Opinions

Jensen v. State (Consol. w/20020147-148) 2003 ND 28
Docket No.: 20020146
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order summarily denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Peltier v. State (Consolidated w/20020233, 20020234 & 20020235) 2003 ND 27
Docket No.: 20020232
Filing Date: 3/5/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Upon revocation of probation, the court is not bound by the terms of the plea agreement and may sentence a defendant to any sentence that was available at the time of the initial sentencing.

Continental Resources, Inc. v. Schmalenberger, et al. 2003 ND 26
Docket No.: 20020179
Filing Date: 2/21/2003
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

Highlight: Without a former client's consent, a lawyer may not represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interest of the former client.

Interest of T.M.H. (CONFIDENTIAL) 2003 ND 25
Docket No.: 20020138
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Juvenile Law
Author: Neumann, William

Highlight: Sufficient evidence existed to support placement of a delinquent minor in a residential facility rather than at the minor's parent's home.

Hartman v. Estate of Miller, et al. 2003 ND 24
Docket No.: 20020167
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: An insurer has a duty to act fairly and in good faith in dealing with its insured, including a duty of fair dealing in paying claims, providing defenses to claims, negotiating settlements, and fulfilling all other contractual obligations.
An insurer is held to know North Dakota law regarding the interpretation of an insurance contract.
In a personal injury protection endorsement for no-fault benefits, bodily injury includes post-traumatic stress disorder accompanied by physical manifestations.

State v. Olson (consol. w/20020092) 2003 ND 23
Docket No.: 20020091
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: Probation revocation is not a stage of a criminal proceeding.
Insanity is not a defense in determining whether the defendant violated a condition of probation, but it may be a relevant mitigating factor in determining whether probation should be revoked.

Disciplinary Board v. McKechnie 2003 ND 22
Docket No.: 20020194
Filing Date: 2/19/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b).
Details of prior private discipline should not be alleged in a petition for public discipline.
Expert testimony on the standard of care required in a legal malpractice action is not required to aid the trier of fact in determining whether an attorney's actions violate the rules of professional conduct.
An attorney-client relationship may arise when a putative client reasonably believes that a particular lawyer is representing him and the lawyer does not disabuse the individual of this belief.
An isolated instance of ordinary negligence does not constitute incompetent representation under the rules of professional conduct.

First Western Bank & Trust v. First Lutheran Church Foundation, et al. 2003 ND 21
Docket No.: 20020170
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case.
To warrant a new trial based on newly discovered evidence, it must appear the evidence is in fact newly discovered, and not merely the importance of it.

Hanson v. Hanson 2003 ND 20
Docket No.: 20020175
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: N.D.R.Civ.P. 59(j) does not apply to a motion for change of custody. Rather, a motion to modify custody is properly brought under N.D.C.C. 14-09-06.6.
A trial court's decision to modify custody is a finding of fact that will not be overturned unless it is clearly erroneous.

State v. Holzer 2003 ND 19
Docket No.: 20020180
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: When challenging the validity of a search warrant based on an allegation of information being omitted from the application for the warrant, the defendant must show (1) that the police omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading, and (2) that the affidavit if supplemented by the omitted information would not have been sufficient to support a finding of probable cause.