Opinions

State v. Maurstad (CONSOLIDATED W/20010293) 2002 ND 121
Docket No.: 20010292
Filing Date: 7/16/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Challenges to probationary searches, authorized by a probationer's conditions of probation, are reviewed under the standard of whether the search was reasonable, after examining the totality of the circumstances, including whether the search was performed in a reasonable manner.
Whether a probationary search was conducted as a subterfuge for a criminal investigation is no longer considered.

Lithun, et al. v. DuPaul 2002 ND 120
Docket No.: 20020008
Filing Date: 7/16/2002
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Matrix v. TAG Investments, et al. 2002 ND 119
Docket No.: 20020026
Filing Date: 7/16/2002
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs.

Kautzman v. Kautzman (Cross-ref.w/980004,990328,990386 & 20000083) 2002 ND 118
Docket No.: 20010296
Filing Date: 7/16/2002
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A change of substance that contradicts the transcript of a deposition is impermissible unless it can plausibly be represented as the correction of an error in transcription.

Brandt v. Milbrath 2002 ND 117
Docket No.: 20010294
Filing Date: 7/15/2002
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: Although prior driving behavior may be probative of negligence and comparative negligence, it may be excluded because of a witness's uncertainty as to the identity of the vehicle or driver.
The district court and appellate court apply different standards when considering a motion for a new trial.
When considering a motion for a new trial, based on insufficient evidence, the district court must weigh the evidence and examine the evidence supporting the verdict and the evidence challenging the verdict.
On appeal, the standard for reviewing an order denying a motion for new trial is, after viewing the evidence in the light most favorable to the verdict, whether there is sufficient evidence to justify the verdict.

State v. Guthmiller (cross-reference 20020088) 2002 ND 116
Docket No.: 20010312
Filing Date: 7/11/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Whether probable cause exists to issue a search warrant is a question of law, and on appeal, the sufficiency of information before the magistrate is reviewed based on the totality of the circumstances.
For a home search warrant, the evidence before the magistrate must show a nexus between the home and the contraband sought.

Piatz, et al. v. Austin Mutual Ins. Co. 2002 ND 115
Docket No.: 20010082
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: When the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline to review the issue.
An insurance company does not waive its defenses regarding the reasonableness and necessity of continued treatment by initially paying no-fault benefits.
A witness need not be licensed in a particular field to be an expert, so long as the witness possesses the requisite knowledge, skill, experience, training, or education in that field.

Shaw v. Shaw 2002 ND 114
Docket No.: 20010268
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A child support obligor is entitled to an adjustment of a child support obligation for extended visitation if the trial court orders visitation or custody for the obligor parent that exceeds sixty out of ninety consecutive nights.

Nodak Mutual Ins. Co., et al. v. Stegman, et al. (Cross-Ref w/20000074) 2002 ND 113
Docket No.: 20010225
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An acknowledgment of satisfaction of judgment must be notarized or otherwise witnessed and authenticated.
A person who does not regain consciousness after an accident and does not suffer conscious pain and suffering may bring a personal injury action against the tortfeasor for other damages, and therefore is an "injured person" under the hospital lien statute, N.D.C.C. 35-18-01.
A hospital lien attaches immediately upon rendering of medical services to a person injured in an accident.
A valid hospital lien has priority over claims of other creditors, and the hospital is entitled to collect the full amount of its lien from the tortfeasor's insurance without equitable allocation with other creditors' claims.

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.