Opinions

Interest of T.T. (CONFIDENTIAL) 2004 ND 138
Docket No.: 20030266
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Juvenile Law
Author: Sandstrom, Dale

Highlight: Issues not raised in juvenile court may not be raised for the first time on appeal.
A deprivation hearing in juvenile court may not be combined with a hearing on divorce-related child custody and visitation issues.
A juvenile court's oral findings may be used to explain the juvenile court's written decision.

State v. Gill 2004 ND 137
Docket No.: 20030279
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: The State has the burden in a restitution hearing to prove the amount of restitution by a preponderance of the evidence.
The defendant has the burden to raise and prove an inability to pay the amount of restitution ordered.

State v. Krous 2004 ND 136
Docket No.: 20030372
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: The word "submit" in a probation condition similar to that in N.D.C.C. 12.1-32-07(4)(n) means consent to a reasonable warrantless search.

Gartner v. Job Service North Dakota 2004 ND 135
Docket No.: 20040038
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Maring, Mary

Highlight: An unemployed individual may be entitled to unemployment benefits while attending a retraining program if reasonable and suitable work opportunities for which the individual is suited by training, experience, and physical capabilities do not exist in the individual's locality.

Aamodt v. Dept. of Transportation 2004 ND 134
Docket No.: 20040056
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: The Department must meet the basic and mandatory provisions of the statute to have authority to suspend driving privileges.
The statutory provision requiring a police officer to include in the notice to the Department reasonable grounds to believe a person had been driving or had been in actual physical control of a motor vehicle while under the influence of alcohol is a basic and mandatory provision.

Tibert, et al. v. Minto Grain, et al. (Cross ref. w/20030207) 2004 ND 133
Docket No.: 20030208
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A trial court's decision granting judgment on the pleadings is reviewed de novo.
The purpose of liberal pleading requirements is to apprise the defendant of the nature of the plaintiff's claim.

Moen, et al. v. Thomas, et al. (cross-reference w/20000111; 20000169) 2004 ND 132
Docket No.: 20030309
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Although the existence of an attorney-client relationship turns largely on the client's subjective belief it exists, the client's subjective belief must also be objectively reasonable.
A party must specifically request that questions on a special verdict form be submitted to the jury, and vague references to requested instructions or special verdict forms are insufficient to preserve the issue for appeal.
A trial court does not abuse its discretion by refusing to include a requested question in a special verdict form when a party has not presented sufficient evidence to support it.

Frontier Enterprises v. DW Enterprises, et al. 2004 ND 131
Docket No.: 20040050
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: A partial summary judgment that fails to adjudicate all claims against all parties is interlocutory and not appealable.

Johnson v. State (Consolidated w/20030257) 2004 ND 130
Docket No.: 20030256
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: An application for post-conviction relief is properly dismissed on the pleadings if the court cannot discern a potential for proof to support the application.
A defendant who inexcusably fails to raise all his claims in a single post-conviction proceeding misuses the post-conviction process by initiating a subsequent application raising issues that could have been raised in the earlier proceeding.
The Strickland standard for assessing ineffective assistance of counsel applies to claims of ineffective post-conviction counsel.
A criminal defendant has no constitutional right to "hybrid" representation and to act as co-counsel with his attorney.

Tibbetts v. Dornheim 2004 ND 129
Docket No.: 20030267
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: Generally, interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment.
All of the issues between parties are merged in the final judgment.
A party waives an issue by not providing supporting argument, and without supportive reasoning or citations to relevant authorities, an argument is without merit.