Opinions

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.

Interest of T.T. (CONFIDENTIAL) 2004 ND 138
Docket No.: 20030266
Filing Date: 6/30/2004
Case Type: Appeal - Civil - Juvenile Law
Author: Sandstrom, Dale

Highlight: Issues not raised in juvenile court may not be raised for the first time on appeal.
A deprivation hearing in juvenile court may not be combined with a hearing on divorce-related child custody and visitation issues.
A juvenile court's oral findings may be used to explain the juvenile court's written decision.

State v. Gill 2004 ND 137
Docket No.: 20030279
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: The State has the burden in a restitution hearing to prove the amount of restitution by a preponderance of the evidence.
The defendant has the burden to raise and prove an inability to pay the amount of restitution ordered.

State v. Krous 2004 ND 136
Docket No.: 20030372
Filing Date: 6/30/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: The word "submit" in a probation condition similar to that in N.D.C.C. 12.1-32-07(4)(n) means consent to a reasonable warrantless search.

Gartner v. Job Service North Dakota 2004 ND 135
Docket No.: 20040038
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Maring, Mary

Highlight: An unemployed individual may be entitled to unemployment benefits while attending a retraining program if reasonable and suitable work opportunities for which the individual is suited by training, experience, and physical capabilities do not exist in the individual's locality.

Aamodt v. Dept. of Transportation 2004 ND 134
Docket No.: 20040056
Filing Date: 6/30/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: The Department must meet the basic and mandatory provisions of the statute to have authority to suspend driving privileges.
The statutory provision requiring a police officer to include in the notice to the Department reasonable grounds to believe a person had been driving or had been in actual physical control of a motor vehicle while under the influence of alcohol is a basic and mandatory provision.