Opinions

State v. Ressler 2005 ND 140
Docket No.: 20040327
Filing Date: 7/25/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Reasonable suspicion does not permit law enforcement authorities to transport a seized package from the place where suspicion arose to a law enforcement center for further investigation.
Evidence derived based on an illegal seizure must be suppressed as fruit of the poisonous tree.

Simburger v. Simburger 2005 ND 139
Docket No.: 20050032
Filing Date: 7/25/2005
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Once an initial custody decision has been made, visitation is governed by N.D.C.C. 14-05-22(2).
A party moving to modify visitation bears the burden of establishing that a material change in circumstances has occurred since the prior visitation order and that it is in the best interest of the child to modify the order.

Interest of B.J.K. (Confidential) 2005 ND 138
Docket No.: 20050025
Filing Date: 7/25/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: A juvenile court's finding of deprivation will not be set aside unless it is clearly erroneous.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.

State v. Jackson 2005 ND 137
Docket No.: 20050072
Filing Date: 7/25/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: When the court dismisses a criminal information on the basis of its legal interpretation of a criminal statute, and not upon resolution of any factual element of the crime charged, the ruling is not a judgment of acquittal but a quashing of the information from which the State has a right to appeal.
When a sexual offender changes employment address, he must register the change with law enforcement within ten days.

GO Committee, et al. v. City of Minot 2005 ND 136
Docket No.: 20040367
Filing Date: 7/20/2005
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: The judiciary's role in reviewing a municipality's interpretation and application of a municipal ordinance is limited by the doctrine of separation of powers to determining whether the municipality clearly abused its discretion.
Ordinances are interpreted like statutes.
Statutory interpretation is a question of law subject to full review upon appeal.

Disciplinary Board v. Sundby (Consolidated w/ 20050189 - 20050194) 2005 ND 135
Docket No.: 20050188
Filing Date: 7/18/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

State v. Barth 2005 ND 134
Docket No.: 20050015
Filing Date: 7/15/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: Persistent use of profane and threatening language combined with threatening hand gestures is not constitutionally protected free speech under the First Amendment to the U.S. Constitution.
When reviewing challenges to sufficiency of the evidence, the reviewing court examines the record to determine whether there is competent evidence that allowed the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.
A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.

Citibank v. Reikowski 2005 ND 133
Docket No.: 20050043
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Debtor/Creditor
Author: Sandstrom, Dale

Highlight: Before accepting and filing an answer, a clerk should require the filing fee be paid or waived, however, if the clerk does not do so, the filing of the answer is not invalidated.

Reineke v. Reineke (cross-ref. w/20030014) 2005 ND 132
Docket No.: 20050006
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An ex-wife's enhanced burden to satisfy marital debt discharged in bankruptcy by her ex-husband is a material change in circumstances warranting a modification of spousal support, and such a modification does not violate U.S. bankruptcy law.

Gonzalez v. Gonzalez 2005 ND 131
Docket No.: 20040374
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Proposed findings prepared by trial counsel become the findings of the court when it affixes its signature to them.
In addressing whether there is evidence of domestic violence that triggers the statutory presumption against the perpetrator receiving custody of a child, the trial court must make specific factual findings and conclusions.
When the trial court decides custody between two fit parents, the court on appeal will not retry the case or substitute its judgment for that of the trial court if there is evidence to support the decision.