Opinions

State v. Barth (Consolidated w/20010110) 2001 ND 201
Docket No.: 20010109
Filing Date: 12/20/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A trial court has broad discretion in selecting a method to impanel a jury, if it permits the defendant to exercise peremptory challenges without embarrassment and does not intimidate him from exercising them.
A person is guilty of preventing an arrest if, with intent to prevent a public servant from effecting an arrest, he creates a substantial risk of bodily injury to the public servant or to anyone else except himself, or employs means justifying or requiring substantial force to overcome resistance to making the arrest.

Heick v. Erickson 2001 ND 200
Docket No.: 20010212
Filing Date: 12/20/2001
Case Type: Original Proceeding - Criminal - Writ of Certiorari
Author: Neumann, William

Highlight: In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting.

Judicial Vacancy in the Northwest Judicial District 2001 ND 199
Docket No.: 20010229
Filing Date: 12/14/2001
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship moved from Northwest to East Central Judicial District.

Disciplinary Board v. Dooley 2001 ND 198
Docket No.: 20010278
Filing Date: 12/14/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for 30 days

Security State Bank of ND v. Orvik 2001 ND 197
Docket No.: 20010064
Filing Date: 12/10/2001
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops.

State v. Gates (Cross-ref. w/940388) 2001 ND 196
Docket No.: 20010167
Filing Date: 12/10/2001
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: The trial court's denial of a motion to deem a class C felony theft conviction to be a misdemeanor under N.D.C.C. 12.1-32-02(9) is summarily affirmed under N.D.R.App.P. 35.1(a).

Gaab v. Ochsner (CONFIDENTIAL) 2001 ND 195
Docket No.: 20010112
Filing Date: 12/10/2001
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A party is not required to prove actual or imminent domestic violence in order to obtain an extension of an existing protection order.

State v. Clark 2001 ND 194
Docket No.: 20010102
Filing Date: 12/10/2001
Case Type: Appeal - Criminal - Theft
Author: Maring, Mary

Highlight: Failure to file a transcript may prevent a party from being successful on appeal.
A trial court may modify conditions of probation if a defendant fails to pay adequate restitution.

Toni v. Toni 2001 ND 193
Docket No.: 20010084
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable.

Bellefeuille v. Bellefeuille 2001 ND 192
Docket No.: 20010028
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: A trial court does not abuse its discretion in denying a motion for relief from judgment, when the motion was made twenty-one years after the judgment was filed.
A trial court does not have jurisdiction to modify rehabilitative spousal support after the scheduled payments are completed, unless the trial court retains jurisdiction to do so within the decree.