Opinions

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.

Sweeney v. Sweeney 2002 ND 206
Docket No.: 20010129
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A trial court's decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal.
The word "shall" in N.D.C.C. 14-09-06.5 and 14-09-24 creates a mandatory duty, and, if requested by a party, a trial court must award costs and reasonable attorney's fees if there has been a false allegation of abuse of child which was not made in good faith or if there has been a willful and persistent denial of visitation rights by a custodial parent.
A trial court may not suspend a noncustodial parent's child support obligation as an offset against amounts owed by the custodial parent for interfering with visitation.

Gawryluk v. Poynter, et al. 2002 ND 205
Docket No.: 20020121
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests.

Grand Forks Professional Baseball, Inc., et al. v. Workers Comp. 2002 ND 204
Docket No.: 20020093
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An officer or director of a corporation can be held personally liable for unpaid worker's compensation insurance premiums even though that officer or director does not own stock in the corporation.

State v. Boyd 2002 ND 203
Docket No.: 20020136
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A community caretaking encounter does not involve detecting, investigating, or acquiring evidence related to a potential legal violation.
The test to determine whether an officer had a reasonable and articulable suspicion to justify an investigatory stop is whether a reasonable person in the officer's position would be justified by some objective manifestation in suspecting potential criminal activity.

State v. Bingaman (cross-reference w/20020134) 2002 ND 202
Docket No.: 20010287
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Homicide
Author: Maring, Mary

Highlight: To prove obvious error, a party must show (1) error, (2) which is plain, and (3) that affects substantial rights.

Wanner v. N.D. Workers Comp. Bureau 2002 ND 201
Docket No.: 20020080
Filing Date: 12/20/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material
Absent a statutory or administrative definition of "work," an ordinary person would reasonably expect to have to report as work only activities performed in regular employment by others for remuneration, or showing an ability to regularly perform a gainful occupation, and would not ordinarily expect to have to report casual activities not done for remuneration and not performed for an employer.

State v. Hernandez 2002 ND 200
Docket No.: 20020123
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Sexual Offense
Author:

Highlight: Judgment entered on defendant's guilty plea to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(4).