Opinions
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5801 - 5900 of 12137 results
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Hemmesch v. Bonebrake
2002 ND 168 Highlight: Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4). |
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Johnson v. ND Dept. of Transportation
2002 ND 167 Highlight: License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Whiteman v. State
2002 ND 166 Highlight: Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Judicial Conduct Commission v. Berg
2002 ND 165 Highlight: Former municipal judge censured and prohibited from serving in the future as a municipal judge. |
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Interest of K.S. and A.S. (CONFIDENTIAL)
2002 ND 164 Highlight: To terminate parental rights under N.D.C.C. 27-20-44(1)(b)(1), the juvenile court must find clear and convincing evidence that: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm. |
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State v. Jones
2002 ND 163 Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion. |
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Kimball v. Landeis, et al.
2002 ND 162
Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences. |
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Gross v. N.D. Dept. of Human Services
2002 ND 161 Highlight: A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order. |
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Huntress, et al. v. Griffey
2002 ND 160 Highlight: When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision. |
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Quamme v. Bellino
2002 ND 159
Highlight: When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues. |
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Argenziano v. State
2002 ND 158 Highlight: Summary judgment dismissing a breach of contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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J.B. v. M.R. (CONFIDENTIAL)
2002 ND 157 Highlight: Custody judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Guthmiller
2002 ND 156 Highlight: The trial court's forfeiture order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Butz
2002 ND 155 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Interest of R.O. (CONFIDENTIAL)
2002 ND 154 Highlight: Less than 24 hours notice before an involuntary commitment hearing is inadequate notice to permit preparation for the hearing. |
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Grad v. Jepson
2002 ND 153
Highlight: The standard of review for a minor child's name change petition is abuse of discretion. |
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State v. Faleide
2002 ND 152 Highlight: A trial court may not order permanent forfeiture of personal property as a condition of probation. |
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Johnson v. Johnson (Cross-reference w/990353)
2002 ND 151
Highlight: Because parents have a mutual duty to support their children, failure to award interim child support to the custodian of a child is error as a matter of law. |
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Andes v. Brogdin, et al.
2002 ND 150 Highlight: A trial court judgment dismissing a negligence action is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Keller (CROSS-REF. w/ 20010305, 20020018-20020020)
2002 ND 149 Highlight: Attorney disbarred. |
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Rose v. United Equit. Ins. Co., et al.(CONSOL.w/20020095)
2002 ND 148
Highlight: The trial court has broad discretion in determining whether to certify a class action under N.D.R.Civ.P. 23. |
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Abel v. Allen
2002 ND 147
Highlight: A cause of action accrues when the right to commence it comes into existence, when it can be brought in a court of law without being subject to dismissal for failure to state a claim. |
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Bender, et al. v. Beverly Anne, Inc., et al.
2002 ND 146
Highlight: Under N.D.R.Civ.P. 60(a), errors in a judgment or order arising from oversights or omission may be corrected by the court at any time of its own initiative or on the motion of any party. |
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State v. Yineman
2002 ND 145
Highlight: To challenge a conviction based on the weight of the evidence, a defendant must make an appropriate motion to adequately preserve the issue for appeal. |
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Boehm v. Boehm
2002 ND 144
Highlight: The decision to grant or deny a motion for continuance is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Berger
2002 ND 143
Highlight: The beginning date of a probationary term is determined by the intent of the sentencing court as expressed in the language that created the probationary status. |
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City of Fargo v. Wonder
2002 ND 142
Highlight: When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply. |
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Comstock Construction, Inc. v. Sheyenne Disposal, Inc.
2002 ND 141
Highlight: A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard. |
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Mr. G's Turtle Mountain Lodge v. Roland Township, et al.
2002 ND 140
Highlight: An attempted appeal from a judgment that has been voluntarily paid and formally satisfied of record fails for lack of jurisdiction. |
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Grey Bear v. ND Dept. of Human Services, et al.
2002 ND 139
Highlight: The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury. |
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Hoffman v. ND Workers Comp. Bureau, et al.
2002 ND 138
Highlight: The Workers Compensation Bureau has an obligation to explain its disregard of evidence favorable to a claimant. |
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U.S. Bank v. Koenig, et al.
2002 ND 137
Highlight: Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor. |
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Roe v. Doe (CONFIDENTIAL)
2002 ND 136
Highlight: Under N.D.R.Civ.P. 60(b)(iv), the burden is on the moving party to show sufficient grounds exist for disturbing the finality of a judgment. |
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Geinert v. Geinert
2002 ND 135
Highlight: A modification of child support should generally be made effective from the date of the motion to modify, absent good reason to set some other date. If the trial court sets some later date, it must specifically explain its reasons for doing so. |
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Ziegelmann v. DaimlerChrysler Corp.
2002 ND 134 Highlight: An alleged product defect that has not manifested itself in such a way as to cause an observable adverse physical or economic harm does not constitute an injury that will support a class action lawsuit based on theories of negligence, fraud, and deceit. |
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State v. Keilen (Consolidated w/20020065 through 20020067)
2002 ND 133
Highlight: While the right to appeal is statutory, statutes conferring the right must be liberally construed. |
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Interest of D.Z. (CONFIDENTIAL)
2002 ND 132
Highlight: To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property. |
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Howes v. Kelly Services, Inc.
2002 ND 131
Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict. |
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State v. Bell
2002 ND 130
Highlight: Expert witnesses may testify when no objection is made as to their expertise and qualifications. |
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Rush v. ND Workers Comp., et al.
2002 ND 129 Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to the work injury. |
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Meide, et al. v. Stenehjem, et al.
2002 ND 128
Highlight: When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible. |
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New Town Public School Dist. v. State Bd. of Public School Ed.
2002 ND 127
Highlight: An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure. |
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BeauLac v. BeauLac
2002 ND 126
Highlight: To find a person in contempt of a prior court order, that person must have had actual notice or knowledge of that order. |
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Sjostrand v. ND Workers Comp., et al.
2002 ND 125
Highlight: The Workers Compensation Bureau's termination of an injured worker's disability benefits for a false claim or false statement, without first providing an opportunity for an evidentiary hearing, does not violate the worker's right to due process of law. |
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Petition to Change Judgeship No. 2 or No. 6 from Valley City to Jamestown
2002 ND 124 Highlight: Petition to move chambers from Valley City to Jamestown denied. |
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Interest of N.S. (CONFIDENTIAL)
2002 ND 123 Highlight: The district court order for continuing mental health treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Johnson Farms v. McEnroe
2002 ND 122 Highlight: A finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court is left with a definite and firm conviction a mistake has been made. |
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State v. Maurstad (CONSOLIDATED W/20010293)
2002 ND 121
Highlight: Challenges to probationary searches, authorized by a probationer's conditions of probation, are reviewed under the standard of whether the search was reasonable, after examining the totality of the circumstances, including whether the search was performed in a reasonable manner. |
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Lithun, et al. v. DuPaul
2002 ND 120 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Matrix v. TAG Investments, et al.
2002 ND 119 Highlight: An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs. |
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Kautzman v. Kautzman (Cross-ref.w/980004,990328,990386 & 20000083)
2002 ND 118 Highlight: A change of substance that contradicts the transcript of a deposition is impermissible unless it can plausibly be represented as the correction of an error in transcription. |
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Brandt v. Milbrath
2002 ND 117
Highlight: Although prior driving behavior may be probative of negligence and comparative negligence, it may be excluded because of a witness's uncertainty as to the identity of the vehicle or driver. |
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State v. Guthmiller (cross-reference 20020088)
2002 ND 116
Highlight: Whether probable cause exists to issue a search warrant is a question of law, and on appeal, the sufficiency of information before the magistrate is reviewed based on the totality of the circumstances. |
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Piatz, et al. v. Austin Mutual Ins. Co.
2002 ND 115
Highlight: When the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline to review the issue. |
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Shaw v. Shaw
2002 ND 114 Highlight: A child support obligor is entitled to an adjustment of a child support obligation for extended visitation if the trial court orders visitation or custody for the obligor parent that exceeds sixty out of ninety consecutive nights. |
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Nodak Mutual Ins. Co., et al. v. Stegman, et al. (Cross-Ref w/20000074)
2002 ND 113
Highlight: An acknowledgment of satisfaction of judgment must be notarized or otherwise witnessed and authenticated. |
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Phipps v. ND Dept. of Transportation
2002 ND 112
Highlight: A chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis. |
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Interest of R.K. (CONFIDENTIAL)
2002 ND 111
Highlight: The definition of a deprived child is broad enough to include a child whose parent, while never having had the opportunity to care for the child, is shown to be presently incapable of providing parental care for the child. |
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Sevland v. Sevland
2002 ND 110
Highlight: Supervised visitation is not required unless there is a serious bodily injury, use of a dangerous weapon, or a pattern of domestic violence. |
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Mayer v. Mayer
2002 ND 109 Highlight: Order refusing to vacate a stipulated divorce decree is summary affirmed under N.D.R.App.P. 35.1(a)(4). |
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Larson v. McMorrow
2002 ND 108 Highlight: The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Taylor
2002 ND 107 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Edwardson
2002 ND 106
Highlight: A lawyer who cannot comply with a discovery request without jeopardizing the client should withdraw from representation rather than violate the rules of professional conduct. |
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State v. Jackson (Consolidated w/20010299)
2002 ND 105 Highlight: It is not ineffective assistance of counsel to fail to move for a judgment of acquittal when the prosecution has presented a prima facie case. |
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Nowling, et al. v. BNSF Railway, et al.
2002 ND 104 Highlight: Under N.D. Const. art. XII, sec. 13, the right of way for an operating railroad line is a public highway that is not subject to adverse possession or acquiescence. |
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Corbett v. Corbett
2002 ND 103
Highlight: There must be some factual basis in the record for the length of time spousal support is awarded, but a specific plan of rehabilitation is not required. |
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State v. Stewart (Consolidated w/20010284)
2002 ND 102
Highlight: Under N.D.R.Ev. 609(a)(i), for the purpose of attacking the credibility of a testifying accused, evidence that the accused has been convicted of a felony that meets the time limit of subdivision (b) must be admitted if the court determines that the probative value of admitting that evidence outweighs its prejudicial effect. |
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Hansen, et al. v. Scott, et al.
2002 ND 101
Highlight: A trial court may grant a certification under N.D.R.Civ.P. 54(b) if the issues raised in the appeal will not be mooted by future developments in the trial court. |
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Dvorak v. Disciplinary Board
2002 ND 100 Highlight: Lawyer reinstated to the practice of law. |
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Matrix Properties Corp. v. JCG Investments, et al.
2002 ND 99
Highlight: A judgment quieting title to real property and an order denying a motion to alter, amend, or vacate the judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State ex rel. Clayburgh v. American West Community Promotions, Inc.
2002 ND 98
Highlight: When a transaction involves the transfer of both tangible personal property and intangible personal property, the true object of the transaction must be examined to determine if the transaction is subject to sales tax. |
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Skadberg v. Skadberg
2002 ND 97
Highlight: To support a petition for a disorderly conduct restraining order, the petitioner must present evidence of specific acts or threats constituting disorderly conduct. |
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Paul v. ND Workers Comp. Bureau
2002 ND 96 Highlight: The Bureau has the burden of establishing that a vocational rehabilitation plan provides a claimant with a reasonable opportunity to obtain employment. |
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State v. Laib
2002 ND 95
Highlight: Whether a defendant establishes statements made in support of a search warrant were intentionally false or made with reckless disregard of the truth is a finding of fact. |
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Eide v. Eide
2002 ND 94 Highlight: Order denying a motion for relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Churchill v. Churchill
2002 ND 93 |
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Kaffar, et al. v. Dschaak, et al.
2002 ND 92 Highlight: Judgment quieting title to a parcel of property and denying claim of acquiescence to a new boundary line is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 91 Highlight: The defendant's convictions for theft of property, fleeing or attempting to elude a police officer, and reckless driving are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of T.J.R. (NOTE: case was consol. w/20010286)
2002 ND 90 Highlight: Termination of parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 89 Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4). |
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Bettenhausen v. Bettenhausen
2002 ND 88 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Looney v. Looney
2002 ND 87 Highlight: A judgment enforcing an earlier divorce judgment between the parties is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Matrix v. TAG Investments (Cross ref. See Docket Memo)
2002 ND 86 Highlight: As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land. |
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Shiek v. ND Workers Comp. Bureau, et al.
2002 ND 85 Highlight: When a claimant receives a prior and a subsequent permanent impairment award, the overall number of weeks the claimant is entitled to receive for both the prior and subsequent impairments is the number of weeks that corresponds to the combined value of the prior and subsequent impairments on a whole body basis. |
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Knoll v. ND Dept. of Transportation
2002 ND 84
Highlight: If a person intentionally or unintentionally provides false information to an operator attempting to follow the State Toxicologist's approved methods for a chemical test, the person cannot challenge the foundation for admissibility of the test results on the ground that the false information resulted in the approved methods not being followed. |
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Cass Co. Joint Water Resource District v. 1.43 Acres of Land, et al.
2002 ND 83
Highlight: A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land. |
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Estate of Hass
2002 ND 82
Highlight: The trial court's decision whether to remove a personal representative for cause will not be set aside on appeal absent an abuse of discretion. |
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Uren v. Dakota Dust-Tex, Inc.
2002 ND 81
Highlight: Absent an express agreement to the contrary, a tenant is an implied co-insured under the landlord's property insurance policy, and the insurer may not seek subrogation against the tenant for damages caused by the tenant's negligence. |
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Luallin, et al. v. Koehler, et al.
2002 ND 80
Highlight: The requirements for registration of securities and dealers under the North Dakota Securities Act apply only to securities which are sold or offered for sale in this state and only to dealers or agents who offer for sale or sell any securities within or from this state. |
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State v. Steiger
2002 ND 79
Highlight: When sufficiency of the evidence is challenged, the evidence is examined in the light most favorable to the verdict to see whether a rational trier of fact could have found the essential elements of the crime were established beyond a reasonable doubt. |
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Interest of J.R. and L.R. (CONFIDENTIAL)
2002 ND 78 Highlight: A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians. |
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Whiteman v. State
2002 ND 77
Highlight: A defendant cannot be required to demonstrate how his appeal would have been successful in order to establish that he was prejudiced by his attorney's failure to pursue a requested appeal. |
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Harger v. Harger
2002 ND 76
Highlight: When a motion seeking modification of a child support order is brought within one year after its entry, the movant has the burden of demonstrating a material change in circumstances and the burden of presenting sufficient evidence to justify modification under the child support guidelines. |
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State v. Paul
2002 ND 75 Highlight: The trial court's judgment of conviction for the unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wilson v. Velva Rental Housing, Inc.
2002 ND 74 Highlight: Summary judgment dismissing contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Disbrow
2002 ND 73 Highlight: The defendant's conviction on multiple counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Peters-Riemers v. Riemers (See Docket Memo)
2002 ND 72
Highlight: When the state constitution was adopted in 1889 there was no common law or statutory right to a jury trial in divorce actions, and, therefore, N.D. Const. art. I, sec. 13 does not provide a right to a jury trial in divorce actions. |
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State v. Norby
2002 ND 71 Highlight: Defenses or objections based on defects in the institution of a prosecution or on defects in the criminal complaint must be raised prior to trial, unless the complaint failed to charge an offense or the district court did not have jurisdiction. |
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Negaard v. Negaard (cross-ref. w/20030174)
2002 ND 70
Highlight: A move sought in good faith and to gain legitimate advantages for the custodial parent and the child must not be denied simply because visitation cannot continue in the existing pattern. |
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Berg v. Berg
2002 ND 69
Highlight: There is a presumption only supervised visitation will be allowed a noncustodial parent who has committed domestic violence, and to award unsupervised visitation the court must enter specific findings showing there is clear and convincing evidence the presumption has been rebutted. |