Opinions

Montgomery v. Montgomery (Cross-reference w/19910217) 2003 ND 135
Docket No.: 20030010
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: The trier of fact is entitled to weigh and evaluate testimony, and is not required to accept even undisputed testimony.
A trial court exercises broad discretion in determining whether to hold an individual in contempt.

McMorrow v. State 2003 ND 134
Docket No.: 20030007
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief.
A defendant alleging selective prosecution must show that the State has not generally prosecuted other similarly situated persons and that the State selected the defendant for prosecution for discriminatory reasons.
A defendant claiming ineffective assistance of counsel has the burden of proving counsel's performance was deficient and the deficient performance prejudiced the defendant.
A party waives an issue by not providing supporting argument, and without supportive reasoning or citations to relevant authorities, an argument is without merit.

State v. Ehli 2003 ND 133
Docket No.: 20030092
Filing Date: 8/20/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: Due process requires that parties be given notice and afforded a meaningful opportunity to present objections.

Langness v. Fencil Urethane Systems, et al. 2003 ND 132
Docket No.: 20030004
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: N.D.R.Ev. 702 envisions generous allowance of the use of expert testimony if proffered witnesses have some degree of expertise in the field in which they are to testify, and they need not have a formal title or be licensed in any particular field to qualify as an expert if their actual qualifications establish knowledge, skill, experience, training, or education in the field.
A trial court may allow the introduction of evidence that there was a settlement to explain the absence of a former party to a lawsuit.
A witness may not be questioned about wholly irrelevant matters merely for the purpose of contradicting those matters with other extrinsic evidence, and if irrelevant questions are asked and answered, the answer cannot be contradicted by cross-examination.

Benson v. Benson 2003 ND 131
Docket No.: 20030033
Filing Date: 8/30/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state.
A North Dakota court may decline to exercise jurisdiction upon determining that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.

McClure v. McClure 2003 ND 130
Docket No.: 20020351
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used.

Collette v. Clausen 2003 ND 129
Docket No.: 20030026
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others.
A supplier of a chattel has a duty to warn of dangers if the supplier knows or has reason to know the chattel is or is likely to be dangerous for the use for which it is supplied; has no reason to believe those for whose use the chattel is supplied will realize its dangerous condition; and fails to exercise reasonable care to inform the users of its dangerous condition or of the facts which make it likely to be dangerous.

Weiss, et al. v. Collection Center, Inc., et al. 2003 ND 128
Docket No.: 20020327
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt.
A cause of action for intentional infliction of emotional distress requires proof of extreme and outrageous conduct that is intentional or reckless and causes severe emotional distress.

Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020) 2003 ND 127
Docket No.: 20030002
Filing Date: 8/20/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent.
When a psychological parent and a natural parent each seek a court-ordered award of custody, the natural parent's paramount right to custody prevails unless the court finds it in the child's best interests to award custody to the psychological parent to prevent serious harm or detriment to the child.
As a prerequisite to awarding grandparent visitation, the trial court must determine whether the visitation would be in the best interests of the child and whether the visitation would interfere with the parent-child relationship.

Matter of Fosaaen (CONFIDENTIAL) 2003 ND 126
Docket No.: 20030195
Filing Date: 8/15/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to incapacitated status.