Opinions

State v. Boyd 2002 ND 203
Docket No.: 20020136
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A community caretaking encounter does not involve detecting, investigating, or acquiring evidence related to a potential legal violation.
The test to determine whether an officer had a reasonable and articulable suspicion to justify an investigatory stop is whether a reasonable person in the officer's position would be justified by some objective manifestation in suspecting potential criminal activity.

State v. Bingaman (cross-reference w/20020134) 2002 ND 202
Docket No.: 20010287
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Homicide
Author: Maring, Mary

Highlight: To prove obvious error, a party must show (1) error, (2) which is plain, and (3) that affects substantial rights.

Wanner v. N.D. Workers Comp. Bureau 2002 ND 201
Docket No.: 20020080
Filing Date: 12/20/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material
Absent a statutory or administrative definition of "work," an ordinary person would reasonably expect to have to report as work only activities performed in regular employment by others for remuneration, or showing an ability to regularly perform a gainful occupation, and would not ordinarily expect to have to report casual activities not done for remuneration and not performed for an employer.

State v. Hernandez 2002 ND 200
Docket No.: 20020123
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Sexual Offense
Author:

Highlight: Judgment entered on defendant's guilty plea to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of G.H. 2002 ND 199
Docket No.: 20020337
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mohamed 2002 ND 198
Docket No.: 20020130
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Sundby 2002 ND 197
Docket No.: 20020340
Filing Date: 12/11/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Larson v. Larson 2002 ND 196
Docket No.: 20020129
Filing Date: 12/10/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Neumann, William

Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal.

Greybull v. Harlan 2002 ND 195
Docket No.: 20020204
Filing Date: 12/6/2002
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Giese v. Giese 2002 ND 194
Docket No.: 20020168
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard.
In deciding whether to award attorney fees to a party in a divorce case, the court may consider whether one party's actions have unreasonably increased the time and effort spent on the dispute.