Opinions

Kelsh v. Jaeger 2002 ND 53
Docket No.: 20020060
Filing Date: 3/28/2002
Case Type: Original Proceeding - Civil - Writ of Prohibition
Author: Per Curiam

Highlight: The Legislature can truncate senate terms when reasonably necessary to accomplish a constitutional mandate or directive.
It is an impermissible delegation of legislative power for the Legislature to place in one person the unfettered discretion to stop an election.
When reapportionment results in a substantial constituency change, the constitutional requirement that a senator be elected from a district may justify truncating an incumbent senator's term to give the electorate an opportunity to elect a senator from that district.

Froistad v. State 2002 ND 52
Docket No.: 20010111
Filing Date: 3/18/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: A defendant's oral statement may be treated as a motion to withdraw a guilty plea.
When accepting a factual basis for a guilty plea, a district court may consider information beyond what is presented at the plea hearing, including information in a presentence report.
A district court is not required to inquire about the specific type of medications, the dosages, and the effect the medications might have on a defendant's faculties before it accepts a guilty plea, as long as it finds the plea is voluntary.
A telephone conference at which the district court informs the parties of a ruling is not a critical stage of a trial requiring the defendant's presence.

Wagaman v. Burke 2002 ND 51
Docket No.: 20010260
Filing Date: 3/15/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: An order changing summer custody into summer visitation is an order establishing custody for purposes of the two-year restriction on motions to change custody.

Interest of J.D. (CONFIDENTIAL) 2002 ND 50
Docket No.: 20020049
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: The statute requires evidence that less restrictive conditions were considered to affirm a district court's commitment order as the least restrictive course of treatment appropriate for an individual.
The statute requires other forms of intervention be considered before a district court orders forced medication as the least restrictive form of intervention necessary to meet an individual's treatment needs.
Without explanation, mere conclusory statements by the treating psychiatrist and other physician are not helpful in determining whether a district court should authorize involuntary treatment with prescribed medications.

Peters-Riemers v. Riemers (See Docket Memo) 2002 ND 49
Docket No.: 20010274
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: An eviction action may be brought to enforce the terms of a divorce judgment.
Issues not presented to the trial court will not be considered for the first time on appeal.

City of Grand Forks v. Thong 2002 ND 48
Docket No.: 20010246
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: The legislature set twenty-eight days as the time a defendant in municipal court has to request a trial by jury.
Once a defendant requests a jury trial, a subsequent waiver of the right to a jury trial must be express.
Without evidence in the files of a municipal court of a defendant's obligation to appear, there is insufficient evidence to prove the defendant failed to appear.

Dufner v. Dufner 2002 ND 47
Docket No.: 20010163
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: If the evidence establishes one of the grounds for divorce, it is not necessary for the court to make findings on other available grounds.
For the purposes of determining a child support obligation, temporary income is included in the obligor's gross income.
Primary caretaker status does not enjoy paramount status in a child custody determination.

Dalan v. Paracelsus Healthcare Corp. 2002 ND 46
Docket No.: 20010269
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When a party fails to establish the existence of a factual dispute on an essential element of his claim, on which he will bear the burden of proof at trial, summary judgment is appropriate.
A claim for unjust enrichment does not apply when an express contract exists.

Opp v. Ward Co. Social Services Bd., et al. 2002 ND 45
Docket No.: 20010199
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support.

Henderson v. Director, N.D. Dept. of Trans. 2002 ND 44
Docket No.: 20010222
Filing Date: 3/12/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The Supreme Court exercises a limited review in appeals involving drivers' license suspensions or revocations.
Reliability and accuracy of an Intoxilyzer test result is established by demonstrating compliance with the methods adopted by the state toxicologist.