Opinions

State v. Mooney (Consolidated w/ 20040181 & 20040182) 2005 ND 6
Docket No.: 20040180
Filing Date: 1/19/2005
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Three criminal judgments are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Miller v. Sprynczynatyk 2005 ND 5
Docket No.: 20040273
Filing Date: 1/19/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

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

Pautz v. N.B., et al. (CONFIDENTIAL) 2005 ND 4
Docket No.: 20040229
Filing Date: 1/19/2005
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: An order finding a child unruly is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

State v. Rupp 2005 ND 3
Docket No.: 20040170
Filing Date: 1/19/2005
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Conviction of attempted aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Jackson-Metcalf 2005 ND 2
Docket No.: 20040253
Filing Date: 1/19/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Greybull v. State 2005 ND 1
Docket No.: 20040254
Filing Date: 1/19/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: An appeal from dismissal of a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Spectrum Care, L.L.C. v. Workforce Safety and Insurance 2004 ND 229
Docket No.: 20040171
Filing Date: 12/17/2004
Case Type: Appeal - Civil - Insurance
Author: VandeWalle, Gerald

Highlight: Section 65-04-32, N.D.C.C., applies to an employer's challenge to the classification of its employees for purposes of establishing insurance premiums payable to Workforce Safety and Insurance, and a court's review of a decision regarding those classifications is under sections 28-32-46 and 28-32-49, N.D.C.C.

State v. Steen (Consolidated w/20040052) 2004 ND 228
Docket No.: 20020343
Filing Date: 12/17/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: To prevail in a post-conviction proceeding on a claim of ineffective assistance of counsel, the petitioner must show not only that trial counsel's performance fell below an objective standard of reasonableness, but must also demonstrate prejudice by establishing a reasonable probability that, but for counsel's errors, the result of the trial would have been different.

Gibb v. Sepe 2004 ND 227
Docket No.: 20040211
Filing Date: 12/17/2004
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A spousal support award resulting from the parties' stipulation should be modified by the trial court only upon a showing of a material change in circumstances.
The party advocating the modification bears the burden of proving a material change occurred.
An award of attorney fees is an abuse of discretion when the prevailing party failed to show need, inability to pay, how the fees were incurred, or that the appeal was frivolous.

Foster v. Foster 2004 ND 226
Docket No.: 20040063
Filing Date: 12/14/2004
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A custody determination should be based on the best interests of the child and will not be overturned unless clearly erroneous.
Failure to allow a party 10 days to object to proposed findings of fact before a judgment is filed is harmless error because N.D.R.Ct. 7.1(b)(3) and N.D.R.Civ.P. 52(b) provide a remedy for that party.
A guardian ad litem may make a custody recommendation when advocating the best interests of the child.