Opinions

Nagel v. City of Bismarck 2004 ND 9
Docket No.: 20030265
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Maring, Mary

Highlight: A writ of mandamus may be the proper remedy for a city police officer who claims wrongful termination in violation of city ordinances and police department general orders.
Absent an abuse of discretion, a trial court's denial of a petition for a writ of mandamus will not be overturned.
A party seeking a writ of mandamus bears the burden of demonstrating a clear legal right to the performance of the particular acts sought to be compelled by the writ.
A party seeking a writ of mandamus must have no other plain, speedy, and adequate remedy in the ordinary course of the law.
Mandamus is unavailable if an appeal is authorized from an adverse decision.

Interest of W.O. (CONFIDENTIAL) (cross-reference w/20030323 & 20030340) 2004 ND 8
Docket No.: 20030358
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: An appeal of a district court's amended order revoking less restrictive treatment is rendered moot once the patient is released from the hospital and is placed on an identical order for less restrictive treatment.

Lee v. ND Dept. of Transportation 2004 ND 7
Docket No.: 20030168
Filing Date: 1/14/2004
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: In a driver's license administrative hearing involving an Intoxilyzer test, documentation requirements are not met when the approved method of administering the test is not admitted into evidence.

Eagleman v. State 2004 ND 6
Docket No.: 20030149
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: The movant for summary disposition of a petition for post-conviction relief bears the burden of showing there is no dispute as to either the material facts or the inferences to be drawn from undisputed facts and that the movant is entitled to judgment as a matter of law.
Ordinarily, a claim of ineffective assistance of counsel should be resolved in a post-conviction relief proceeding so the parties can fully develop a record on the issue of counsel's performance and the impact on the defendant's case.
An unconditional guilty plea constitutes an admission of all the essential elements of the crime charged, including admission of jurisdictional facts.

Binek v. Binek 2004 ND 5
Docket No.: 20030154
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: The enforceability of a premarital agreement entered into prior to the adoption of N.D.C.C. ch. 14-03.1 is governed by common law.
A premarital agreement is enforceable under the common law if it is fair, reasonable, equitable, and just; does not contravene public policy; and was fairly entered into.
An award of spousal support is not precluded by a premarital agreement that applies only to the couple's property in the form of a property distribution as a result of divorce.

Fargo Glass and Paint v. Randall 2004 ND 4
Docket No.: 20030196
Filing Date: 1/14/2004
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Civ.P. 60(a), there is no clerical mistake in a judgment if it accurately reflects uncontroverted evidence in the proceedings.
Rule 60(a) cannot be used to introduce a new party to an action.

State v. Heckelsmiller 2004 ND 3
Docket No.: 20030179
Filing Date: 1/14/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction of Criminal Trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Judicial Vacancy in District Judgeship No. 2, East Central Judicial Dt 2004 ND 2
Docket No.: 20040008
Filing Date: 1/14/2004
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

State v. Skalicky (Consol. w/20030164-20030167) 2004 ND 1
Docket No.: 20030163
Filing Date: 1/14/2004
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Saefke v. Stenehjem, et al. 2003 ND 202
Docket No.: 20030202
Filing Date: 12/29/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: An action by a private party against the attorney general to challenge the correctness of an attorney general's opinion does not present a justiciable controversy.
A petitioner is not entitled to a writ of mandamus to compel a state's attorney to institute proceedings because the petitioner has a plain, speedy, and adequate remedy available under N.D.C.C. 11-16-06.
An order refusing to appoint a private attorney to initiate proceedings under N.D.C.C. 11-16-06 is not appealable.
The Supreme Court's jurisdiction to issue a supervisory writ is discretionary.