Opinions

State v. Ballweg (consolidated w/20030052 & 20030053) 2003 ND 153
Docket No.: 20030051
Filing Date: 10/23/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Facts in a search warrant affidavit are not misleading if there was no reckless or deliberate falsity nor omitted information that would have negated probable cause.
A high degree of suspicion attaches to the collective purchase of ingredients and supplies used to manufacture methamphetamine.
The combination of the presence of anhydrous ammonia, the collective purchase of an amount of Sudafed inconsistent with personal use and other supplies used to manufacture methamphetamine, and concealment of a garage creates a substantial basis to conclude probable cause exists to search a premises for a methamphetamine manufacturing operation.

Disciplinary Board v. Edin 2003 ND 152
Docket No.: 20030272
Filing Date: 9/24/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Interest of Z.C.B. (CONFIDENTIAL) 2003 ND 151
Docket No.: 20030046
Filing Date: 9/23/2003
Case Type: Appeal - Criminal - Juvenile Law
Author: VandeWalle, Gerald

Highlight: A minor is not in custody and is not entitled to representation by his parents when he is asked common sense investigatory questions during a routine traffic stop.
When there is an odor of alcohol and a minor states he had a sip of alcohol, there is enough evidence to establish he is a minor in consumption of alcohol under N.D.C.C. 5-01-08.
There is no material distinction between consuming alcohol while driving and having recently consumed alcohol while driving. A petition that charges a minor with consuming alcohol while driving is sufficient to inform a minor of the charges against him and allow him to defend against them.

Torgerson v. Torgerson 2003 ND 150
Docket No.: 20030054
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order.
Income may not be imputed based on underemployment absent adequate evidence of the obligor's gross income from earnings and of the prevailing amounts earned in the community by persons with similar work history and occupational qualifications.
Under current child support guidelines, depreciation is not added back into an obligor's net income to determine support obligations.

United Valley Bank v. Lamb, et al. 2003 ND 149
Docket No.: 20030070
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Foreclosure
Author: Maring, Mary

Highlight: Rule 38, N.D.R.App.P., authorizes the court to award just damages and single or double costs, including attorney's fees for a frivolous appeal.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence during litigation which evidences bad faith.

Lamb v. Riemers 2003 ND 148
Docket No.: 20030130
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement.

Guardianship of Shatzka 2003 ND 147
Docket No.: 20030047
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Guardian/Conservator
Author: Neumann, William

Highlight: If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian.

Krank v. Krank 2003 ND 146
Docket No.: 20030071
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: In making its custody decision, the trial court is not required to make specific findings of fact on each factor under N.D.C.C. 14-09-06.2(1), but the court should consider all relevant factors in making the decision.

Orvedal v. Orvedal 2003 ND 145
Docket No.: 20030043
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference.
When a divorce decree provides for liberal visitation as agreed to by the parties, the inability of the parties to agree is a substantial change of circumstances for modification of visitation.
When a child support obligor is unemployed or underemployed, the trial court is permitted under the child support guidelines to impute income to the obligor.

Kjolsrud v. MKB Management Corp. 2003 ND 144
Docket No.: 20030023
Filing Date: 9/23/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: North Dakota's false advertising law authorizes "any person acting for the interests of itself, its members, or the general public" to bring an action to enjoin violations only if that person satisfies standing requirements.