Opinions

Buchholz v. ND Department of Transportation 2002 ND 23
Docket No.: 20010211
Filing Date: 2/20/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: A test operator scrupulously complies with the State Toxicologist's approved method to conduct a breath test if the test operator observes that the subject had nothing to eat, drink, or smoke in the twenty minutes prior to the collection of a breath sample.

Ghorbanni v. ND Council on the Arts, et al. 2002 ND 22
Docket No.: 20010164
Filing Date: 2/20/2002
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: VandeWalle, Gerald

Highlight: Presenting a claim letter to an assistant attorney general does not satisfy N.D.C.C. 32-12.2-04(1), which requires that notice of a claim against the State be presented to the Director of the Office of Management and Budget.
An action for retaliatory discharge in violation of public policy sounds in tort, not contract.

Piatz v. ND Dept. of Transportation 2002 ND 20
Docket No.: 20010232
Filing Date: 2/20/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Judgment of the district court affirming the decision of the Department of Transportation suspending driver's license for driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Guy 2002 ND 19
Docket No.: 20010136
Filing Date: 2/20/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition, burglary, robbery, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Burke v. State 2002 ND 18
Docket No.: 20010168
Filing Date: 2/20/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

State v. Ringsrud 2002 ND 17
Docket No.: 20010242
Filing Date: 2/20/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment of conviction for unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3).

State v. Randall 2002 ND 16
Docket No.: 20000325
Filing Date: 2/19/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Under N.D.R.Ev. 609 (a)(i), the burden is on the State to point to a danger of prejudice that substantially outweighs the probative value of prior convictions offered by a defendant in a criminal case to impeach a witness for the State.
Error is harmless under N.D.R.Ev. 609(a)(i) if the witness's credibility was sufficiently impeached by other evidence, or if the State's case was strong enough to support a conviction even apart from the witness's testimony.

Judicial Conduct Commission v. Tessmann 2002 ND 15
Docket No.: 20020009
Filing Date: 1/22/2002
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: Former municipal judge censured for violation of N.D. Code Jud. Conduct Canon 2, and prohibited from serving as a judge.

State v. Perreault 2002 ND 14
Docket No.: 20010180
Filing Date: 1/18/2002
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: A motion to dismiss tests the sufficiency of the information, but does not serve as a device for summary trial of the evidence.
A trial court may not grant a pretrial motion to dismiss based on a defense which raises factual questions embraced in the general issue of the defendant's guilt.

Bender v. Aviko USA L.L.C. 2002 ND 13
Docket No.: 20010162
Filing Date: 1/18/2002
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: In opposing a summary judgment motion, a party may not simply rely on unsupported and conclusory allegations or denials in the pleadings, but must, instead, set forth specific facts illustrating the existence of a genuine issue for trial.