Opinions

Roth v. Hoffer 2004 ND 72
Docket No.: 20030282
Filing Date: 4/13/2004
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Guscette 2004 ND 71
Docket No.: 20030177
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A person is seized under the Fourth Amendment if, in view of all the surrounding circumstances, a reasonable person would believe he or she is not free to leave the area.
A seizure does not occur under the Fourth Amendment simply because a law enforcement officer asks a person questions, and as long as reasonable persons would feel free to disregard the officer and go about their business, the encounter is consensual and no reasonable suspicion of criminal activity is required.
Consent to a search is voluntary if, under the totality of the circumstances, it is the product of an essentially free choice and not the product of coercion.

State v. Lura (Consolidated w/20030186-20030194) 2004 ND 70
Docket No.: 20030185
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Not Available

Highlight: Drug convictions summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Weaver v. State 2004 ND 69
Docket No.: 20030325
Filing Date: 4/13/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Dismissal of second petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Provost (cross-ref. w/20030227 & 20030229-20030231) 2004 ND 68
Docket No.: 20030228
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for simple assault on a peace officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Stensaker 2004 ND 67
Docket No.: 20030204
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Heinz v. Heinz 2004 ND 66
Docket No.: 20030301
Filing Date: 4/13/2004
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Amended divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Jundt v. Jurassic Resources, et al. (cross-ref. w/20010313) 2004 ND 65
Docket No.: 20030216
Filing Date: 3/26/2004
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: What could have been presented in a prior appeal may not be heard on a later appeal.
A N.D.R.Civ.P. 68 settlement offer must present a clear baseline from which plaintiffs may evaluate the merits of their case relative to the value of the offer.
To trigger the mandatory cost-shifting provision, a defendant seeking costs under N.D.R.Civ.P. 68 must show that the offer was more favorable than the judgment.

Graves v. State Board of Law Examiners 2004 ND 64
Docket No.: 20030137
Filing Date: 3/26/2004
Case Type: Board of Law Examiners - Other - Other
Author: Per Curiam

Highlight: The due process clause requires that the State Board of Law Examiners employ fair procedures, including a fair and impartial tribunal, when processing applications for admission to the bar.

St. Benedict's Health Center v. ND Dept. of Human Services 2004 ND 63
Docket No.: 20030289
Filing Date: 3/25/2004
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: Administrative regulations for setting Medicaid reimbursement rates involve complex and technical matters calling for agency expertise, and the Department of Human Services' expertise in interpreting its reimbursement regulations is entitled to deference.