaluated in determining whether actions taken by law enforcement officers during an investigatory stop are reasonable and do not amount to a defacto arrest.
The public safety exception to Miranda allows admission of statements a suspect makes in answering questions about whether the suspect has a weapon.
Law enforcement officers may conduct a warrantless search of a vehicle for weapons or additional occupants under the public safety exception to the warrant requirement.

Causer v. State (cross-ref. w/20030124) 2006 ND 43
Docket No.: 20050389
Filing Date: 2/23/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7).

Ward County Farm Bureau, et al. v. Poolman 2006 ND 42
Docket No.: 20050170
Filing Date: 2/23/2006
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Maring, Mary

Highlight: A petitioner for a writ of mandamus must first demonstrate a clear legal right to performance of the particular act sought to be compelled by the writ.

State v. Ernst 2006 ND 41
Docket No.: 20050395
Filing Date: 2/23/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: The writ of audita querela has been abolished in North Dakota.
Opposite-sex surveillance of male inmates is constitutionally permissible because minimal intrusions on prisoner's privacy were outweighed by institutional concerns for safety and equal employment opportunity.

Ficklin v. Ficklin (CONFIDENTIAL) 2006 ND 40
Docket No.: 20050364
Filing Date: 2/23/2006
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Before a court may enter a protection order, there must be a showing of actual or imminent domestic violence.
Past abusive behavior is a relevant factor to consider in determining whether domestic violence is actual or imminent.
Where a person might live after the issuance of a domestic violence protection order is not relevant to the issuance of a domestic violence protection order.
The use of a standardized form does not excuse a court's duty to make findings that support the issuance of the order and allow for an intelligible review of a case on appeal.

State v. Stewart (Consolidated w/20050080 thru 20050086) 2006 ND 39
Docket No.: 20050079
Filing Date: 2/23/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The Court looks at the "totality of the circumstances" on appeal, giving deference to the district court's findings, to determine whether a search warrant was supported by probable cause.
A search warrant must describe with particularity the places to be searched and items to be seized to avoid "exploratory rummaging" in its execution.
The State must provide actual notice of its intention to admit prior bad acts testimony.

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.

Schwan v. Folden 2006 ND 28
Docket No.: 20050185
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: If a plaintiff does not move for default judgment after the default has occurred or within a reasonable time after the default, and the answer is subsequently filed, the plaintiff waives its right to default judgment for a defendant's failure to appear.
The strong preference of the courts is to decide cases on their merits rather than by default judgment.
A party who proceeds to trial rather than pursuing a default judgment waives its right to default judgment.
Only items in the record may be included in the appendix, and the Supreme Court may take appropriate action against any person failing comply with this rule.

Lentz v. Spryncznatyk 2006 ND 27
Docket No.: 20050234
Filing Date: 1/31/2006
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A statute is employed retroactively when it is applied to a cause of action that arose prior to the effective date of the statute.
A statute is not retroactively applied merely because prior convictions are used that occurred before the effective date of a statute, as long as the triggering offense occurred after the effective date of the statute.

Dunn v. State 2006 ND 26
Docket No.: 20050336
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A motion for summary dismissal under the Uniform Post-Conviction Relief Act is akin to a motion for summary judgment.
Thirty days' response time is allowed following motions for summary dismissal under the Uniform Post-Conviction Relief Act.
Summary dismissal is appropriate if the petitioner in a post-conviction relief action fails to raise a genuine issue of material fact.

State v. Nikle 2006 ND 25
Docket No.: 20050172
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Great weight is given to a potential juror's claim that he or she will maintain impartiality.
No legal rule is violated if a jury panel is not rejected after one venireperson makes a comment which, though arguably inappropriate, does not affect the fairness or impartiality of any member of the venire.
Assistance of counsel is effective if, despite counsel's "errors," the results of the proceedings would remain unchanged.

Wheeler v. Gardner 2006 ND 24
Docket No.: 20050166
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: An inmate's responsibility for costs of a medical visit is not limited to a maximum of $10, but rather an inmate is responsible for the actual health care costs plus an additional $10 fee for each medical visit requested by the inmate.
An "after hours" fee billed by a dental office is a health care cost for which an inmate is liable.

Hilgers v. Hilgers (Cross-ref w/20010208 & 20030252) 2006 ND 23
Docket No.: 20050146
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Interest of B.V. (CONFIDENTIAL) 2006 ND 22
Docket No.: 20050300
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: An order committing a sexually dangerous individual will be affirmed unless it is induced by an erroneous view of the law or it is not supported by clear and convincing evidence.
In a commitment proceeding, an indigent respondent entitled to appointment of an independent examiner does not have the right to choose a specific examiner.
When the commitment proceeding is not held within the statutorily required sixty days, the case will not be dismissed if the delay was caused by the respondent's actions.
A competent party in a civil commitment proceeding who wishes to represent himself cannot be coerced into accepting appointed counsel where there is a clear request for self-representation.

State v. Feist 2006 ND 21
Docket No.: 20050152
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: When the nature of a plea agreement is ambiguous, a trial court should clarify the existence of a plea agreement on the record.
The court must allow the defendant to withdraw a plea of guilty whenever the defendant proves withdrawal is necessary to correct a manifest injustice.
The failure of a district court to substantially comply with the requirements of N.D.R.Crim.P. 11(c) in conjunction with ambiguity on the record as to what sort of plea negotiations existed between the parties creates a manifest injustice requiring the withdrawal of a guilty plea.

Perez v. Nichols 2006 ND 20
Docket No.: 20050228
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: 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.
The driver of an automobile has a duty to keep a proper lookout, and failure to discharge that duty is negligence.
In a negligence claim, when the evidence permits a reasonable fact-finder to reach only one reasonable conclusion, negligence becomes a question of law and is appropriate for summary judgment.

Interest of M.B., et al. (CONFIDENTIAL) 2006 ND 19
Docket No.: 20050206
Filing Date: 1/31/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: To terminate parental rights, the petitioner must provide specific facts that will be relied on to terminate the parent's rights so the parent has notice and is able to meaningfully prepare a defense.
To terminate parental rights, the petitioner must prove three elements by clear and convincing evidence: (1) the child is a deprived child, (2) the conditions and causes of the deprivation are likely to continue or will not be remedied, and (3) that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
To prove deprivation is likely to continue or will not be remedied, the petitioner cannot rely on past deprivation alone, but must provide prognostic evidence, demonstrating the deprivation will continue.

State v. Schrum 2006 ND 18
Docket No.: 20050267
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A criminal defendant's sentence must be credited for time served in custody on that charge.

Korynta v. Korynta 2006 ND 17
Docket No.: 20050201
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When calculating child support, a trial court must not base its child support award on an extrapolation of an obligor's future income, unless evidence of the obligor's recent past circumstances are not a reliable indicator of his future circumstances.

Hewson v. Hewson 2006 ND 16
Docket No.: 20050218
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A trial court does not have continuing jurisdiction to modify a property distribution in a divorce judgment, but has continuing jurisdiction to modify child support.
Agreements between parents as to the support and maintenance of a child shall only be accepted by a trial court if they are in the child's best interest.
An agreement between parents purporting to prohibit or limit the power of a court to modify future child support violates public policy and is invalid.
As a matter of equity, a divorcing parent attempting to satisfy her child support obligation by foregoing a rightful share of the marital property is entitled to offset the amount of marital property given up against her child support obligation so long as it does not supercede the child's right to support.
When the equitable-offset remedy calculation results in a credit in favor of the obligor, the obligor receives only a credit against her future child support obligations and is not entitled to reimbursement for that credit.

Edward H. Schwartz Const. Inc. v. Driessen 2006 ND 15
Docket No.: 20050150
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The existence of an oral contract and the extent of its terms are questions of fact that are reviewed under the clearly erroneous standard of review.
A trial court's choice between two permissible views of the weight of the evidence is not clearly erroneous, and simply because an appellate court may have viewed the evidence differently does not entitle it to reverse the trial court.

State v. Smith 2006 ND 14
Docket No.: 20050264
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: When an incorrect notice of appeal is filed leading to an issue not being appealed and the case proceeds through appeal, oral argument, and a written opinion, the issue will not be considered on a second appeal when the party made no attempt have the issue reviewed by correcting the notice of appeal or filing a petition for rehearing after the first appeal.

Disciplinary Board v. Giese 2006 ND 13
Docket No.: 20050158
Filing Date: 1/31/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: During a suspension, suspended attorneys may not hold themselves out as being authorized to practice law in this state.
Rule 6.3, N.D.R. Lawyer Discipl., requires full compliance with the rules for lawyer discipline, including timely notice to clients about a suspended attorney's status.

Kuperus v. Willson, et al. 2006 ND 12
Docket No.: 20050114
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: A written settlement agreement is interpreted under rules for construing written contracts.
A settlement agreement will not be set aside absent a showing of fraud, duress, undue influence, or other grounds for rescinding a contract.

Livinggood v. Balsdon 2006 ND 11
Docket No.: 20050149
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Damages for breach of a farm lease beyond one year are not speculative and uncertain as a matter of law but may be speculative and uncertain as a matter of fact.
The party seeking specific performance has the burden of proving the party is entitled to it and the standard for proving entitlement to specific performance is higher than the standard for proving entitlement to money damages.
Damages must be proved.

State v. Bertram (Consolidated w/20050036 and 20050037) 2006 ND 10
Docket No.: 20050035
Filing Date: 1/31/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Generally, legal advice is not a defense to a criminal prosecution, but may be used to negate the requisite state of mind in some circumstances.
The "same elements" test applies to double jeopardy claims under both the state and the federal constitutions and requires consideration of whether each offense contains an element not contained in the other offense.
Proof of a defendant's knowledge of a disorderly conduct restraining order satisfies the culpability requirement for violation of a disorderly conduct restraining order.
A criminal information must contain a written statement of the essential elements of the offense, which includes the nonexistence of a defense as to which there is evidence sufficient to give rise to a reasonable doubt on an issue.

Bates v. State 2006 ND 9
Docket No.: 20050321
Filing Date: 1/31/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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.