Opinions

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.

Interest of C.H. (CONFIDENTIAL) 2005 ND 130
Docket No.: 20050209
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: 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.

Lee v. Lee 2005 ND 129
Docket No.: 20040184
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A child support amount must be established in accordance with the guidelines.
A spousal support award may be modified upon a showing of a material change in circumstances.
Attorney fees in a divorce action are based on a determination of one party's need and the other party's ability to pay.

Syvertson v. State 2005 ND 128
Docket No.: 20050016
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: When establishing a Brady violation, the knowledge of the North Dakota State Hospital is not imputed to the State's Attorney's Office.
Information publicly disseminated in a newspaper article is not newly discovered evidence.

Weinreis, et al. v. Hill, et al. 2005 ND 127
Docket No.: 20040305
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A district court must consider the apparent or ostensible authority of an individual exercising the functions of a corporate officer to bind the corporation to an agreement.

Anderson, et al. v. Selby 2005 ND 126
Docket No.: 20040289
Filing Date: 7/13/2005
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Parol evidence is admissible in an action to reform a deed when, through a mistake by one party which the other at the time knew of or suspected, the deed does not truly express the parties' intent.
A grantee may not recover attorney fees from a grantor in an action by the grantor to reform a warranty deed.

State v. Hatlewick 2005 ND 125
Docket No.: 20040336
Filing Date: 7/13/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: A conviction is supported by sufficient evidence when a rational fact finder, 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, is able to determine from the evidence that a defendant is guilty beyond a reasonable doubt.
A trial court retains jurisdiction to issue a restitution order after a defendant has filed a notice of appeal from the criminal judgment.

State v. Seglen 2005 ND 124
Docket No.: 20040094
Filing Date: 7/13/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: The Fourth Amendment prohibition against unreasonable searches and seizures applies only to government action and not to private parties.
Consent is a recognized exception to the warrant requirement, and the State has the burden of proving consent.
A warrantless search of all patrons entering an arena when there is no history of violence or injury is not reasonable and violates the Fourth Amendment.