Opinions

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).

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.