Opinions

State v. Robinson 2002 ND 183
Docket No.: 20020070
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Defendant's sentence for accomplice to attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Asbridge 2002 ND 182
Docket No.: 20020271
Filing Date: 11/21/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for 30 days.

Jacobson v. Garaas (Consolidated w/ 20020113) 2002 ND 181
Docket No.: 20020103
Filing Date: 11/15/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him.
A lawyer's free speech rights are extremely limited in the courtroom during judicial proceedings. Sanctioning a lawyer for disruptive, belligerent, and disrespectful in-court statements does not violate his right to free speech.

Intel-Foods Corporation v. Alexander, et al. 2002 ND 180
Docket No.: 20020112
Filing Date: 11/15/2002
Case Type: Appeal - Civil - Corporations
Author: Per Curiam

Highlight: An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Wilson v. Koppy 2002 ND 179
Docket No.: 20020161
Filing Date: 11/5/2002
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Maring, Mary

Highlight: Mandamous is not available when there is another remedy at law.

Adoption of S.A.L. (CONFIDENTIAL) 2002 ND 178
Docket No.: 20020027
Filing Date: 11/5/2002
Case Type: Appeal - Civil - Adoption
Author: Sandstrom, Dale

Highlight: A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel.

Obrigewitch v. Director, N.D. Dept. of Transportation 2002 ND 177
Docket No.: 20020164
Filing Date: 11/5/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the location of the ignition key.
Continually avoiding or ignoring a police officer's request to submit to a blood alcohol test can be a refusal to submit to a chemical test.

State v. Aune 2002 ND 176
Docket No.: 20020106
Filing Date: 11/5/2002
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Highlight: A trial court may order a condition of probation requiring the probationer to stay away from a specific place.

Larson v. Norkot Manufacturing, et al. 2002 ND 175
Docket No.: 20020058
Filing Date: 11/5/2002
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: For a cause of action for an attorney's legal malpractice, there must be damages to the client proximately caused by the attorney's breach of a duty to the client; the statute of limitations does not begin to run until the client has incurred some damages from the alleged malpractice; and the statute of limitations is tolled until the client knows, or with reasonable diligence should know, of the injury, its cause, and the defendant attorney's possible negligence.

Meljie v. ND Workers Comp. Bureau 2002 ND 174
Docket No.: 20020158
Filing Date: 11/5/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: For determining a worker's average weekly wage for receiving a disability benefit, "seasonal employment" includes an occupation that has periods of forty-five consecutive days of not receiving wages.
Under the 1997 version of N.D.C.C. 65-05-09, a disabled employee is entitled to a weekly benefit equal to two-thirds of the employee's gross weekly wage, subject to a minimum of sixty percent of the state's average weekly wage, but not to exceed one-hundred percent of the employee's preinjury net weekly wage, after deducting social security and federal income tax.