Opinions

Knodel v. Knodel 2003 ND 176
Docket No.: 20030143
Filing Date: 11/18/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

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

Hanson v. Director, N.D. Dept. of Trans. 2003 ND 175
Docket No.: 20030136
Filing Date: 11/17/2003
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Weaving twice onto the lane-dividing line on an interstate highway, even without erratic movement or sharp veering, can be sufficient to stop a vehicle.
A vehicle weaving within its own lane may be enough to justify the stop of a vehicle.
Although reasonable suspicion to stop a vehicle requires more than a "mere hunch," this standard does not require an officer to see a motorist violate a traffic law.
The totality of circumstances is considered when determining whether reasonable suspicion exists to stop a vehicle.

State v. Beciraj (see Docket Memo) 2003 ND 173
Docket No.: 20030035
Filing Date: 11/13/2003
Case Type: Appeal - Criminal - Arson
Author: Sandstrom, Dale

Highlight: The crime of conspiracy is limited to agreements to engage in a crime or crimes that are defined elsewhere.
Conspiracy does not require that an offense actually be committed as long as there is an agreement and an overt act to effect an objective of the conspiracy.
The act for the purpose of conspiracy can range from an act that would be innocent in the absence of a conspiracy to the actual commission of the offense agreed upon.
Conspiracy to commit arson by damaging or destroying one's own property for the purpose of collecting insurance on the loss, may occur even when, unknown to the conspirators, the insurance has lapsed.
Evidence of a prior home fire may be properly admitted if its probative value outweighs any danger of unfair prejudice and the evidence is not used to prove character but is used to show a plan for committing arson for the purpose of collecting insurance.

Litoff v. Pinter 2003 ND 172
Docket No.: 20030074
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Although visitation between a child and the noncustodial parent is ordinarily presumed to be in the best interest of the child, visitation may be curtailed or eliminated entirely if it is likely to endanger the child's physical or emotional health.

State v. Beciraj (see Docket Memo) 2003 ND 171
Docket No.: 20030030
Filing Date: 11/13/2003
Case Type: Appeal - Criminal - Arson
Author: Maring, Mary

Highlight: Obvious errors affecting substantial rights may be addressed on appeal even if the error was not brought to the attention of the trial court.
Obvious error requires an appellant must establish (1) an error, (2) that is plain, which (3) affects substantial rights.
N.D.R.Ev. 404(b) prohibits the use of character evidence except for certain purposes.

Disciplinary Board v. McKechnie (Cross-reference w/ 20020199) 2003 ND 170
Docket No.: 20030153
Filing Date: 11/13/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney is appropriately suspended from the practice of law when this Court finds clear and convincing evidence of an ethical violation.
An attorney's disciplinary record is properly considered as an aggravating factor when it has been determined an attorney violated an ethical duty.

Akerlind v. Buck, et al. 2003 ND 169
Docket No.: 20030139
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: The credibility of witnesses, including expert witnesses, and the weight to be given their testimony, are questions for the trier of fact.
A partnership agreement controls whether partners are entitled to compensation for services provided to the partnership.
A partner breaches a fiduciary duty if the partner fails to keep fiduciary property separate and distinct and uses partnership property for the partner's personal benefit.
Whether a person has breached a fiduciary duty is a finding of fact.

State v. $17,515.00 in Cash Money, et al. 2003 ND 168
Docket No.: 20030008
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: There is no constitutional right to a jury trial in a drug-related forfeiture proceeding.
In a contested drug-related forfeiture proceeding, the State must first show probable cause to believe the property is forfeitable, and then the burden of proof shifts to the claimant to prove by a preponderance of the evidence that the property is not forfeitable.

Reineke v. Reineke 2003 ND 167
Docket No.: 20030014
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: The Ruff-Fischer guidelines apply to both property division and spousal support, which ordinarily must be considered together.
Both economic and noneconomic fault are proper factors for the trial court to consider in dividing marital property.
The appointment of a custody investigator or a guardian ad litem is committed to the trial court's discretion.

Damron v. Damron 2003 ND 166
Docket No.: 20030135
Filing Date: 11/13/2003
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A custodial parent's homosexual household is not grounds for modifying custody within two years of a prior custody order in the absence of evidence the children's environment endangers or potentially endangers the children's physical or emotional health or impairs the children's emotional development.