Opinions

Peters-Riemers v. Riemers 2004 ND 28
Docket No.: 20030081
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A pro se defendant in a contempt proceeding must be informed of the right to court-appointed counsel when a remedial contempt sanction includes the likelihood of incarceration.

Baier v. Job Service ND, et al. 2004 ND 27
Docket No.: 20030287
Filing Date: 1/28/2004
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: A person is disqualified from receiving unemployment benefits if discharged for misconduct in connection with employment.
An employee who deliberately violates or disregards standards of behavior that the employer rightfully expects is guilty of disqualifying misconduct.

Pierce, et al. v. B.P.O. of Elks 2004 ND 26
Docket No.: 20030017
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Whether a lessee has surrendered a lease by operation of law or made a good-faith attempt to mitigate damages for the lessor's breach of the lease is a question of fact not subject to disposition by summary judgment.

Interest of J.P. and D.P. (CONFIDENTIAL)(Consolidated w/20030118) 2004 ND 25
Docket No.: 20030117
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: Under state law, a juvenile court may terminate parental rights if a child is deprived, the conditions and causes of the deprivation are likely to continue, and the child is suffering, or will in the future probably suffer, serious physical, mental, moral, or emotional harm.
Under the Indian Child Welfare Act, a petitioner for termination of parental rights must (1) demonstrate by clear and convincing evidence that active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts were unsuccessful, and (2) prove continued custody of a child by a parent or Indian custodian is likely to result in serious emotional or physical damage to the child by proof beyond a reasonable doubt.

Gross v. ND Dept. of Human Services (cross-reference w/20020086) 2004 ND 24
Docket No.: 20030224
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The Dept. of Human Services may place a Medicaid recipient in the lock-in program for excessive utilization of medical services from more than one provider when those excessive medical services may increase the possibility of adverse affects to the recipient's health or may result in a decrease in the overall quality of care to the recipient and when there is little or no evidence of a medical need.

State v. Roth 2004 ND 23
Docket No.: 20030102
Filing Date: 1/28/2004
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Irrelevant information in an affidavit for a search warrant will not negate a magistrate's finding of probable cause, if there is also enough other information in the affidavit to support the finding of probable cause. It is the duty of the magistrate to filter out the non-probative information and examine the remaining information to determine whether probable cause exists for issuance of the search warrant.
There was no violation of defendant's right to be free from unreasonable searches and seizures when, in executing a valid search warrant with an invalid no-knock provision, officers functionally excised the invalid portion of the search warrant by knocking and announcing their presence prior to entering the residence.

Chapman v. Chapman 2004 ND 22
Docket No.: 20030094
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A party is entitled to have a court decide the merits of a dispute only after demonstrating standing to litigate the issues placed before the court.
Only parties may appeal district court decisions.
Issues may not be raised for the first time on appeal.

Winer v. Penny Enterprises, Inc., et al. 2004 ND 21
Docket No.: 20030114
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: A dismissal without prejudice is appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
A state district court lacks subject-matter jurisdiction over an action brought by a non-Indian plaintiff against Indian defendants for damages resulting from a motor vehicle accident on a state highway within the exterior boundaries of an Indian reservation.

Wohlwend v. Wohlwend 2004 ND 20
Docket No.: 20030243
Filing Date: 1/28/2004
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Judicial Vacancy in District Judgeship No. 3, East Central Judicial Dt 2004 ND 19
Docket No.: 20040029
Filing Date: 1/28/2004
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.