Opinions

Giese v. Giese (cross-ref. w/20020168) 2004 ND 58
Docket No.: 20030278
Filing Date: 3/23/2004
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Civil contempt requires a willful and inexcusable intent to violate a court order. The trial court's finding of contempt will not be overturned unless there is a clear abuse of discretion.
A trial court may award attorney fees as part of the compensation to a complainant in contempt proceedings.

Interest of D.V.A. (CONFIDENTIAL) 2004 ND 57
Docket No.: 20030304
Filing Date: 3/23/2004
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Experts in proceedings to commit sexually dangerous individuals may rely upon information reasonably relied upon by other experts in the particular field when forming opinions regarding whether an individual is sexually dangerous.
Information relied upon by experts in commitment proceedings under N.D.C.C. ch. 25-03.3 need not be admissible in evidence.
N.D.C.C. ch. 25-03.3 does not require the State to establish a respondent is not mentally retarded.

Ensign v. Bank of Baker 2004 ND 56
Docket No.: 20030234
Filing Date: 3/23/2004
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The filing of a Uniform Commercial Code financing statement by a nonresident defendant and its two inspections of collateral in the forum state do not constitute a voluntary or purposeful effort to do business in the forum state for purposes of establishing personal jurisdiction over the nonresident defendant.

Groleau v. Bjornson Oil Co., et al. 2004 ND 55
Docket No.: 20030171
Filing Date: 3/23/2004
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Under premises liability law, a defendant must have had control over the property where the injury occurred in order to find the defendant owed a duty to entrants upon the property.
Although a landowner generally owes a duty to lawful entrants to maintain property in a reasonably safe condition, the landowner's duty is limited when a dangerous condition is known or obvious to the entrant.
A landowner is not liable to entrants for injury caused by a known or obvious danger unless the landowner should anticipate the harm despite such knowledge or obviousness.
The determination whether a dangerous condition is open and obvious is generally a question of fact for the trier of fact.

Dettler v. Sprynczynatyk, Director, DOT 2004 ND 54
Docket No.: 20030292
Filing Date: 3/23/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: In an administrative agency appeal, the specifications of error must identify what matters are truly at issue with sufficient specificity to fairly apprise the agency, other parties, and the court of the particular errors claimed.
The purpose of the specificity requirement is to prevent meaningless specifications of error.
Boilerplate specifications of error are insufficient as a matter of law.
A fact-finder can draw reasonable inferences from the evidence.

State v. Schiele 2004 ND 53
Docket No.: 20030294
Filing Date: 3/23/2004
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction for luring a minor by computer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of K.P. (CONFIDENTIAL) (cross-ref. w/20030175) 2004 ND 52
Docket No.: 20040049
Filing Date: 3/10/2004
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: The party moving for a change of venue must establish that the convenience of witnesses and the ends of justice would be promoted by the change.
To modify an alternative treatment order and require hospitalization, the district court must find noncompliance with the terms of the order or find the order is insufficient to prevent the individual under the order from inflicting harm or injuries upon the individual or others.
Any amount of noncompliance with an alternative treatment order is cause for modification.

State v. Wilson 2004 ND 51
Docket No.: 20030112
Filing Date: 3/1/2004
Case Type: Appeal - Criminal - Theft
Author: Neumann, William

Highlight: A defendant challenging the sufficiency of the evidence must show that the evidence, when viewed in the light most favorable to the verdict, supports no reasonable inference of guilt.
Failure to give defendant's requested instruction is not error when the requested instruction misstates the law and when the instruction might unnecessarily confuse the jury.

State v. Pettit 2004 ND 50
Docket No.: 20030244
Filing Date: 3/1/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal conviction for accomplice to manufacturing methamphetamine is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Beaudoin v. South Texas Blood & Tissue Center 2004 ND 49
Docket No.: 20030148
Filing Date: 3/1/2004
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Removing, preserving, and delivery of body parts involves science or art requiring special skills not ordinarily possessed by lay persons and is governed by the two-year statute of limitations for malpractice.
A process server's service of process upon a corporation's Executive Office Manager will be deemed valid if a corporate employee identifies the Executive Office Manager as a proper person to accept service, the process server reasonably relies on that identifying representation, the Executive Office Manager served is of sufficient character and rank to make it reasonably certain that the defendant will be apprised of the service made, and the service results in actual delivery to a person responsible for protecting the corporation's interests in litigation.