Opinions

Disciplinary Board v. Peterson 2004 ND 101
Docket No.: 20040134
Filing Date: 5/28/2004
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

State v. Guthmiller 2004 ND 100
Docket No.: 20030298
Filing Date: 5/7/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: The standard for measuring the scope of a suspect's consent under the Fourth Amendment is that of objective reasonableness.
A district court's decision on a suppression motion is affirmed unless, after resolving conflicting evidence in favor of affirmance, there is insufficient competent evidence to support the decision or the decision goes against the manifest weight of the evidence.

Disciplinary Board v. Balerud (CONFIDENTIAL) 2004 ND 99
Docket No.: 20040113
Filing Date: 5/7/2004
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer placed on disability inactive status until further order of the Court.

State v. McClary 2004 ND 98
Docket No.: 20030237
Filing Date: 5/5/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Neumann, William

Highlight: A jury verdict is inconsistent when, under the jury instructions and evidence, the verdict cannot be rationally reconciled.
A trial court may not question the jury about how it arrived at its verdict.

Tibert, et al. v. City of Minto, et al. (Cross ref. w/20030208) 2004 ND 97
Docket No.: 20030207
Filing Date: 5/5/2004
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A district court's legal conclusion of mootness is reviewed de novo.
A common-law dedication must be proven by clear and convincing evidence. The party attempting to establish the existence of the common-law dedication must show there was an intention to dedicate and a public acceptance of the dedication.
Whether a common-law dedication occurred is a question of fact which will not be disturbed on appeal unless clearly erroneous.

Haley v. Dennis, et al. 2004 ND 96
Docket No.: 20030284
Filing Date: 5/5/2004
Case Type: Appeal - Civil - Malpractice
Author: Maring, Mary

Highlight: A jury verdict that assesses a percentage of fault to the defendant after finding the defendant was not negligent is an inconsistent and irreconcilable verdict.
When the jury during deliberations requests additional instruction on a substantive point of law, the court must notify the parties or counsel before responding to the jury's request.

Hilgers v. Hilgers (Cross-reference w/ 20010208) 2004 ND 95
Docket No.: 20030252
Filing Date: 5/5/2004
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: N.D.R.Civ.P. 6(e), permitting an additional three days to be added to the time for service by mail, does not apply to extend the time when the time begins to run only after actual receipt of notice.
A letter opinion is not an appealable order unless followed by a subsequently entered consistent judgment or order.
The Supreme Court exercises its supervisory authority only to rectify errors and prevent injustice when no adequate alternative remedies exist.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.

Jaste v. Gailfus, et al. 2004 ND 94
Docket No.: 20030261
Filing Date: 5/5/2004
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: A court errs by deciding summary judgment on a legal doctrine other than those raised by the parties unless the parties are given notice and an opportunity to be heard. The error is reversible if not harmless.

Wetsch v. ND Dept. of Transportation 2004 ND 93
Docket No.: 20030254
Filing Date: 5/5/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Refusal to submit to an onsite screening test constitutes a violation of informed consent law and may properly result in a one-year suspension of an individual's driver's license.
An individual's demand to have blood drawn for a chemical screening in a medical environment, such as a hospital, constitutes refusal under North Dakota's informed consent statute.

Airport Inn Enterprises, Inc. v. Ramage 2004 ND 92
Docket No.: 20040032
Filing Date: 5/5/2004
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A condition precedent is one that must be performed or happen before a duty of immediate performance arises on the promise that the condition qualifies.
When an agreement is conditioned upon obtaining financing, a condition precedent to performance of the agreement is created.
When financing is a condition precedent, there is no enforceable agreement until the financing is obtained.