Opinions

Disciplinary Board v. Wilkes 2005 ND 168
Docket No.: 20050297
Filing Date: 10/4/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred for felony convictions.

State v. Frankfurth 2005 ND 167
Docket No.: 20050112
Filing Date: 9/27/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A criminal information must contain all essential elements of the offense in order to charge that offense.
A motion to arrest the judgment may be made after trial when the information fails to charge a crime.
A defective information failing to charge a crime cannot be "cured" through proper jury instruction or other means short of amendment.

Sayler v. State 2005 ND 166
Docket No.: 20050048
Filing Date: 9/27/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: 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.

Mastrony v. Mastrony 2005 ND 165
Docket No.: 20050002
Filing Date: 9/27/2005
Case Type: Appeal - Civil - Child Support
Author: Not Available

Highlight: Divorce judgment awarding custody and dividing the marital estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Eagleman v. State (Cross-Ref. w/20030149) 2005 ND 164
Docket No.: 20040359
Filing Date: 9/27/2005
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)(7).

State v. Leftbear 2005 ND 163
Docket No.: 20050042
Filing Date: 9/27/2005
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment following a conviction for aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Allen 2005 ND 162
Docket No.: 20050102
Filing Date: 9/27/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

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

M.S.B. v. J.M.B. (CONFIDENTIAL) 2005 ND 161
Docket No.: 20050075
Filing Date: 9/27/2005
Case Type: Appeal - Civil - Paternity
Author: Per Curiam

Highlight: Judgment establishing physical custody of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Oie 2005 ND 160
Docket No.: 20050031
Filing Date: 9/27/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A district court does not abuse its discretion in accepting a guilty plea when the factual basis is established through open court inquiry and review of the pre-sentence investigation report.

State v. Moore 2005 ND 159
Docket No.: 20050133
Filing Date: 9/27/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Denial of motion to correct illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(1).