Opinions

Choice Financial Group v. Schellpfeffer, et al. 2005 ND 90
Docket No.: 20040204
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Where partial summary judgment is rendered for only part of the damages sought by the plaintiff and consideration of further damages is reserved for a later date, the judgment is neither final nor on an entire claim, and there can be no certification of the partial summary judgment as final under N.D.R.Civ.P. 54(b).

State v. Olsen (Consolidated w/20050040) 2005 ND 89
Docket No.: 20040202
Filing Date: 5/17/2005
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment following a jury conviction for burglary and a denial of post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

State v. Thompson 2005 ND 88
Docket No.: 20050089
Filing Date: 5/17/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: An appeal from an order denying a motion to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7).

Disciplinary Board v. Christensen (CONSOLIDATE W/ 20050139 & 20050140) 2005 ND 87
Docket No.: 20050138
Filing Date: 5/13/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded and ordered to pay costs of disciplinary proceedings.

State v. Keller 2005 ND 86
Docket No.: 20040059
Filing Date: 5/10/2005
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: The right to a lesser-included-offense instruction requires that the offense be a lesser included offense of the greater, that the evidence be such that a jury could rationally find the defendant not guilty of the greater offense and guilty of the lesser, and generally, that the instruction be requested.
North Dakota's current lesser-included-offense law has its origin in the North Dakota Rules of Criminal Procedure, not N.D.C.C. 12.1-01-04(15).
For an offense to be a lesser included offense, it must be impossible to commit the greater offense without committing the lesser offense.
Criminal facilitation is not a lesser included offense of conspiracy to commit murder.
Criminal facilitation is not a lesser included offense of attempted murder.
Reckless endangerment is not a lesser included offense of attempted murder.

Eberts, et al. v. Billings Co. Board of Commissioners 2005 ND 85
Docket No.: 20040309
Filing Date: 5/3/2005
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A board of county commissioners may condemn land for a road under quick take procedures in N.D.C.C. 24-05-09 through 24-05-15.

Cusey v. Nagel 2005 ND 84
Docket No.: 20040241
Filing Date: 5/3/2005
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A person who petitions for a disorderly conduct restraining order must allege specific facts or threats.

Sorlie v. Workforce Safety and Insurance, et al. 2005 ND 83
Docket No.: 20040250
Filing Date: 4/29/2005
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: The pretermination due process procedures for terminating disability benefits do not apply to a lump-sum award.
Claimants reapplying for disability benefits must show both a significant change in their medical condition and an actual wage loss caused by the significant change in their compensable medical condition.

Hanson v. Hanson 2005 ND 82
Docket No.: 20040275
Filing Date: 4/26/2005
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court may modify a prior custody order after a two-year period following the date of entry of an order establishing custody if the court finds that a material change in circumstances has occurred and that the modification is necessary to serve the best interest of the child. A party seeking to modify a custody order bears the burden of showing that a change of custody is required.
A district court must first calculate the presumptively correct child support amount before it can depart from the Child Support Guidelines.

Aker v. ND Department of Transportation 2005 ND 81
Docket No.: 20040366
Filing Date: 4/26/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A judgment reversing an administrative agency decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).