Opinions

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.