Opinions

State v. Vincent (Cross-Ref. w/19980185) 2002 ND 57
Docket No.: 20010218
Filing Date: 4/16/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

State v. Radcliffe 2002 ND 56
Docket No.: 20010254
Filing Date: 4/16/2002
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Judgment of conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

BTA Oil Producers, et al. v. MDU Resources Group, et al. 2002 ND 55
Docket No.: 20010122
Filing Date: 4/16/2002
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When an impoverishment results from a valid contractual arrangement made by a party, the result is not contrary to equity and there has been no unjust enrichment.
Unjust enrichment applies only in the absence of a contract between the parties, and there can be no implied-in-law contract where there is an express contract between the parties relative to the same subject matter.
Affidavits containing conclusory statements unsupported by specific facts are insufficient to raise a genuine issue of material fact precluding summary judgment.
When a party opposing summary judgment fails to invoke N.D.R.Civ.P. 56(f), the possibility that further discovery will yield favorable evidence raising an issue of material fact is not a ground to deny the motion.
Whether an agreement is a contract for sale governed by the Uniform Commercial Code is not decided by the labels used by the parties to characterize the transaction, but by the substance of the transaction and intent of the parties.
The filing of a motion to intervene, accompanied by a proper pleading, begins an action for purposes of the statute of limitations.

Petition to Change Resident Chambers from Watford City to Minot 2002 ND 54
Docket No.: 20020048
Filing Date: 4/8/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship transferred from Watford City to Minot.

Kelsh v. Jaeger 2002 ND 53
Docket No.: 20020060
Filing Date: 3/28/2002
Case Type: Original Proceeding - Civil - Writ of Prohibition
Author: Per Curiam

Highlight: The Legislature can truncate senate terms when reasonably necessary to accomplish a constitutional mandate or directive.
It is an impermissible delegation of legislative power for the Legislature to place in one person the unfettered discretion to stop an election.
When reapportionment results in a substantial constituency change, the constitutional requirement that a senator be elected from a district may justify truncating an incumbent senator's term to give the electorate an opportunity to elect a senator from that district.

Froistad v. State 2002 ND 52
Docket No.: 20010111
Filing Date: 3/18/2002
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: A defendant's oral statement may be treated as a motion to withdraw a guilty plea.
When accepting a factual basis for a guilty plea, a district court may consider information beyond what is presented at the plea hearing, including information in a presentence report.
A district court is not required to inquire about the specific type of medications, the dosages, and the effect the medications might have on a defendant's faculties before it accepts a guilty plea, as long as it finds the plea is voluntary.
A telephone conference at which the district court informs the parties of a ruling is not a critical stage of a trial requiring the defendant's presence.

Wagaman v. Burke 2002 ND 51
Docket No.: 20010260
Filing Date: 3/15/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: An order changing summer custody into summer visitation is an order establishing custody for purposes of the two-year restriction on motions to change custody.

Interest of J.D. (CONFIDENTIAL) 2002 ND 50
Docket No.: 20020049
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: The statute requires evidence that less restrictive conditions were considered to affirm a district court's commitment order as the least restrictive course of treatment appropriate for an individual.
The statute requires other forms of intervention be considered before a district court orders forced medication as the least restrictive form of intervention necessary to meet an individual's treatment needs.
Without explanation, mere conclusory statements by the treating psychiatrist and other physician are not helpful in determining whether a district court should authorize involuntary treatment with prescribed medications.

Peters-Riemers v. Riemers (See Docket Memo) 2002 ND 49
Docket No.: 20010274
Filing Date: 3/12/2002
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: An eviction action may be brought to enforce the terms of a divorce judgment.
Issues not presented to the trial court will not be considered for the first time on appeal.

City of Grand Forks v. Thong 2002 ND 48
Docket No.: 20010246
Filing Date: 3/12/2002
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: The legislature set twenty-eight days as the time a defendant in municipal court has to request a trial by jury.
Once a defendant requests a jury trial, a subsequent waiver of the right to a jury trial must be express.
Without evidence in the files of a municipal court of a defendant's obligation to appear, there is insufficient evidence to prove the defendant failed to appear.