Opinions

Coons v. Coons 2003 ND 115
Docket No.: 20020169
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence.

Interest of K.P. 2003 ND 114
Docket No.: 20030175
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others.

Rist v. ND Dept. of Transportation 2003 ND 113
Docket No.: 20020303
Filing Date: 7/16/2003
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct.
If an officer learns something during a caretaking encounter that causes a reasonable suspicion or probable cause, the encounter can lead to further investigation, seizure, and even arrest.
Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the vehicle's operability or the location of the vehicle's ignition key.

Van Klootwyk, et al. v. Baptist Home 2003 ND 112
Docket No.: 20020325
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Malpractice
Author: Neumann, William

Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home.

State v. Dimmitt 2003 ND 111
Docket No.: 20030018
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Neumann, William

Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea.
The State's failure to make an agreed upon sentence recommendation may result in a manifest injustice in the sentencing process entitling the defendant to withdraw his guilty plea.

Tarnavsky v. Tarnavsky, et al. 2003 ND 110
Docket No.: 20020292
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive.
A trial court has discretion to grant a motion to amend pleadings to conform to the evidence under N.D.R.Civ.P. 15(b).

John T. Jones Construction Co. v. City of Grand Forks 2003 ND 109
Docket No.: 20020195
Filing Date: 7/16/2003
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Parties to an arbitration agreement cannot contractually expand the scope of judicial review of an arbitration award beyond that provided by the Uniform Arbitration Act.
The Uniform Arbitration Act does not authorize Supreme Court review of an arbitration award that has not been subject to review in the district court.

State v. Matthews 2003 ND 108
Docket No.: 20020261
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: A warrantless search of a dwelling for the purpose of investigation may be upheld under the emergency doctrine when the primary intent of the investigation is to render aid or assistance to someone in a dangerous situation.
An emergency doctrine search requires that: (1) the police have reasonable grounds to believe there is an emergency at hand and there is an immediate need for police assistance for the protection of life or property; (2) the search must not be motivated primarily by intent to arrest and seize evidence; (3) there must be some reasonable basis, approximating probable cause, to associate the emergency with the area or place to be searched.

State v. Heupel 2003 ND 107
Docket No.: 20020328
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Convictions for theft by deception and tampering with physical evidence are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Schmidt 2003 ND 106
Docket No.: 20020277
Filing Date: 7/16/2003
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal trespass conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).