Opinions

State v. Dunn 2002 ND 189
Docket No.: 20020154
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Persons have a reasonable privacy expectation in their personal property, which is protected by the Fourth Amendment proscription against unreasonable search and seizure.
A warrantless search or seizure of personal property that has been abandoned does not violate the Fourth Amendment. Abandonment is a question of fact.

Interest of D.Q., et al. (Confidential) (Consolidated w/20020079) 2002 ND 188
Docket No.: 20020078
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous.

Walker v. Walker 2002 ND 187
Docket No.: 20020062
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Use of the Bullock formula to distribute retirement pay is not mandatory if the overall distribution of marital property is equitable.
A property distribution may include offsetting monetary awards when it is impractical or unsound to liquidate essentially nonliquid assets.
In awarding spousal support, the trial court must balance the income and needs of the disadvantaged spouse against the supporting spouse's needs and ability to pay support.
Under appropriate circumstances, termination of temporary spousal support payments may be conditioned upon the supporting spouse's retirement, when the disadvantaged spouse has been awarded a portion of the supporting spouse's monthly retirement benefits.

Myhre v. ND Workers Comp. 2002 ND 186
Docket No.: 20020083
Filing Date: 12/4/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence a causal relationship between her employment and the medical condition for which benefits are sought.
To have a "compensable injury" under N.D.C.C. 65-01-02(11)(b)(7), a claimant must show the employment substantially accelerated the progression or substantially worsened the severity of a preexisting injury, disease, or other condition.

Hamilton v. Oppen, et al. 2002 ND 185
Docket No.: 20020045
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict.
The trial court's responsibility is to make certain expert testimony is reliable as well as relevant.
Relevant photographs may be excluded from evidence if their probative value is substantially outweighed by the danger of unfair prejudice.

Jensen v. State 2002 ND 184
Docket No.: 20020166
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Robinson 2002 ND 183
Docket No.: 20020070
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Defendant's sentence for accomplice to attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Asbridge 2002 ND 182
Docket No.: 20020271
Filing Date: 11/21/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for 30 days.

Jacobson v. Garaas (Consolidated w/ 20020113) 2002 ND 181
Docket No.: 20020103
Filing Date: 11/15/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him.
A lawyer's free speech rights are extremely limited in the courtroom during judicial proceedings. Sanctioning a lawyer for disruptive, belligerent, and disrespectful in-court statements does not violate his right to free speech.

Intel-Foods Corporation v. Alexander, et al. 2002 ND 180
Docket No.: 20020112
Filing Date: 11/15/2002
Case Type: Appeal - Civil - Corporations
Author: Per Curiam

Highlight: An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).