Opinions

City of Fargo v. Gullekson 2001 ND 165
Docket No.: 20010101
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed.

State v. Gleeson 2001 ND 164
Docket No.: 20010096
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of West Fargo v. Ross 2001 ND 163
Docket No.: 20010104
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed.

Davison v. Wanner 2001 ND 162
Docket No.: 20010088
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Ballard 2001 ND 161
Docket No.: 20000316
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Stockert v. Stockert 2001 ND 160
Docket No.: 20000353
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Jensen (Cross-Ref. w/20010012, 13 & 14) 2001 ND 159
Docket No.: 20010097
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Disciplinary Board v. Gronneberg 2001 ND 158
Docket No.: 20010184
Filing Date: 9/26/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7.

Dickson v. Dickson (cross-ref. w/960237) 2001 ND 157
Docket No.: 20010011
Filing Date: 9/5/2001
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: A custodial parent proposing a move to another state is not required to first seek employment outside the general area.
Although relevant to a custodial parent's proposed move to another state, a comparative cost-of-living analysis is not required.
In considering the location of family members on the noneconomic aspects of a proposed move, simply adding the number of relatives in each location and comparing the two numbers is an improper method for determining whether a move will enhance the noneconomic aspects of the lives of the custodial parent and the parties' child.

Warner and Company v. Solberg 2001 ND 156
Docket No.: 20000327
Filing Date: 9/5/2001
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: North Dakota's restraint of business statute prohibits an excessive restraint on a person's exercise of a lawful profession, trade, or business.
If an unreasonable restraining clause can be separated leaving a reasonable agreement, the reasonable clause will be sustained and the unreasonable restraining clause rejected.