Opinions

State v. Mathre 2004 ND 149
Docket No.: 20030312
Filing Date: 7/22/2004
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: The appellant must provide a transcript on appeal, and the appellant suffers any consequences resulting from the lack of a transcript to review.
An arrest is not unlawful merely because there is no subsequent conviction of the crime for which an individual is arrested.
A person is not justified in using force for the purpose of resisting arrest, execution of process, or other performance of duty by a public servant under color of law, but excessive force may be resisted.

Johnson v. ND Dept. of Transportation 2004 ND 148
Docket No.: 20040065
Filing Date: 7/22/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: An officer who properly arrests a driver for DUI and who obtains, within the officer's jurisdiction, the driver's consent to submit to a blood test can transport the arrestee outside the jurisdiction for the test.

State v. Stockert 2004 ND 146
Docket No.: 20030105
Filing Date: 7/22/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: A judge is required to disqualify if the judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts concerning the proceedings.
When personal knowledge about a matter has been obtained by a judge within another legal proceeding, disqualification is not called for.
When deciding whether or not to recuse, a judge must determine whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired.
In deciding whether a judge should be disqualified because of a person's involvement in a judicial campaign, the relevant factors include: 1) the significance of the person's campaign involvement; 2) whether the campaign is under way or how recently it ended; 3) whether there is an ongoing relationship between the person and the judge; 4) the significance of the person's involvement in the current case, including the closeness or remoteness of the involved individual to the case; 5) whether the issue was promptly raised; and 6) evidence of judicial bias.

Minn-Kota Ag Products, Inc., et al. v. Carlson, et al. 2004 ND 145
Docket No.: 20030303
Filing Date: 7/6/2004
Case Type: Appeal - Civil - Malpractice
Author: Neumann, William

Highlight: Issues of fact may become questions of law if a reasonable person could reach only one conclusion from the facts.
Mere speculation is not enough to defeat a motion for summary judgment. There must be enough evidence for a reasonable jury to find for the plaintiff.
An attorney has not committed legal malpractice by failing to file a cause of action when the statute of limitations expires before the attorney is retained.

State v. Sims (Consolidated w/20040036) 2004 ND 144
Docket No.: 20030150
Filing Date: 7/6/2004
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: The district court may provide for the possibility of work release in accordance with the guidelines of a correctional facility.

Ag Acceptance Corp. v. Alexander Farms, Inc., et al. 2004 ND 143
Docket No.: 20040005
Filing Date: 7/2/2004
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment in collection action summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Interest of T.J.L. (CONFIDENTIAL) 2004 ND 142
Docket No.: 20030291
Filing Date: 6/30/2004
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: VandeWalle, Gerald

Highlight: Effective March 1, 2004, findings of fact in juvenile matters will not be set aside on appeal unless clearly erroneous.
When there has been an extensive period in which efforts have been made to overcome a parent's inabilities to effectively parent, courts cannot allow the child to remain in an indeterminate status midway between foster care and the obvious need for permanent placement.

Oppegard-Gessler v. Gessler 2004 ND 141
Docket No.: 20030205
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A custodial parent may not change the residence of a child to another state except upon order of the court or with the consent of the noncustodial parent, if the noncustodial parent has been given visitation rights by the decree.
The best interests of the child are the primary consideration in determining whether a custodial parent should be allowed to relocate with the child to another state.
A trial court that fails to give sufficient credence to the importance of keeping the custodial family intact commits reversible error.

State v. Smestad 2004 ND 140
Docket No.: 20030335
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A trial court may allow testimony as to the context of events, if the testimony is required to prove the essential statutory elements of the crime and the district court has weighed the probative value against the prejudicial nature of the testimony.

State v. Decoteau 2004 ND 139
Docket No.: 20030271
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: The reasonable suspicion standard does not require an officer to rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation.
An officer's knowledge that a driver's license was suspended when stopped by the same officer one week earlier is sufficient to create reasonable suspicion of unlawful activity and support an investigatory stop of the vehicle.