Opinions

Myhre v. ND Workers Comp. 2002 ND 186
Docket No.: 20020083
Filing Date: 12/4/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence a causal relationship between her employment and the medical condition for which benefits are sought.
To have a "compensable injury" under N.D.C.C. 65-01-02(11)(b)(7), a claimant must show the employment substantially accelerated the progression or substantially worsened the severity of a preexisting injury, disease, or other condition.

Hamilton v. Oppen, et al. 2002 ND 185
Docket No.: 20020045
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict.
The trial court's responsibility is to make certain expert testimony is reliable as well as relevant.
Relevant photographs may be excluded from evidence if their probative value is substantially outweighed by the danger of unfair prejudice.

Jensen v. State 2002 ND 184
Docket No.: 20020166
Filing Date: 12/4/2002
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)(6).

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.