Opinions

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.

State v. Stewart (Consolidated w/20010284) 2002 ND 102
Docket No.: 20010283
Filing Date: 7/11/2002
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Under N.D.R.Ev. 609(a)(i), for the purpose of attacking the credibility of a testifying accused, evidence that the accused has been convicted of a felony that meets the time limit of subdivision (b) must be admitted if the court determines that the probative value of admitting that evidence outweighs its prejudicial effect.
Among the factors for a trial court to consider in weighing the probative value of a prior felony conviction and its prejudicial effect are impeachment value of the prior crime, the time of the conviction and the witness's subsequent history, similarity between the prior crime and the charged crime, importance of the defendant's testimony, and the centrality of the credibility issue.

Hansen, et al. v. Scott, et al. 2002 ND 101
Docket No.: 20010195
Filing Date: 6/10/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A trial court may grant a certification under N.D.R.Civ.P. 54(b) if the issues raised in the appeal will not be mooted by future developments in the trial court.
Rule 4(b)(2), N.D.R.Civ.P., authorizes North Dakota courts to exercise personal jurisdiction over a nonresident to the fullest extent permitted by due process.
To establish personal jurisdiction over a nonresident under N.D.R.Civ.P. 4(b)(2), the requirements of one of the subparagraphs of Rule 4(b)(2) must be satisfied, and the nonresident must have sufficient minimum contacts with North Dakota so the exercise of personal jurisdiction does not offend traditional notions of substantial justice, fair play, or due process.

Dvorak v. Disciplinary Board 2002 ND 100
Docket No.: 20020127
Filing Date: 6/7/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstated to the practice of law.

Matrix Properties Corp. v. JCG Investments, et al. 2002 ND 99
Docket No.: 20020011
Filing Date: 6/6/2002
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A judgment quieting title to real property and an order denying a motion to alter, amend, or vacate the judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(1).
The Supreme Court may award attorneys fees under N.D.R.App.P. 38, when the appeal is frivolous.

State ex rel. Clayburgh v. American West Community Promotions, Inc. 2002 ND 98
Docket No.: 20010223
Filing Date: 6/4/2002
Case Type: Appeal - Civil - Tax Realted
Author: Maring, Mary

Highlight: When a transaction involves the transfer of both tangible personal property and intangible personal property, the true object of the transaction must be examined to determine if the transaction is subject to sales tax.
Sales of coupon books are not subject to sales tax as sales of tangible personal property, consisting of goods, wares, or merchandise.

Skadberg v. Skadberg 2002 ND 97
Docket No.: 20010261
Filing Date: 6/4/2002
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: To support a petition for a disorderly conduct restraining order, the petitioner must present evidence of specific acts or threats constituting disorderly conduct.
A full hearing on a disorderly conduct restraining order authorizes a district court to hear the evidence on affidavits and cross-examination.