Opinions

Judicial Vacancy in the Northwest Judicial District 2001 ND 199
Docket No.: 20010229
Filing Date: 12/14/2001
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship moved from Northwest to East Central Judicial District.

Disciplinary Board v. Dooley 2001 ND 198
Docket No.: 20010278
Filing Date: 12/14/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

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

Security State Bank of ND v. Orvik 2001 ND 197
Docket No.: 20010064
Filing Date: 12/10/2001
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops.

State v. Gates (Cross-ref. w/940388) 2001 ND 196
Docket No.: 20010167
Filing Date: 12/10/2001
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: The trial court's denial of a motion to deem a class C felony theft conviction to be a misdemeanor under N.D.C.C. 12.1-32-02(9) is summarily affirmed under N.D.R.App.P. 35.1(a).

Gaab v. Ochsner (CONFIDENTIAL) 2001 ND 195
Docket No.: 20010112
Filing Date: 12/10/2001
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A party is not required to prove actual or imminent domestic violence in order to obtain an extension of an existing protection order.

State v. Clark 2001 ND 194
Docket No.: 20010102
Filing Date: 12/10/2001
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: Failure to file a transcript may prevent a party from being successful on appeal.
A trial court may modify conditions of probation if a defendant fails to pay adequate restitution.

Toni v. Toni 2001 ND 193
Docket No.: 20010084
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable.

Bellefeuille v. Bellefeuille 2001 ND 192
Docket No.: 20010028
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: A trial court does not abuse its discretion in denying a motion for relief from judgment, when the motion was made twenty-one years after the judgment was filed.
A trial court does not have jurisdiction to modify rehabilitative spousal support after the scheduled payments are completed, unless the trial court retains jurisdiction to do so within the decree.

Sommer v. Sommer 2001 ND 191
Docket No.: 20010044
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Permanent spousal support may be awarded when a marriage has been of long duration and the dependant spouse has health problems or is of such an age that adequate rehabilitation is unlikely.
Under some circumstances, voluntary retirement by a supporting spouse that results in a material change in circumstance may be a valid basis for modification of spousal support.

State v. Kensmoe 2001 ND 190
Docket No.: 20010183
Filing Date: 12/5/2001
Case Type: Appeal - Criminal - Theft
Author: Sandstrom, Dale

Highlight: A trial court acts within its statutory authority when extending a defendant's probationary period following a restitution hearing.
An extension of a probation period does not subject a defendant to multiple punishments in violation of the prohibition against double jeopardy.
A challenge to the constitutionality of a statute must be properly preserved for appeal, and the record on appeal must allow for a meaningful and intelligent review of the alleged unconstitutionality of the statute.