Opinions

Phipps v. ND Dept. of Transportation 2002 ND 112
Docket No.: 20020055
Filing Date: 7/11/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis.
Performance of a chemical test does not ensure the admissibility of the test results.
A chemical test performed exactly two hours after driving is performed within two hours of driving.

Interest of R.K. (CONFIDENTIAL) 2002 ND 111
Docket No.: 20020013
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: The definition of a deprived child is broad enough to include a child whose parent, while never having had the opportunity to care for the child, is shown to be presently incapable of providing parental care for the child.
In making a custody disposition under the Uniform Juvenile Court Act, the court has considerable latitude but must rule consistent with the purpose of the Act to provide for the care of the child in a family environment whenever possible, separating the child from a parent only when necessary for the child's welfare or in the interest of public safety.

Sevland v. Sevland 2002 ND 110
Docket No.: 20010231
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Supervised visitation is not required unless there is a serious bodily injury, use of a dangerous weapon, or a pattern of domestic violence.
The visitation statute is not designed to place into the hands of children power over the occurrence, length, time, or place of the visits.

Mayer v. Mayer 2002 ND 109
Docket No.: 20020036
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order refusing to vacate a stipulated divorce decree is summary affirmed under N.D.R.App.P. 35.1(a)(4).

Larson v. McMorrow 2002 ND 108
Docket No.: 20020042
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Taylor 2002 ND 107
Docket No.: 20010306
Filing Date: 7/11/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Edwardson 2002 ND 106
Docket No.: 20020068
Filing Date: 7/11/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer who cannot comply with a discovery request without jeopardizing the client should withdraw from representation rather than violate the rules of professional conduct.
Lawyer suspended from the practice of law for 60 days.

State v. Jackson (Consolidated w/20010299) 2002 ND 105
Docket No.: 20010298
Filing Date: 7/11/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: It is not ineffective assistance of counsel to fail to move for a judgment of acquittal when the prosecution has presented a prima facie case.

Nowling, et al. v. BNSF Railway, et al. 2002 ND 104
Docket No.: 20010302
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Under N.D. Const. art. XII, sec. 13, the right of way for an operating railroad line is a public highway that is not subject to adverse possession or acquiescence.

Corbett v. Corbett 2002 ND 103
Docket No.: 20020010
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: There must be some factual basis in the record for the length of time spousal support is awarded, but a specific plan of rehabilitation is not required.
On questions of spousal support, we do not substitute our judgment for that of the trial court.