Opinions
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5801 - 5900 of 12418 results
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State v. Backlund
2003 ND 184
Highlight: An adult is guilty of luring a minor by computer when (1) the adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances, (2) the adult willfully uses the computer communication system to initiate or engage in such communication with a person the adult believes to be a minor, and (3) by means of that communication, the adult willfully importunes, invites, or induces the person the adult believes to be a minor to engage in sexual acts or have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires. |
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Bay v. State
2003 ND 183
Highlight: Issues not raised to the trial court cannot be raised for the first time on appeal. |
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Interest of L.D.
2003 ND 182
Highlight: A petition for involuntary treatment must be supported by clear and convincing evidence. |
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Crane Johnson Lumber Co., et al. v. City of Fargo
2003 ND 181 Highlight: Property lying outside the limits of a special improvement district created by a municipality's governing body is not subject to assessment by the special assessment commission. |
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State v. Knowels (cross-ref. w/20010147)
2003 ND 180 Highlight: North Dakota law does not require a chemical test to convict a person of driving while under the influence of alcohol. A conviction may be sustained when evidence of defendant's intoxication is shown through witness testimony of defendant's intoxication, based on their observations of defendant. |
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Kamara v. State
2003 ND 179
Highlight: To establish ineffective assistance of counsel, a person must show counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him. |
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Negaard v. Negaard (cross-ref. w/20010251)
2003 ND 178 Highlight: Post-judgment divorce order granting costs and attorney's fees summarily affirmed under N.D.R.App.P. 35.1(a)(4), (7). |
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Elshaug v. Workforce Safety and Insurance, et al. (cross-reference 990286)
2003 ND 177
Highlight: A claimant has the burden of proving a right to receive workers compensation benefits or to continued benefits if they are terminated after liability for a claim has been accepted. |
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Knodel v. Knodel
2003 ND 176 Highlight: Divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Hanson v. Director, N.D. Dept. of Trans.
2003 ND 175
Highlight: Weaving twice onto the lane-dividing line on an interstate highway, even without erratic movement or sharp veering, can be sufficient to stop a vehicle. |
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State v. Beciraj (see Docket Memo)
2003 ND 173
Highlight: The crime of conspiracy is limited to agreements to engage in a crime or crimes that are defined elsewhere. |
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Litoff v. Pinter
2003 ND 172 Highlight: Although visitation between a child and the noncustodial parent is ordinarily presumed to be in the best interest of the child, visitation may be curtailed or eliminated entirely if it is likely to endanger the child's physical or emotional health. |
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State v. Beciraj (see Docket Memo)
2003 ND 171
Highlight: Obvious errors affecting substantial rights may be addressed on appeal even if the error was not brought to the attention of the trial court. |
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Disciplinary Board v. McKechnie (Cross-reference w/ 20020199)
2003 ND 170
Highlight: An attorney is appropriately suspended from the practice of law when this Court finds clear and convincing evidence of an ethical violation. |
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Akerlind v. Buck, et al.
2003 ND 169
Highlight: The credibility of witnesses, including expert witnesses, and the weight to be given their testimony, are questions for the trier of fact. |
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State v. $17,515.00 in Cash Money, et al.
2003 ND 168
Highlight: There is no constitutional right to a jury trial in a drug-related forfeiture proceeding. |
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Reineke v. Reineke
2003 ND 167
Highlight: The Ruff-Fischer guidelines apply to both property division and spousal support, which ordinarily must be considered together. |
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Damron v. Damron
2003 ND 166 Highlight: A custodial parent's homosexual household is not grounds for modifying custody within two years of a prior custody order in the absence of evidence the children's environment endangers or potentially endangers the children's physical or emotional health or impairs the children's emotional development. |
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Klingenstein v. Klingenstein
2003 ND 165 Highlight: A judgment awarding spousal support and dividing marital property is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wangler v. Lerol, et al.
2003 ND 164
Highlight: Waiver and estoppel will not operate to create an insurance contract that never existed. |
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Judicial Vacancy in District Judgeship No. 2, South Central District
2003 ND 163 Highlight: Judgeship ordered retained and filled. |
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Interest of R.F. (CONFIDENTIAL)
2003 ND 162
Highlight: At a mental health hearing on a petition for discharge, the burden of proof is the same as at an involuntary treatment hearing. |
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Disciplinary Board v. Hoffman (Consolidated w/ 20030142)
2003 ND 161
Highlight: An attorney is appropriately suspended from the practice of law for one year when the hearing panel has found clear and convincing evidence of professional conduct violations. |
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Ralston v. Ralston (cross-ref.w/20020184)
2003 ND 160 Highlight: A custodial parent does not need court approval to move a child out of state when the noncustodial parent has moved from the state before or after the divorce decree and lives more than fifty miles from the residence of the custodial parent. |
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Ruggles v. Sabe
2003 ND 159 Highlight: A vested remainderman has an action for waste against a life tenant. |
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Alerus Financial v. Lamb, et al.
2003 ND 158
Highlight: When a motion for enlargement of time is untimely, a court, in its discretion, may grant an enlargement of time only if the failure to file timely was the result of excusable neglect. |
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State v. Faleide (Consol. w/20030076-20030077)
2003 ND 157 Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Grewal v. ND Association of Counties, et al.
2003 ND 156 Highlight: An employer of an independent contractor is not liable for the acts or omissions of the independent contractor unless the employer retains control of the method, manner, and operative details of the independent contractor's work. |
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State v. Zephyrin
2003 ND 155 Highlight: Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7). |
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Iglehart v. Iglehart
2003 ND 154 Highlight: Summary judgment is appropriate in a negligence action when the record indicates the defendant did not owe a duty to the plaintiff and was not negligent. |
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State v. Ballweg (consolidated w/20030052 & 20030053)
2003 ND 153
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. |
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Disciplinary Board v. Edin
2003 ND 152 Highlight: Interim suspension of lawyer ordered. |
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Interest of Z.C.B. (CONFIDENTIAL)
2003 ND 151
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. |
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Torgerson v. Torgerson
2003 ND 150
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. |
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United Valley Bank v. Lamb, et al.
2003 ND 149
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. |
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Lamb v. Riemers
2003 ND 148 Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement. |
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Guardianship of Shatzka
2003 ND 147 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. |
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Krank v. Krank
2003 ND 146 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. |
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Orvedal v. Orvedal
2003 ND 145
Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference. |
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Kjolsrud v. MKB Management Corp.
2003 ND 144 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. |
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State v. Ricker
2003 ND 143 Highlight: Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P. |
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Deptuch v. Lindberg
2003 ND 142 Highlight: Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3). |
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Barnes v. Workforce Safety and Insurance
2003 ND 141 Highlight: Nothing in the Rules of Evidence or the statutes governing administrative procedure precludes an employee of an agency from testifying as an expert witness in an administrative proceeding before the agency. |
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Kautzman v. Kautzman (Cross-Ref w/980004,990328,990386,20000083,&20010296)
2003 ND 140
Highlight: For an effective appeal on any proper issue, the matter must have been raised in the trial court, so the trial court could rule on it, and a failure to object to an irregularity at trial is a waiver of the issue. |
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Volz v. Peterson
2003 ND 139
Highlight: A party seeking modification of child custody is entitled to an evidentiary hearing if she presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody modification in her favor. |
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Interest of J.S. (CONFIDENTIAL) (see Docket Memo)
2003 ND 138 Highlight: A person requiring mental health treatment has the right to the least restrictive conditions necessary to achieve the purposes of the treatment. |
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State v. Stoppleworth (Consolidated w/20020346)
2003 ND 137 Highlight: When a victim is unable or unwilling to identify the defendant at trial, the victim's prior out-of-court statements identifying the defendant as his assailant are admissible if the victim testifies and is available for cross-examination at trial. |
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McKechnie v. Berg, et al.
2003 ND 136
Highlight: Admitting incompetent evidence in a bench trial is not reversible error unless it induced an improper finding. |
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Montgomery v. Montgomery (Cross-reference w/19910217)
2003 ND 135
Highlight: The trier of fact is entitled to weigh and evaluate testimony, and is not required to accept even undisputed testimony. |
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McMorrow v. State
2003 ND 134
Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief. |
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State v. Ehli
2003 ND 133 Highlight: Due process requires that parties be given notice and afforded a meaningful opportunity to present objections. |
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Langness v. Fencil Urethane Systems, et al.
2003 ND 132
Highlight: N.D.R.Ev. 702 envisions generous allowance of the use of expert testimony if proffered witnesses have some degree of expertise in the field in which they are to testify, and they need not have a formal title or be licensed in any particular field to qualify as an expert if their actual qualifications establish knowledge, skill, experience, training, or education in the field. |
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Benson v. Benson
2003 ND 131
Highlight: When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state. |
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McClure v. McClure
2003 ND 130 Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used. |
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Collette v. Clausen
2003 ND 129
Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others. |
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Weiss, et al. v. Collection Center, Inc., et al.
2003 ND 128
Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt. |
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Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020)
2003 ND 127
Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent. |
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Matter of Fosaaen (CONFIDENTIAL)
2003 ND 126 Highlight: Lawyer transferred to incapacitated status. |
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Valley Honey Co. v. Graves, et al.
2003 ND 125
Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition. |
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Lawrence v. Roberdeau, et al. (consolidated w/20030061)
2003 ND 124
Highlight: Witness immunity bars a suit challenging a witness's testimony. |
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Bladow v. Bladow
2003 ND 123 Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce. |
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Ringsaker v. Workforce Safety and Insurance
2003 ND 122
Highlight: Litigants have a duty to comply with clearly communicated case-management orders. |
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Gonzalez v. Tounjian, et al
2003 ND 121
Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe. |
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Smith v. Baumgartner
2003 ND 120
Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
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State v. Schwab
2003 ND 119
Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion. |
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Syversen, et al. v. Hess, et al.
2003 ND 118
Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence. |
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Tarnavsky v. McKenzie Co. Grazing Association
2003 ND 117
Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action. |
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State v. Steen (Consolidated w/20020356-20020360)
2003 ND 116
Highlight: An order correcting an illegal sentence involves a substantial right and is appealable. |
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Coons v. Coons
2003 ND 115 Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence. |
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Interest of K.P.
2003 ND 114 Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others. |
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Rist v. ND Dept. of Transportation
2003 ND 113
Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. |
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Van Klootwyk, et al. v. Baptist Home
2003 ND 112 Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home. |
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State v. Dimmitt
2003 ND 111
Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea. |
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Tarnavsky v. Tarnavsky, et al.
2003 ND 110
Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive. |
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John T. Jones Construction Co. v. City of Grand Forks
2003 ND 109
Highlight: Parties to an arbitration agreement cannot contractually expand the scope of judicial review of an arbitration award beyond that provided by the Uniform Arbitration Act. |
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State v. Matthews
2003 ND 108
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. |
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State v. Heupel
2003 ND 107 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). |
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State v. Schmidt
2003 ND 106 Highlight: Criminal trespass conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Hogan v. Hogan
2003 ND 105
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. |
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Public Service Commission v. Wimbledon Grain Co., et al.
2003 ND 104 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. |
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Holman, et al. v. Berglund, et al.
2003 ND 103 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). |
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Damron v. State
2003 ND 102 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. |
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Interest of I.K. (CONFIDENTIAL)
2003 ND 101
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. |
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Olander Contracting Co. v. Gail Wachter Investments, et al.
2003 ND 100
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. |
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State v. Tognotti
2003 ND 99
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. |
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Interest of A.B. (CONFIDENTIAL)
2003 ND 98
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. |
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Cue v. State
2003 ND 97
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. |
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Peters-Riemers v. Riemers
2003 ND 96
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. |
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Boser v. Hanson, et al.
2003 ND 95
Highlight: Jury instructions must fairly and adequately inform the jury of the applicable law. |
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Spath v. State (cross-ref. w/990302 & 970230)
2003 ND 94 Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Marcotte's Builders Supply v. Strobel, et al.
2003 ND 93 Highlight: Judgment in a home construction contract dispute is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Haugenoe, et al. v. Bambrick, et al.
2003 ND 92
Highlight: If, in a medical malpractice case, the alleged malpractice is beyond the understanding of a layperson, an expert opinion must be obtained within three months of the commencement of the action to support the allegation of medical malpractice. |
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Northern Plains Alliance, L.L.C. v. Mitzel, et al.
2003 ND 91
Highlight: When parties enter an agreement for the sale of property which is expressly subject to a right of first refusal by a third party, the contract is conditional and becomes binding on the seller only if the right of first refusal is not exercised. |
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Sonsthagen v. Sprynczynatyk
2003 ND 90
Highlight: For a law enforcement officer to testify about the results of a sobriety test, the proper foundation to be established is evidence of the officer's training and experience in administering the test and evidence that the test was properly administered. |
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State v. Corum
2003 ND 89
Highlight: Illegally obtained evidence cannot be the basis for a magistrate's finding of probable cause to support a search warrant. |
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K.L.B., et al. v. S.B. (CONFIDENTIAL)
2003 ND 88
Highlight: The court can vacate a default judgment when circumstances justify it under a properly raised motion for relief from the judgment under N.D.R.Civ.P. 60(b). |
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Ramey v. Twin Butte School Dist.
2003 ND 87 Highlight: To establish a prima facie case of discrimination for failure-to-hire under the North Dakota Human Rights Act, a plaintiff must show: (1) she is a member of a protected class under the Human Rights Act; (2) she sought and was qualified for the position; (3) she suffered an adverse employment decision; and (4) others not in the protected class were treated more favorably. |
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Trinity Health v. North Central Emergency Services
2003 ND 86
Highlight: Whether a contract has been substantially performed and whether a party has breached a contract are questions of fact. |
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Fercho v. Remmick
2003 ND 85
Highlight: An appellate court decides the threshold issue of mootness before reaching the merits of an appeal. |
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Matter of Garrison State Bank and Trust
2003 ND 84 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. |