Opinions

State v. Keilen (Consolidated w/20020065 through 20020067) 2002 ND 133
Docket No.: 20020064
Filing Date: 8/15/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: While the right to appeal is statutory, statutes conferring the right must be liberally construed.
The State has the burden to show a warrantless search falls within an exception to the warrant requirement.
There is no community caretaking role to fill when there is no disturbance and no one is in need of assistance.

Interest of D.Z. (CONFIDENTIAL) 2002 ND 132
Docket No.: 20020190
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.
A person who is found to require involuntary treatment has the right to the least restrictive conditions necessary to achieve the purposes of the treatment.

Howes v. Kelly Services, Inc. 2002 ND 131
Docket No.: 20020014
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict.
Once one party files a demand for a nine-person jury, other parties are entitled to rely on that demand for the issues it covers, and they need not file their own demand for a nine- person jury.

State v. Bell 2002 ND 130
Docket No.: 20010311
Filing Date: 8/15/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Neumann, William

Highlight: Expert witnesses may testify when no objection is made as to their expertise and qualifications.
Effective assistance of counsel is not denied when counsel fails to ask for an instruction that no longer applies.

Rush v. ND Workers Comp., et al. 2002 ND 129
Docket No.: 20010282
Filing Date: 8/15/2002
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 that the medical condition for which benefits are sought is causally related to the work injury.

Meide, et al. v. Stenehjem, et al. 2002 ND 128
Docket No.: 20010273
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible.
Extrinsic evidence is considered only if the language of the agreement is ambiguous and the parties' intentions cannot be determined from the writing alone.

New Town Public School Dist. v. State Bd. of Public School Ed. 2002 ND 127
Docket No.: 20020071
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure.
Appellate court gives appreciable deference to agency expertise if the subject matter of agency decision is technical.
A party raising a constitutional claim must provide persuasive authority and reasoning or forego the constitutional challenge entirely.

BeauLac v. BeauLac 2002 ND 126
Docket No.: 20010316
Filing Date: 8/15/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: To find a person in contempt of a prior court order, that person must have had actual notice or knowledge of that order.
Although the courts do not look favorably upon separating siblings in custody cases, a split custody award is not absolutely prohibited where the trial court finds that type of custody arrangement desirable under the circumstances.
Although a trial court should make specific factual findings and conclusions regarding the statutory presumption against awarding custody to a person who has perpetrated domestic violence, specific findings are not required when there is insufficient evidence of domestic violence to trigger the presumption.

Sjostrand v. ND Workers Comp., et al. 2002 ND 125
Docket No.: 20010271
Filing Date: 8/15/2002
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: The Workers Compensation Bureau's termination of an injured worker's disability benefits for a false claim or false statement, without first providing an opportunity for an evidentiary hearing, does not violate the worker's right to due process of law.
The Bureau's findings on a false claim or false statement must be affirmed if they are supported by a preponderance of the evidence.

Petition to Change Judgeship No. 2 or No. 6 from Valley City to Jamestown 2002 ND 124
Docket No.: 20020057
Filing Date: 8/2/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Petition to move chambers from Valley City to Jamestown denied.