Opinions

Hogan v. Hogan 2003 ND 105
Docket No.: 20020240
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: That the trial court's decision did not follow the custody investigator's recommendation is not convincing evidence that the court failed to adequately consider the report or erred in exercising its judgment in its custody award.
A party who fails to present specific evidence of a property's value lacks evidence that a trial court erred in granting a percentage of the marital or nonmarital estate in a property division if, at the time of the trial, the court finds the valuation is too speculative.

Public Service Commission v. Wimbledon Grain Co., et al. 2003 ND 104
Docket No.: 20020274
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: Farmers with unpaid credit-sale contracts with an insolvent grain buyer are "claimants" entitled to participate in the non-bond assets of the trust fund under N.D.C.C. 60-02.1-30, and the Public Service Commission is obligated to marshal the non-bond trust fund assets for their benefit.

Holman, et al. v. Berglund, et al. 2003 ND 103
Docket No.: 20020329
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

Highlight: Dismissal of a malpractice claim is summarily affirmed under N.D.R.App.P. 35.1(a)(7). Dismissal of a lack of informed consent claim is summarily reversed under N.D.R.App.P. 35.1(b).

Damron v. State 2003 ND 102
Docket No.: 20020295
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: To claim ineffective assistance of counsel in a plea agreement, a defendant must prove a serious dereliction on the part of the defendant's attorney that prevented the guilty plea from being anything other than knowingly and intelligently made.

Interest of I.K. (CONFIDENTIAL) 2003 ND 101
Docket No.: 20030131
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: Before a court may order an extension of a continuing alternative treatment order, it must find from specific evidence that the patient is mentally ill and that there is a reasonable expectation that if the individual went untreated, there exists a serious risk of harm to the patient, to others, or to property.
Statutory mandates must be followed before a court can order an individual requiring treatment to take prescribed medication.

Olander Contracting Co. v. Gail Wachter Investments, et al. 2003 ND 100
Docket No.: 20020330
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: After becoming final, an appellate judgment on the merits of a dispute should be set aside under N.D.R.Civ.P. 60(b) only in exceptional circumstances.
N.D.R.Civ.P. 60(b) can be used to relieve a party from a judgment by vacating it, but it cannot be used to award additional affirmative relief.

State v. Tognotti 2003 ND 99
Docket No.: 20030015
Filing Date: 6/14/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: An officer arresting a passenger in a vehicle can search the driver's purse incident to the arrest without violating the driver's Fourth Amendment rights. State v. Gilberts, 497 N.W.2d 93 (N.D. 1993), is overruled to the extent it is contrary to this holding.
A police officer cannot, consistent with the Fourth Amendment, direct a person to leave a purse in a vehicle and then proceed to search the purse incident to the arrest of another passenger in the vehicle.

Interest of A.B. (CONFIDENTIAL) 2003 ND 98
Docket No.: 20020309
Filing Date: 6/17/2003
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: VandeWalle, Gerald

Highlight: A juvenile court does not reversibly err in reversing a judicial referee's recommendation where the record before the juvenile court includes the undisputed factual matters necessary for resolution of the case and the issues involved in the case are legal issues.
Under the Indian Child Welfare Act, good cause not to transfer a child custody proceeding to tribal court exists if the proceeding is at an advanced stage when the petition to transfer is received, or if the evidence to decide the case cannot be adequately presented in the tribal court without undue hardship to the parties or the witnesses.
The Indian Child Welfare Act does not violate the substantive due process rights or equal protection rights of an Indian child.

Cue v. State 2003 ND 97
Docket No.: 20030013
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A court is required to give a criminal defendant, upon sentencing, credit for all time spent in custody as a result of the criminal charge or conduct for which the sentence is being imposed.
A defendant has the burden of showing he is entitled to additional sentence credit for time served in custody.

Peters-Riemers v. Riemers 2003 ND 96
Docket No.: 20020225
Filing Date: 6/17/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A moot issue will be determined if the controversy is one of great public interest and involves the authority and power of public officials or if the matter is capable of repetition, yet evading review.
An appeal does not stay proceedings for enforcement of a judgment.
An indigent pro se defendant in a privately-initiated contempt proceeding must be informed of the right to court-appointed counsel when a remedial contempt sanction includes the likelihood of incarceration.