Opinions

State v. Hammeren 2003 ND 6
Docket No.: 20020187
Filing Date: 1/17/2003
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment.
The statute permitting minors to be transferred from juvenile court to the district court for certain crimes was enacted to treat minors as adults for purposes of prosecution. Thus, law enforcement officers are entitled to investigate minors engaged in drug-related activity the same way they would an adult.

Engh v. Engh 2003 ND 5
Docket No.: 20020044
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months.

Kondrad v. Bismarck Park District 2003 ND 4
Docket No.: 20020196
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: While the law does not favor contracts exonerating parties from liability for their conduct, parties are bound by clear and unambiguous language evidencing an intent to extinguish liability.

Higgins v. Trauger (Consolidated w/20020133) 2003 ND 3
Docket No.: 20020132
Filing Date: 1/17/2003
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Collusion does not require fraudulent conduct.
Whether collusion has occurred is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

Downing v. ND Workers Comp., et al. 2003 ND 2
Docket No.: 20020257
Filing Date: 1/17/2003
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Duemeland v. Norback 2003 ND 1
Docket No.: 20020124
Filing Date: 1/3/2003
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document.

Estate of Gleeson 2002 ND 211
Docket No.: 20020117
Filing Date: 12/30/2002
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes.

State v. Bingaman 2002 ND 210
Docket No.: 20020134
Filing Date: 12/23/2002
Case Type: Appeal - Criminal - Other
Author: Maring, Mary

Highlight: In determining whether to order restitution, a court may take into account the defendant's ability to pay the restitution amount.

Hilton v. ND Education Association, et al. 2002 ND 209
Docket No.: 20020054
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

Highlight: Counselors who were certified under N.D.C.C. ch. 15-36 and who did not devote more than fifty percent of their time to administration duties were teachers under N.D.C.C. ch. 15-38.1.
In action for intentional interference with contract, defendants act with justification if they assert a lawful object which they had a right to assert.

State v. Weisz 2002 ND 207
Docket No.: 20020115
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: When a party fails to adequately preserve an issue for appellate review, appellate inquiry is limited to noticing obvious error.
A defendant's rights against being placed in double jeopardy are not violated when he pleads guilty to simple assault in one county and is charged with aggravated assault in another county because the crimes were separate offenses.