Opinions

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).

Interest of G.H. 2002 ND 199
Docket No.: 20020337
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mohamed 2002 ND 198
Docket No.: 20020130
Filing Date: 12/20/2002
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Sundby 2002 ND 197
Docket No.: 20020340
Filing Date: 12/11/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Larson v. Larson 2002 ND 196
Docket No.: 20020129
Filing Date: 12/10/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Neumann, William

Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal.

Greybull v. Harlan 2002 ND 195
Docket No.: 20020204
Filing Date: 12/6/2002
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Giese v. Giese 2002 ND 194
Docket No.: 20020168
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard.
In deciding whether to award attorney fees to a party in a divorce case, the court may consider whether one party's actions have unreasonably increased the time and effort spent on the dispute.

State v. Jones 2002 ND 193
Docket No.: 20020118
Filing Date: 12/4/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right.
A defendant must prove alleged false statements in an affidavit in support of a search warrant were made knowingly and intentionally, or with reckless disregard for the truth.
A motion to dismiss based on official misconduct is properly denied when there was no evidence to support any act of misconduct by the prosecutor.

Ramsey Co. Social Serv. Bd., et al. v. Kamara 2002 ND 192
Docket No.: 20020174
Filing Date: 12/4/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred.
Income for incarcerated persons may be imputed at the minimum wage.