Opinions

State v. Olson (consol. w/20020092) 2003 ND 23
Docket No.: 20020091
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: Probation revocation is not a stage of a criminal proceeding.
Insanity is not a defense in determining whether the defendant violated a condition of probation, but it may be a relevant mitigating factor in determining whether probation should be revoked.

Disciplinary Board v. McKechnie 2003 ND 22
Docket No.: 20020194
Filing Date: 2/19/2003
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b).
Details of prior private discipline should not be alleged in a petition for public discipline.
Expert testimony on the standard of care required in a legal malpractice action is not required to aid the trier of fact in determining whether an attorney's actions violate the rules of professional conduct.
An attorney-client relationship may arise when a putative client reasonably believes that a particular lawyer is representing him and the lawyer does not disabuse the individual of this belief.
An isolated instance of ordinary negligence does not constitute incompetent representation under the rules of professional conduct.

First Western Bank & Trust v. First Lutheran Church Foundation, et al. 2003 ND 21
Docket No.: 20020170
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case.
To warrant a new trial based on newly discovered evidence, it must appear the evidence is in fact newly discovered, and not merely the importance of it.

Hanson v. Hanson 2003 ND 20
Docket No.: 20020175
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: N.D.R.Civ.P. 59(j) does not apply to a motion for change of custody. Rather, a motion to modify custody is properly brought under N.D.C.C. 14-09-06.6.
A trial court's decision to modify custody is a finding of fact that will not be overturned unless it is clearly erroneous.

State v. Holzer 2003 ND 19
Docket No.: 20020180
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: When challenging the validity of a search warrant based on an allegation of information being omitted from the application for the warrant, the defendant must show (1) that the police omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading, and (2) that the affidavit if supplemented by the omitted information would not have been sufficient to support a finding of probable cause.

Wagner v. Squibb, et al. 2003 ND 18
Docket No.: 20020237
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: Without a sufficient transcript of the trial court proceedings, this Court cannot make a meaningful and intelligent review of a trial court's decision.

Moen v. State 2003 ND 17
Docket No.: 20020226
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: To pursue a claim against the State or a state employee, a person must give notice of the claim within 180 days "after the alleged injury is discovered or reasonably should have been discovered."
Without the timely filing of a notice of claim as required by N.D.C.C. 32-12.2-04, a court lacks jurisdiction to entertain a lawsuit against the State.

Shields v. Shields 2003 ND 16
Docket No.: 20020142
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Spousal support is appropriate for a disadvantaged spouse who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity.

State v. Leppert 2003 ND 15
Docket No.: 20020160
Filing Date: 2/19/2003
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Highlight: The 2001 amendments to N.D.C.C. 31-13-03 authorize DNA testing of persons convicted of nonsexual felonies and establish a DNA data base for the test results of persons convicted of those offenses.
DNA testing for persons convicted of enumerated violent, nonsexual felonies is rationally related to a legitimate purpose and does not violate equal protection.

Rittenour, et al. v. Gibson 2003 ND 14
Docket No.: 20020053
Filing Date: 2/19/2003
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest.
A district court abuses its discretion when it submits instructions to the jury that, taken as a whole, contain an error in the law that makes a material difference in how the jury might have understood the law.