Opinions

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.

Judicial Vacancy in the Northwest District 2002 ND 12
Docket No.: 20020004
Filing Date: 1/15/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship ordered retained in Minot.

State v. BlackCloud 2002 ND 11
Docket No.: 20010196
Filing Date: 1/15/2002
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Trial court's order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

St. Claire v. State 2002 ND 10
Docket No.: 20010133
Filing Date: 1/15/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: A trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law.

Disciplinary Board v. Crary 2002 ND 9
Docket No.: 20010200
Filing Date: 1/15/2002
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer may not draft a will that includes a substantial testamentary gift to the lawyer or the lawyer's parent, child, sibling, or spouse, unless the client is related to the beneficiary. Disbarment orderd.

City of Fargo v. Tipler 2002 ND 8
Docket No.: 20010209
Filing Date: 1/15/2002
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Juries do not have a right to decide a case contrary to law or fact, but instead, must accept the law from the trial court and apply the law to the facts.

Interest of J.S. (CONFIDENTIAL) (see Docket Memo) 2002 ND 7
Docket No.: 20010314
Filing Date: 1/15/2002
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: Before a court may order the extension of a continuing-treatment order it must find the patient is mentally ill, and there is a reasonable expectation that, if not treated, there exists a serious risk of harm to the patient, others, or property.
In some cases, a reporting doctor may reasonably conclude that less restrictive alternatives to hospitalization simply do not exist.