Opinions

State v. Lura (Consolidated w/20030186-20030194) 2004 ND 70
Docket No.: 20030185
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: Drug convictions summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Weaver v. State 2004 ND 69
Docket No.: 20030325
Filing Date: 4/13/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Dismissal of second petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Provost (cross-ref. w/20030227 & 20030229-20030231) 2004 ND 68
Docket No.: 20030228
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for simple assault on a peace officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Stensaker 2004 ND 67
Docket No.: 20030204
Filing Date: 4/13/2004
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Heinz v. Heinz 2004 ND 66
Docket No.: 20030301
Filing Date: 4/13/2004
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Amended divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Jundt v. Jurassic Resources, et al. (cross-ref. w/20010313) 2004 ND 65
Docket No.: 20030216
Filing Date: 3/26/2004
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: What could have been presented in a prior appeal may not be heard on a later appeal.
A N.D.R.Civ.P. 68 settlement offer must present a clear baseline from which plaintiffs may evaluate the merits of their case relative to the value of the offer.
To trigger the mandatory cost-shifting provision, a defendant seeking costs under N.D.R.Civ.P. 68 must show that the offer was more favorable than the judgment.

Graves v. State Board of Law Examiners 2004 ND 64
Docket No.: 20030137
Filing Date: 3/26/2004
Case Type: Board of Law Examiners - Other - Other
Author: Per Curiam

Highlight: The due process clause requires that the State Board of Law Examiners employ fair procedures, including a fair and impartial tribunal, when processing applications for admission to the bar.

St. Benedict's Health Center v. ND Dept. of Human Services 2004 ND 63
Docket No.: 20030289
Filing Date: 3/25/2004
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: Administrative regulations for setting Medicaid reimbursement rates involve complex and technical matters calling for agency expertise, and the Department of Human Services' expertise in interpreting its reimbursement regulations is entitled to deference.

Oldham v. Oldham 2004 ND 62
Docket No.: 20030072
Filing Date: 3/25/2004
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A party waives an issue by not providing supporting argument.
Without supportive reasoning or citations to relevant authorities, an argument is without merit.

Gratech Company, Ltd., et al. v. ND Dept. of Transportation 2004 ND 61
Docket No.: 20030203
Filing Date: 3/23/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: All disputes arising out of any contract entered into by the Department of Transportation for the construction or repair of highways must be submitted to arbitration.
As a condition precedent to arbitration of a highway construction dispute, a contractor seeking additional compensation for work not covered in the contract must file a written notice of claim.