Opinions

State v. Schmidt 2002 ND 43
Docket No.: 20010166
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: Absent an offer of proof to support the claim, a trial court does not err in denying a motion in limine for a jury instruction on an affirmative defense of innocent mistake of fact.

Wahl v. Country Mutual Ins. Co., et al. 2002 ND 42
Docket No.: 20010262
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The statutory requirement that an insurer give at least ten days notice of cancellation of a commercial insurance policy during the term of the policy does not require an insurer to provide notice of cancellation when the policy term expires.
The statutory requirement that an insurer give at least thirty days notice of intent not to renew a commercial insurance policy does not require an insurer to provide a notice of nonrewal when a policy term expires and the insured has not paid a renewal premium.

State v. Morrison 2002 ND 41
Docket No.: 20010105
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Judgment of conviction for assaulting a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Aipperspach 2002 ND 40
Docket No.: 20010142
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Denial of motion to suppress and judgment of conviction for abuse of child in violation of N.D.C.C. 14-09-22 summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dennison v. N.D. Dept. of Human Serv. 2002 ND 39
Docket No.: 20010250
Filing Date: 2/22/2002
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) affects the right or interest of the State in land in North Dakota under the exception to the Marketable Record Title Act in N.D.C.C. 47-19.1-11(2).
In a quiet title action, parties claiming an interest in a tract of land are entitled to an adjudication of the extent, validity, superiority, and priority of their claims to the land.

Gruebele, et al. v. Geringer 2002 ND 38
Docket No.: 20010149
Filing Date: 2/22/2002
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: A claimant's action to quiet title based on adverse possession will fail when the claimant is unable to prove hostile, exclusive, and continuous possession for the statutorily required time.

Kelly v. Kelly 2002 ND 37
Docket No.: 20010165
Filing Date: 2/21/2002
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: An order changing custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous.
When the previous custody award was based on the parties' stipulation, the trial court must consider all relevant evidence in making a considered and appropriate custody decision.

State v. Hirschkorn 2002 ND 36
Docket No.: 20010094
Filing Date: 2/21/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Because of the importance of an accused's confrontation rights, the safeguards built into N.D.R.Ev. 803(24), allowing admission in evidence of a child's hearsay statements about sexual abuse, must be strictly observed.
When there is a total lack of factual support for admission of a child's hearsay statements under N.D.R.Ev. 803(24) and a probability that the erroneous admission of the hearsay statements affected the outcome of the trial, admission of the statements is obvious error entitling the defendant to a new trial.

Zeller v. Zeller 2002 ND 35
Docket No.: 20010134
Filing Date: 2/21/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When the relevant factors for consideration in determining a motion to change the residence of a child to another state weigh in favor of the custodial parent's request to relocate the child, the trial court's denial of the motion is reversible error.
A stipulated divorce provision for an automatic change in custody upon the occurrence of a future event is unenforceable and the district court retains control over the rights of children, regardless of any contrary agreements of divorcing parties.

City of Jamestown v. Jerome 2002 ND 34
Docket No.: 20010219
Filing Date: 2/20/2002
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: A police officer is not fulfilling a community caretaking function when approaching a person under circumstances where it is obvious the person is neither in need of nor desires assistance.
Not all communications between law enforcement officers and citizens involve seizures implicating Fourth Amendment rights. A seizure within the context of the Fourth Amendment occurs only when an officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.