Opinions

State v. Bergstrom 2004 ND 48
Docket No.: 20030160
Filing Date: 2/27/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: A search warrant is valid if it is supported by probable cause and it particularly describes the place to be searched and the persons or things to be seized.
A four-factor balancing is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.

Vandall v. Trinity Hospitals, et al. 2004 ND 47
Docket No.: 20030255
Filing Date: 2/27/2004
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: There is no common law tort for retaliatory discharge in North Dakota because of the statute.
A 180-day statute of limitations governs a claim for retaliatory discharge.
An individual who merely provides facts concerning the conduct of another to an administrative board possessing the authority to issue charges is not liable for wrongful use of civil proceedings before an administrative board.
In a claim for intentional infliction of emotional distress, the conduct must be so extreme in degree as to be beyond all possible bounds of decency and utterly intolerable in a civilized society.
A trial court may award attorneys' fees to a prevailing party in an action for retaliatory discharge brought under the statute.

Muhammed v. Welch 2004 ND 46
Docket No.: 20030182
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Service on a decedent's widower is not service on the decedent's estate.
The fraudulent concealment necessary to extend a statute of limitations an additional year under section 28-01-24, N.D.C.C., relates to concealment of the cause of action, not concealment of the death of a party.
Equitable estoppel may preclude application of a statute of limitations as a defense by one whose actions mislead another, inducing that person to not file a claim within the statutory period.
An insurance adjuster acting for an insurance company may be considered the agent of the insured so as to estop the defendant-insured from raising the statute of limitations defense.
Representatives of a deceased defendant may have an affirmative duty to inform the plaintiff of the defendant's death.

Harfield, et al. v. Tate (Cross-ref. w/19980345) 2004 ND 45
Docket No.: 20030039
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The commission of an act cannot be proved by showing the commission of similar acts by the same person at other times, or by showing the act was in conformity with the person's character or a character trait.

State v. Lemons 2004 ND 44
Docket No.: 20030029
Filing Date: 2/25/2004
Case Type: Appeal - Criminal - Assault
Author: Neumann, William

Highlight: A trial court's refusal to allow a defense witness to testify by telephone is not an abuse of discretion because the Rules of Criminal Procedure provide that all testimony is to be taken orally in open court.
Denial of a motion for continuance to procure an absent witness is not obvious error when a defendant fails to demonstrate the denial affected a substantial right.
Without a showing of prejudice, a trial court's denial of a motion for new trial is not an abuse of discretion.

State v. Ochoa (Consolidated w/20030133) 2004 ND 43
Docket No.: 20030132
Filing Date: 2/25/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Without an unequivocal waiver of the constitutional right to counsel or an unequivocal assertion of the constitutional right to self-representation, a trial court is not required to permit self-representation or inquire into the issue of self-representation.
Hybrid representation is not a constitutional right. A defendant's request to proceed in such a manner is not an unequivocal assertion of a defendant's Sixth Amendment right to self-representation.

Wutzke v. Hoberg, et al. 2004 ND 42
Docket No.: 20030300
Filing Date: 2/25/2004
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Maring, Mary

Highlight: A party seeking a writ of mandamus bears the burden of demonstrating a clear legal right to the performance of the particular acts to be compelled by the writ and must demonstrate there is no other plain, speedy, and adequate remedy in the ordinary course of law.

Seibel v. Seibel 2004 ND 41
Docket No.: 20030095
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Dixon v. McKenzie Co. Grazing Association 2004 ND 40
Docket No.: 20030005
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The governing body of a cooperative grazing association is subject to the general law governing directors of cooperatives.
The good-faith acts of cooperative directors within the cooperative's power and in the exercise of honest business judgment are valid.
A court generally will not interfere with or regulate the conduct of a cooperative's directors in the reasonable and honest exercise of their judgment and duties when their judgment is uninfluenced by personal consideration.

St. Claire, et al. v. St. Claire 2004 ND 39
Docket No.: 20030233
Filing Date: 2/25/2004
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Although prisoners have diminished constitutional protections, they maintain a due process right to reasonable access to the courts.
Procedural due process requires fundamental fairness, which, at a minimum, necessitates notice and a meaningful opportunity for a hearing appropriate to the nature of the case.
A person's due process right to appear may be satisfied by allowing appearance via telephone.