Opinions

Fercho v. Remmick 2003 ND 85
Docket No.: 20020286
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An appellate court decides the threshold issue of mootness before reaching the merits of an appeal.
An appeal is moot if an appellate court is unable to render effective relief due to the lapse of time, or the occurrence of an event before the appellate court renders its decision.
An appeal will be dismissed if the issue becomes moot and there is no actual controversy to be decided.

Matter of Garrison State Bank and Trust 2003 ND 84
Docket No.: 20020341
Filing Date: 6/3/2003
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: If the party moving for summary judgment meets its initial burden of showing the absence of a genuine issue of material fact, the nonmoving party may not rely on mere allegations, but must present competent evidence by affidavit or other comparable means creating a material factual dispute.

State v. Moore 2003 ND 83
Docket No.: 20020305
Filing Date: 5/3/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: The right to appeal and the deadline for filing an appeal are statutory.
A defendant may not appeal the dismissal of a charge without prejudice.

Disciplinary Board v. Giese 2003 ND 82
Docket No.: 20020315
Filing Date: 6/3/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney is suspended from the practice of law and ordered to pay costs and restitution for violating N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e) and N.D.R. Lawyer Discipl. 1.2(a)(3).
The prohibition of transactions between an attorney and a client continues as long as the influence arising from the attorney-client relationship continues.
An attorney's prior advice to seek independent counsel for a prohibited transaction does not govern a subsequent variation of that transaction.
An attorney is an officer of the court and may be disciplined for conduct as a litigant in a civil action.

State v. Fields 2003 ND 81
Docket No.: 20020269
Filing Date: 6/3/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: During an investigatory stop of a vehicle, a traffic violator can be temporarily detained until the legitimate investigative purposes of the traffic stop have been completed.
Once the legitimate purposes of a traffic stop are completed, a continued seizure of a traffic violator violates the Fourth Amendment unless the officer has a reasonable and articulable suspicion to believe that criminal activity is afoot.

Weninger v. Grzeskowiak 2003 ND 80
Docket No.: 20030009
Filing Date: 5/3/2003
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Hoffner, et al. v. Johnson, et al. 2003 ND 79
Docket No.: 20020208
Filing Date: 5/12/2003
Case Type: Appeal - Civil - Malpractice
Author: VandeWalle, Gerald

Highlight: The six-year statute of repose for medical malpractice actions under N.D.C.C. 28-01-18(3) does not violate equal protection.
For equitable estoppel precluding application of a statute of limitation or repose, the plaintiff must show affirmative deception by the defendant.

Morton Co. Social Service Bd. v. Hakanson 2003 ND 78
Docket No.: 20020278
Filing Date: 5/6/2003
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A child support order is modified when past due child support obligations are forgiven.
When a child support judgment is transcribed and filed with the clerk of court in another county for the purpose of enforcement, the original county does not lose continuing jurisdiction for all other child support matters, such as modification of the original judgment.

Sommers v. Sommers 2003 ND 77
Docket No.: 20020149
Filing Date: 5/6/2003
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A party moving to dismiss an appeal for acceptance of benefits of a judgment must clearly establish waiver of the right to appeal by the other party.
Ordinarily, fair market value, not liquidation value, is the proper method of valuing property in a divorce.
In valuing a business that is not going to be liquidated, expenses and theoretical tax liabilities that would only be incurred upon liquidation should not be deducted.

State v. Thorson 2003 ND 76
Docket No.: 20020212
Filing Date: 5/6/2003
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: To establish obvious error, the defendant has the burden to show (1) error, (2) that is plain, and (3) that affects substantial rights.
Under N.D.R.Crim.P. 16, the prosecution must disclose, upon the defendant's request, names and statements of witnesses the prosecution intends to call and also the relevant statements within the prosecution's possession or control of other persons.
The defendant's failure to discover evidence from a lack of reasonable diligence defeats a Brady claim that the prosecution withheld that evidence.