Opinions

Smith v. Kulig 2005 ND 93
Docket No.: 20040237
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: A landowner's only duty to a trespasser is to refrain from harming the trespasser in a willful and wanton manner.
A landowner is not under any affirmative duty to give a trespasser warning of concealed perils, although, by the exercise of reasonable care, the landowner might have discovered the defect or danger that caused the injury.

Woods v. Ryan 2005 ND 92
Docket No.: 20040227
Filing Date: 5/17/2005
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In deciding whether to change custody of a child, a court must use a two-part analysis, considering first whether there has been a material change of circumstances, and then, if the court decides there has been, deciding whether a change in custody is necessary to serve the best interests of the child.

Bollin v. ND Dept. of Transportation 2005 ND 91
Docket No.: 20040291
Filing Date: 5/17/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Chemical analysis results will not be admitted into evidence if the test was not performed in accordance with methods and devices approved by the state toxicologist.
If the chemical analysis form indicates an alternative disinfectant was used during the blood draw but neither the form nor testimony identifies the disinfectant, license suspension is improper.

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.