Opinions

State v. Leher 2002 ND 171
Docket No.: 20020085
Filing Date: 11/5/2002
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: A police officer approaching a stopped vehicle and inquiring in a conversational manner whether the occupant is okay or needs assistance is not a Fourth Amendment seizure. An officer directing a citizen to exit a parked vehicle, or otherwise ordering a citizen to do something may be a Fourth Amendment seizure.

State v. Fitterer 2002 ND 170
Docket No.: 20020076
Filing Date: 11/5/2002
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Highlight: Moving papers for a motion to suppress evidence require neither exceptional particularity nor supporting affidavits or other evidence, but must provide adequate notice to the trial court and the prosecution of the issues being raised.
At a motion to suppress hearing, the initial burden is the defendant's to show a prima facie case.

State v. Rohde (consolidated w/20020030-20020033) 2002 ND 169
Docket No.: 20020029
Filing Date: 11/5/2002
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Appeal from a conviction for driving under suspension or revocation, driving without liability insurance, and driving while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Hemmesch v. Bonebrake 2002 ND 168
Docket No.: 20020119
Filing Date: 11/5/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4).

Johnson v. ND Dept. of Transportation 2002 ND 167
Docket No.: 20020141
Filing Date: 11/5/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Whiteman v. State 2002 ND 166
Docket No.: 20020163
Filing Date: 11/5/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Judicial Conduct Commission v. Berg 2002 ND 165
Docket No.: 20020302
Filing Date: 11/4/2002
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: Former municipal judge censured and prohibited from serving in the future as a municipal judge.

Interest of K.S. and A.S. (CONFIDENTIAL) 2002 ND 164
Docket No.: 20010315
Filing Date: 10/15/2002
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Neumann, William

Highlight: To terminate parental rights under N.D.C.C. 27-20-44(1)(b)(1), the juvenile court must find clear and convincing evidence that: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm.

State v. Jones 2002 ND 163
Docket No.: 20020104
Filing Date: 10/15/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Neumann, William

Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion.

Kimball v. Landeis, et al. 2002 ND 162
Docket No.: 20020100
Filing Date: 10/15/2002
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences.
Under N.D.R.Civ.P. 4(b)(2)(c), personal service upon an individual for whom a guardian has been appointed is accomplished by serving the individual's guardian.
Absent valid service of process, actual knowledge of a lawsuit is insufficient to effectuate personal jurisdiction over a defendant.
For equitable tolling of a statute of limitations, a plaintiff must have several legal remedies and reasonably and in good faith pursue one of the remedies, thereby tolling the limitation for the other remedies.