Opinions

State v. Mohamed 2002 ND 198
Docket No.: 20020130
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Sundby 2002 ND 197
Docket No.: 20020340
Filing Date: 12/11/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Larson v. Larson 2002 ND 196
Docket No.: 20020129
Filing Date: 12/10/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Neumann, William

Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal.

Greybull v. Harlan 2002 ND 195
Docket No.: 20020204
Filing Date: 12/6/2002
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Giese v. Giese 2002 ND 194
Docket No.: 20020168
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard.
In deciding whether to award attorney fees to a party in a divorce case, the court may consider whether one party's actions have unreasonably increased the time and effort spent on the dispute.

State v. Jones 2002 ND 193
Docket No.: 20020118
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right.
A defendant must prove alleged false statements in an affidavit in support of a search warrant were made knowingly and intentionally, or with reckless disregard for the truth.
A motion to dismiss based on official misconduct is properly denied when there was no evidence to support any act of misconduct by the prosecutor.

Ramsey Co. Social Serv. Bd., et al. v. Kamara 2002 ND 192
Docket No.: 20020174
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred.
Income for incarcerated persons may be imputed at the minimum wage.

Interest of F.R.S. 2002 ND 191
Docket No.: 20020189
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

State v. Skorick 2002 ND 190
Docket No.: 20020090
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A trial court errs when it permits witnesses to remain in the courtroom for purposes of returning as rebuttal witnesses despite a request for sequestration. The error may be harmless when the testimony by the rebuttal witness did not affect the defendant's substantial rights.
The control and scope of opening and closing arguments is largely a matter left to the discretion of the trial court, and a case will not be reversed on the ground that the prosecutor exceeded the scope of permissible closing argument unless a clear abuse of discretion is shown.

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.