Opinions

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.

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.

Interest of M.M. (confidential) 2005 ND 219
Docket No.: 20050399
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A district court's finding that a person is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.
A district court's finding that no less restrictive treatment programs other than hospitalization are appropriate, will not be reversed unless clearly erroneous.
A district court's order for involuntary hospitalization must be based on clear and convincing evidence that there is a serious risk the individual will harm himself, others, or property if not hospitalized.
To authorize involuntary treatment with medication, the district court must find by clear and convincing evidence that the prescribed medication is clinically appropriate and necessary, that the patient was offered the treatment and refused it, that the prescribed medication is the least restrictive form necessary to meet the patient's needs, and that the benefits of the treatment outweigh known risks.

Curtis Construction Co., Inc. v. American Steel Span, Inc., et al. 2005 ND 218
Docket No.: 20050175
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A complete written contract must contain all the essential or material conditions and terms of the contract.
A complete contract may be contained in several writings or documents as long as it identifies: (1) the contracting parties; (2) the subject matter; (3) the consideration; and (4) the terms and conditions upon which the contract was entered.
The trier of fact decides the terms of an oral contract.
A contractor who has substantially performed may recover the contract price, less the expense of repairing the defects or omissions. Defects claimed must be clearly ascertainable in both their nature and origin. The injured party must prove the cost of repair or the loss of value to its property.

Wright v. State 2005 ND 217
Docket No.: 20040304
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: A defendant alleging ineffective assistance of counsel must prove counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance.
To demonstrate prejudice resulting from counsel's deficient performance, a defendant must establish a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different.

Interest of A.B., et al. (CONFIDENTIAL) 2005 ND 216
Docket No.: 20050223
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: An order granting leave to intervene in an action is not appealable.

Smith v. Hall 2005 ND 215
Docket No.: 20050270
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The failure of the non-registering party to object to registration of a foreign child support order within the statutory time limit precludes the non-registering party from further contesting the registration on any ground that could be asserted at the time of registration.

State v. Hernandez 2005 ND 214
Docket No.: 20050047
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: A trial court has broad discretion to determine whether a witness is qualified as an expert and whether the witness's testimony will assist the trier of fact.
A party's failure to object to evidence admitted at trial generally waives the party's right to complain on appeal about the admission of the evidence.
A trial court has discretion to decide whether a party has opened the door for the admission of otherwise inadmissible evidence.
A jury is generally presumed to follow a curative instruction, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
A trial court has broad discretion to balance the probative value of evidence against the risk of unfair prejudice.
To establish a due process violation for the destruction of evidence, a defendant must establish bad faith by the State, which means the evidence was deliberately destroyed by or at the direction of a State agent who intended to thwart and deprive the defense of the information.

Estate of Pladson v. Traill Co. Social Services, et al. 2005 ND 213
Docket No.: 20050154
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The requirement that an asset be "actually available" for purposes of determining Medicaid eligibility must be interpreted reasonably, and the focus is on the applicant's actual and practical ability to make an asset available as a matter of fact, not legal fiction.

State v. Raulston (CONSOLIDATED W/20050160 & 20050161) 2005 ND 212
Docket No.: 20050159
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A sentence is not illegal if, during the judge's oral pronouncement of the sentence, he states a hypothetical that could not come to fruition.
A defendant need not be informed of an 85 percent service requirement for a guilty plea to be knowingly, intelligently, and voluntarily entered, as such a requirement is a parole condition rather than a mandatory minimum sentence.
An ineffective assistance of counsel claim fails when an attorney's performance--deficient or not--does not prejudice a defendant, due to the overwhelming evidence favoring the defendant's guilt.
The State may respond to an application for post-conviction relief within the time allowed by the court.
The district court's failure to make explicit findings and conclusions in its denial of post-conviction relief is harmless error based on the ample evidence within the record.

State v. Pailing (CON w/20050120, 20050306, 20050307, 20050308, & 20050309 2005 ND 211
Docket No.: 20050073
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An amended judgment, an order denying a motion to amend a criminal judgment, and an order denying a petition for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Shermer 2005 ND 210
Docket No.: 20050066
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An appeal from a criminal judgment and an order denying a motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. White Mountain 2005 ND 209
Docket No.: 20050157
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition and tampering with evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

McMechan v. Engstrom, et al. 2005 ND 208
Docket No.: 20050235
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Reciprocal Discipline of Edinger 2005 ND 207
Docket No.: 20050429
Filing Date: 12/14/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Eriksmoen v. N.D. Dept. of Transportation 2005 ND 206
Docket No.: 20050129
Filing Date: 11/29/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: An arrestee's right to consult privately with counsel before taking a chemical test must be balanced against society's interest in obtaining important evidence.
If a person arrested for driving under the influence is asked to submit to a chemical test and responds with a request to speak with an attorney, the failure to allow the arrested person a reasonable opportunity to contact an attorney prevents the revocation of her license for refusal to take the test. The reasonableness of the opportunity to consult with counsel is viewed objectively in light of the totality of the circumstances.

Oien v. Oien 2005 ND 205
Docket No.: 20050204
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Under the child support guidelines, disability does not necessarily excuse a parent from the obligation to pay child support.
The presence of a disability is a consideration that the court can take into account when determining the amount of support.
Submitting a document to a judge or to court personnel other than the clerk is not filing.

Gray v. N.D. Game and Fish Dept. 2005 ND 204
Docket No.: 20050103
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: The laws of the states participating in the Interstate Wildlife Violator Compact need not be identical to support reciprocal enforcement of an out-of-state wildlife conviction in North Dakota.
A judgment rendered in violation of due process is void in the rendering state and is not entitled to full faith and credit elsewhere.
The Interstate Wildlife Violator Compact does not require congressional consent under the compact clause of the federal constitution.
A suspension of hunting privileges under the Interstate Wildlife Violator Compact is not double jeopardy.
The due process clause does not require presuspension notice and hearing before hunting privileges may be suspended under the Interstate Wildlife Violator Compact.

Jangula v. Jangula 2005 ND 203
Docket No.: 20050070
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Once separate property, or property exempt from being included as marital property, is commingled, placed into a joint bank account, or placed in joint tenancy, the property no longer has any separate identity and therefore becomes marital property.

Matthews v. State 2005 ND 202
Docket No.: 20050068
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Conclusory allegations that counsel failed to call certain witnesses without indicating what the testimony would have been, how it might have affected the outcome of the trial, or what prejudice may have resulted from the failure to call them, do not support a claim of ineffective assistance of counsel.
Ineffective assistance of counsel claims require a defendant to show that counsel's representation was objectively unreasonable and that the defendant was prejudiced by counsel's deficient performance.
A defendant must offer evidence of how any additional witnesses would have aided the defense's claim.

Interest of P.B. (CONFIDENTIAL) 2005 ND 201
Docket No.: 20050351
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: An individual committed to a mental health facility does not enjoy the same level of freedom and rights as an uncommitted individual.
Once a decision of hospitalization is made, it is not the province of this Court to micro-manage the State Hospital.

Pfau v. Pfau 2005 ND 200
Docket No.: 20050077
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The district court denial of a motion for new trial and a motion for post-judgment relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).