Opinions

State v. Schwab 2003 ND 119
Docket No.: 20020306
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion.
On appeal, a trial court's jury selection process is reviewed using an abuse of discretion standard.
A potential juror's acquaintance with a possible witness is not implied bias.
In a fair-cross-section challenge, a defendant must show the group alleged to be excluded is a distinctive group in the community, the representation of the group is not fair and reasonable in relation to the number of such persons in the community, and the group was systematically excluded in the jury selection process.

Syversen, et al. v. Hess, et al. 2003 ND 118
Docket No.: 20020361
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence.
A trial court decision will not be set aside merely because the court applied an incorrect reason, if the result is the same under the correct law and reasoning.

Tarnavsky v. McKenzie Co. Grazing Association 2003 ND 117
Docket No.: 20020311
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action.
The discovery rule postpones the accrual of a claim until the plaintiff knew or with the exercise of reasonable diligence should have known the wrongful act and its resulting injury, and an objective standard is used for determining knowledge of a potential claim under the discovery rule.

State v. Steen (Consolidated w/20020356-20020360) 2003 ND 116
Docket No.: 20020355
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An order correcting an illegal sentence involves a substantial right and is appealable.
A district court's failure to act, upon motion, to reduce a defendant's criminal sentence within 120 days after sentence is imposed, forecloses its power to reduce a criminal sentence.

Coons v. Coons 2003 ND 115
Docket No.: 20020169
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence.

Interest of K.P. 2003 ND 114
Docket No.: 20030175
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others.

Rist v. ND Dept. of Transportation 2003 ND 113
Docket No.: 20020303
Filing Date: 7/16/2003
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct.
If an officer learns something during a caretaking encounter that causes a reasonable suspicion or probable cause, the encounter can lead to further investigation, seizure, and even arrest.
Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the vehicle's operability or the location of the vehicle's ignition key.

Van Klootwyk, et al. v. Baptist Home 2003 ND 112
Docket No.: 20020325
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Malpractice
Author: Neumann, William

Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home.

State v. Dimmitt 2003 ND 111
Docket No.: 20030018
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Neumann, William

Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea.
The State's failure to make an agreed upon sentence recommendation may result in a manifest injustice in the sentencing process entitling the defendant to withdraw his guilty plea.

Tarnavsky v. Tarnavsky, et al. 2003 ND 110
Docket No.: 20020292
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive.
A trial court has discretion to grant a motion to amend pleadings to conform to the evidence under N.D.R.Civ.P. 15(b).