Opinions

Johnson v. State (Cross-Ref. w/20050028 & 20050029) 2005 ND 197
Docket No.: 20050168
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Conviction of contact by bodily fluids is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Stevenson 2005 ND 196
Docket No.: 20050134
Filing Date: 11/29/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

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

Judicial Vacancy in Judgeship No. 3, Northeast Judicial District 2005 ND 195
Docket No.: 20050369
Filing Date: 11/17/2005
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bottineau.

Interest of J.F. (CONFIDENTIAL) 2005 ND 194
Docket No.: 20050046
Filing Date: 11/15/2005
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: Orders finding a child to be unruly and deprived are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Wild Rice River Estates v. City of Fargo 2005 ND 193
Docket No.: 20050074
Filing Date: 11/14/2005
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Whether there has been a taking of private property for public use is a question of law which is fully reviewable on appeal, but a trial court's findings of fact on a takings claim will not be set aside unless they are clearly erroneous.
A temporary deprivation of all economically viable use of property does not necessarily constitute a taking of property requiring compensation.
An extraordinary delay in governmental decisionmaking coupled with bad faith on the part of the governmental body may result in a compensable taking of property.

Klose v. State (cross-reference w/20010309) 2005 ND 192
Docket No.: 20050044
Filing Date: 11/9/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: An appellant failing to file a trial transcript on appeal assumes the risks and consequences of such failure.

State v. Laib 2005 ND 191
Docket No.: 20050099
Filing Date: 11/9/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: For the crime of terrorizing, the critical inquiry is whether the defendant intended to place others in fear for their safety.
For the crime of terrorizing, a threat does not have to be made verbally.
For the crime of terrorizing, a communication, either verbal or nonverbal, is sufficient to be a threat if a reasonable person could conclude that it was a threat under the circumstances.

Wetzel v. Schlenvogt (CONSOLIDATED W/20050122) 2005 ND 190
Docket No.: 20050121
Filing Date: 11/9/2005
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A corporation may not be represented by a non-attorney agent in a legal proceeding.
When a case is commenced on behalf of a corporation by a non-attorney agent, the case and all documents signed by the non-attorney agent are void from the beginning.
Reasonable grounds exist for obtaining a disorderly conduct restraining order when the facts and circumstances presented to the judge are sufficient to warrant a person of reasonable caution to believe that acts constituting disorderly conduct have been committed.
A disorderly conduct restraining order does not require a pattern of behavior.
The district court does not abuse its discretion in granting a disorderly conduct restraining order when there is sufficient, admissible evidence that disorderly conduct has been committed, whether that evidence is received on direct examination or cross-examination.
Whenever there is a discrepancy between a trial court's oral and written statements, the written statement controls.

State v. Noorlun 2005 ND 189
Docket No.: 20040329
Filing Date: 11/9/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: On appeal, jury instructions are considered as a whole to determine whether they correctly and adequately advise the jury of the applicable law and do not mislead or confuse the jury.
Whether documentary evidence should be excluded for lack of adequate foundation is within a trial court's discretion, and adequate foundation may be established by circumstantial evidence, including the events preceding, surrounding, and following the transmission of the document.
A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact-finder could find the defendant guilty beyond a reasonable doubt.
An information filed in district court before a preliminary examination is not invalid unless the defendant objects to the information before entering a plea.

Johnson v. State 2005 ND 188
Docket No.: 20050230
Filing Date: 11/9/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A motion for summary disposition of an application for post-conviction relief asking the court to rely solely on the pleadings is treated like a N.D.R.Civ.P. 12(b) motion, and under Rule N.D.R.Ct. 3.2(a), a ten-day response time should be provided the non-moving party before the trial court rules.
A motion for summary disposition of an application for post-conviction relief asking the court to go beyond the face of the pleadings is treated like a N.D.R.Civ.P. 56 motion, and under N.D.R.Ct. 3.2, the non-moving party in a motion for summary judgment has thirty days to respond.