Opinions

Whiteman v. State 2002 ND 77
Docket No.: 20010224
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A defendant cannot be required to demonstrate how his appeal would have been successful in order to establish that he was prejudiced by his attorney's failure to pursue a requested appeal.
If the evidence raises a reasonable inference of ineffective assistance of counsel, an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel is required.

Harger v. Harger 2002 ND 76
Docket No.: 20010186
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: When a motion seeking modification of a child support order is brought within one year after its entry, the movant has the burden of demonstrating a material change in circumstances and the burden of presenting sufficient evidence to justify modification under the child support guidelines.
A remedial sanction for contempt of court is appropriate for a willful failure to comply with a court order directing compliance with the provisions of a divorce decree.

State v. Paul 2002 ND 75
Docket No.: 20010272
Filing Date: 5/14/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: The trial court's judgment of conviction for the unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wilson v. Velva Rental Housing, Inc. 2002 ND 74
Docket No.: 20010308
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Summary judgment dismissing contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Disbrow 2002 ND 73
Docket No.: 20010257
Filing Date: 5/14/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The defendant's conviction on multiple counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Peters-Riemers v. Riemers (See Docket Memo) 2002 ND 72
Docket No.: 20010135
Filing Date: 5/14/2002
Case Type: Appeal - Civil - Child Support
Author: Neumann, William

Highlight: When the state constitution was adopted in 1889 there was no common law or statutory right to a jury trial in divorce actions, and, therefore, N.D. Const. art. I, sec. 13 does not provide a right to a jury trial in divorce actions.
Failure to provide truthful and accurate financial information to a potential spouse upon entering a premarital agreement is sufficient ground to render the agreement unenforceable.
N.D. Const. art. XI, sec. 23, providing that a woman's property, upon marriage, remains her separate property and is not liable for the debts of her husband, is not part of our divorce law and has no application to the division of marital assets in dissolving a marriage.

State v. Norby 2002 ND 71
Docket No.: 20010144
Filing Date: 4/19/2002
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: Defenses or objections based on defects in the institution of a prosecution or on defects in the criminal complaint must be raised prior to trial, unless the complaint failed to charge an offense or the district court did not have jurisdiction.

Negaard v. Negaard (cross-ref. w/20030174) 2002 ND 70
Docket No.: 20010251
Filing Date: 4/18/2002
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A move sought in good faith and to gain legitimate advantages for the custodial parent and the child must not be denied simply because visitation cannot continue in the existing pattern.
A custodial parent's past behavior is a relevant fact for the trial court to weigh in considering his or her motion to change a child's residence to another state.

Berg v. Berg 2002 ND 69
Docket No.: 20000355
Filing Date: 4/18/2002
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: There is a presumption only supervised visitation will be allowed a noncustodial parent who has committed domestic violence, and to award unsupervised visitation the court must enter specific findings showing there is clear and convincing evidence the presumption has been rebutted.
Under N.D.C.C. 14-09-08.10, the custodial parent must provide health insurance coverage for the children if it is available at no or nominal cost. Otherwise, the noncustodial parent must provide health insurance coverage for the children if it is available at reasonable cost. If neither situation exists, the trial court has discretion to make other provisions for health insurance coverage for the children.

Knutson, et al. v. The County of Barnes, et al. 2002 ND 68
Docket No.: 20010203
Filing Date: 4/18/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: Failure to present a claim against the state to the office of management and budget within one hundred and eighty days requires dismissal of a subsequent action. Summary judgment is appropriate when a party fails to plead the necessary elements to satisfy the statutory RICO requirements.