Opinions

State v. Berger 2002 ND 143
Docket No.: 20010303
Filing Date: 8/29/2002
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Highlight: The beginning date of a probationary term is determined by the intent of the sentencing court as expressed in the language that created the probationary status.
A condition of probation capable of more than one construction is to be construed in favor of the offender.

City of Fargo v. Wonder 2002 ND 142
Docket No.: 20010263
Filing Date: 8/29/2002
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply.
The administration of a breath test to determine alcohol consumption is a search.
Only items actually in the record may be included in the appendix on appeal.

Comstock Construction, Inc. v. Sheyenne Disposal, Inc. 2002 ND 141
Docket No.: 20010281
Filing Date: 8/29/2002
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard.
N.D.R.Civ.P. 6(e), which authorizes the addition of three days whenever a party has a set period to do an act after service of notice or other paper by mail, applies to the time for commencing and filing an action after a written demand is served on a lienholder.

Mr. G's Turtle Mountain Lodge v. Roland Township, et al. 2002 ND 140
Docket No.: 20010202
Filing Date: 8/23/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: An attempted appeal from a judgment that has been voluntarily paid and formally satisfied of record fails for lack of jurisdiction.
Summary judgment is appropriate when a party fails to establish the existence of a material factual dispute on an essential element of his claim on which he will bear the burden of proof at trial.
A communication is not libelous if the language used is not fairly susceptible of a defamatory meaning.

Grey Bear v. ND Dept. of Human Services, et al. 2002 ND 139
Docket No.: 20010241
Filing Date: 8/23/2002
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury.
A trial court does not abuse its discretion by refusing to delete an amendment to a judgment that was originally requested by the party seeking to delete the amendment.
A trial court lacks personal jurisdiction over a party when the party was neither served with a summons, nor made a voluntary general appearance.

Hoffman v. ND Workers Comp. Bureau, et al. 2002 ND 138
Docket No.: 20010310
Filing Date: 8/22/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: The Workers Compensation Bureau has an obligation to explain its disregard of evidence favorable to a claimant.
A willful failure to give a maximum consistent effort during a functional capacity evaluation can constitute an act of noncompliance with vocational rehabilitation.

U.S. Bank v. Koenig, et al. 2002 ND 137
Docket No.: 20020038
Filing Date: 8/20/2002
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor.
Repugnant words in a deed must be reconciled by interpreting the deed in a manner that gives effect to the repugnant clause subordinate to the general intent and purpose of the deed.

Roe v. Doe (CONFIDENTIAL) 2002 ND 136
Docket No.: 20020016
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Paternity
Author: Maring, Mary

Highlight: Under N.D.R.Civ.P. 60(b)(iv), the burden is on the moving party to show sufficient grounds exist for disturbing the finality of a judgment.
A judgment entered without subject matter jurisdiction is void.
State courts may not exercise jurisdiction over a paternity and support action if state court jurisdiction would infringe on an Indian tribe's right to govern itself.
In general, tribal courts do not have exclusive jurisdiction over claims against tribal defendants that arise outside of the reservation.
To vacate a state court judgment on the paternity of an Indian child, the moving party must show that the state court lacked jurisdiction as a matter of law.

Geinert v. Geinert 2002 ND 135
Docket No.: 20020040
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A modification of child support should generally be made effective from the date of the motion to modify, absent good reason to set some other date. If the trial court sets some later date, it must specifically explain its reasons for doing so.
Imputing income to a child support obligor who has voluntarily changed employment, but is not unemployed or underemployed, is within the discretion of the trial court.

Ziegelmann v. DaimlerChrysler Corp. 2002 ND 134
Docket No.: 20020041
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: An alleged product defect that has not manifested itself in such a way as to cause an observable adverse physical or economic harm does not constitute an injury that will support a class action lawsuit based on theories of negligence, fraud, and deceit.