Opinions

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.

Azure, et al. v. Belcourt Public School Dist. 2004 ND 128
Docket No.: 20030338
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: In a negligence case, duty is a question of whether a relationship between the parties gives rise to any legal obligation; whether a duty exists is a question of law.
Summary judgment is appropriate when the record indicates the defendant did not owe a duty of care to the plaintiff in a negligence action.

City of Fargo v. Habiger 2004 ND 127
Docket No.: 20030248
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: A judge is not obligated to withdraw as judge under the change-of-judge statute if the record does not reflect compliance with statutory procedures.
The waiver of the right to appointed counsel is effective if the waiver is made voluntarily, knowingly, and intelligently.
Character evidence may be introduced to demonstrate a defendant's propensity for veracity.

Interest of T.F., et al. (CONFIDENTIAL) 2004 ND 126
Docket No.: 20030236
Filing Date: 6/30/2004
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: Under federal law, termination of parental rights to an Indian child requires proof beyond a reasonable doubt that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
Incarceration of a parent, by itself, does not establish abandonment of a child for purposes of terminating parental rights.
A probability of serious mental and emotional harm to the child may be established from a parent's current inability to properly care for the child.

State v. Ehli (Cross-reference w/20030092) 2004 ND 125
Docket No.: 20030327
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Other
Author: Kapsner, Carol

Highlight: A probation condition prohibiting a sex offender from having contact with his minor children is not a de facto termination of parental rights.

State v. Reimche (Consolidated w/20040003) 2004 ND 124
Docket No.: 20040002
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Convictions of aggravated assault are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

City of Minot v. Kary (Consolidated w/20030344) 2004 ND 123
Docket No.: 20030343
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Convictions for driving under the influence of alcohol and unlawful consumption of alcohol are summarily affirmed under 35.1(a)(3) and (4).