Opinions

State v. Guy 2002 ND 19
Docket No.: 20010136
Filing Date: 2/20/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition, burglary, robbery, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Burke v. State 2002 ND 18
Docket No.: 20010168
Filing Date: 2/20/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

State v. Ringsrud 2002 ND 17
Docket No.: 20010242
Filing Date: 2/20/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment of conviction for unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3).

State v. Randall 2002 ND 16
Docket No.: 20000325
Filing Date: 2/19/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Under N.D.R.Ev. 609 (a)(i), the burden is on the State to point to a danger of prejudice that substantially outweighs the probative value of prior convictions offered by a defendant in a criminal case to impeach a witness for the State.
Error is harmless under N.D.R.Ev. 609(a)(i) if the witness's credibility was sufficiently impeached by other evidence, or if the State's case was strong enough to support a conviction even apart from the witness's testimony.

Judicial Conduct Commission v. Tessmann 2002 ND 15
Docket No.: 20020009
Filing Date: 1/22/2002
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: Former municipal judge censured for violation of N.D. Code Jud. Conduct Canon 2, and prohibited from serving as a judge.

State v. Perreault 2002 ND 14
Docket No.: 20010180
Filing Date: 1/18/2002
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: A motion to dismiss tests the sufficiency of the information, but does not serve as a device for summary trial of the evidence.
A trial court may not grant a pretrial motion to dismiss based on a defense which raises factual questions embraced in the general issue of the defendant's guilt.

Bender v. Aviko USA L.L.C. 2002 ND 13
Docket No.: 20010162
Filing Date: 1/18/2002
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: In opposing a summary judgment motion, a party may not simply rely on unsupported and conclusory allegations or denials in the pleadings, but must, instead, set forth specific facts illustrating the existence of a genuine issue for trial.

Judicial Vacancy in the Northwest District 2002 ND 12
Docket No.: 20020004
Filing Date: 1/15/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship ordered retained in Minot.

State v. BlackCloud 2002 ND 11
Docket No.: 20010196
Filing Date: 1/15/2002
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Trial court's order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

St. Claire v. State 2002 ND 10
Docket No.: 20010133
Filing Date: 1/15/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law.