Opinions

State v. Bates 2004 ND 222
Docket No.: 20040095
Filing Date: 12/14/2004
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Ernst 2004 ND 221
Docket No.: 20040117
Filing Date: 12/14/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Denial of a motion to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

City of Mandan v. Cordova 2004 ND 220
Docket No.: 20040147
Filing Date: 12/14/2004
Case Type: Appeal - Criminal - Violation of City Ordinance
Author: Per Curiam

Highlight: The district court's judgment affirming the prior municipal court decision finding indecent conduct is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Engwicht v. Lako 2004 ND 219
Docket No.: 20040079
Filing Date: 11/26/2004
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: The district court's interpretation of an oral contract for well-drilling services is not clearly erroneous, and the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Edwardson v. Lauer 2004 ND 218
Docket No.: 20040110
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The clearly erroneous standard of review applies to a district court judgment changing a minor's name under the Uniform Parentage Act.

Bolinske v. Herd, et al. 2004 ND 217
Docket No.: 20040086
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The unsolicited referral of an out-of-state lawyer by an in-state lawyer does not provide sufficient contacts to make the out-of-state lawyer amenable to suit in North Dakota. The mere representation of a resident client by a nonresident lawyer does not subject the nonresident lawyer to personal jurisdiction; more is required.
The contacts being used to acquire personal jurisdiction over a nonresident party must be directly related to the litigation.

Adoption of H.R.W. (CONFIDENTIAL) 2004 ND 216
Docket No.: 20040108
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Adoption
Author: Maring, Mary

Highlight: In adoption proceedings, termination of parental rights does not require consent of a parent who has abandoned the child or has failed for at least one year, without justifiable cause, to communicate with the child or to provide for the care and support of the child.
Findings of fact by the trial court in matters of adoption will not be set aside on appeal unless clearly erroneous.

Hawley v. LaRocque (Cross-Ref. w/19980029) 2004 ND 215
Docket No.: 20040057
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Charles McCauley Partnership v. Tyrone Township 2004 ND 214
Docket No.: 20040175
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Summary judgment is inappropriate where "battling affidavits," wrought with concerns over witness credibility, are presented regarding whether a township road is vacant due to a statutorily prescribed period of non-use.

Greywind v. State 2004 ND 213
Docket No.: 20040080
Filing Date: 11/19/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Informing a defendant of the prospect of receiving a harsher sentence if he were to go to trial is not coercion sufficient to render a guilty plea involuntary.
If a defendant pled guilty knowingly and voluntarily, he cannot show actual prejudice resulted from his trial attorney's failure to more thoroughly investigate the case before he pled guilty.
Recantation is looked upon by courts with suspicion and disfavor.