Opinions

Bell v. State 2001 ND 171
Docket No.: 20010139
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Klein v. ND Workers Comp. Bureau, et al. 2001 ND 170
Docket No.: 20010019
Filing Date: 10/18/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: The time period to file a claim for worker's compensation benefits begins on the first day a reasonable person, not learned in medicine, knew or should have known that the injury was work related.

Schmidt v. Ward Co. S.S.B., et al. (CONSOLIDATED W/2001114) 2001 ND 169
Docket No.: 20010113
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Neumann, William

Highlight: A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility.
An applicant for medicaid benefits must prove eligibility, and in determining medicaid eligibility, an asset is actually available even if the applicant must initiate legal proceedings to access the asset.
In determining food stamp eligibility, resources which are not accessible to the household during the period of excepted food stamp certification are excluded from the household's resources.

Dakota Partners v. Glopak, Inc., et al. 2001 ND 168
Docket No.: 20010092
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A contract provision prohibiting "offset" is not a waiver of the defense of fraud in the procurement of the contract.

Twogood v. Wentz, et al. 2001 ND 167
Docket No.: 20010106
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: Satisfaction of a cost judgment after an execution has been issued does not bar an appeal to reverse a summary judgment on the merits.
For a landlord to be liable for injury caused by a tenant's dog, the landlord must have had control of the property and knowledge of the vicious tendencies of a tenant's dog.

Shiek v. ND Workers Comp., et al. (Cross-reference w/970333) 2001 ND 166
Docket No.: 20010030
Filing Date: 10/16/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date.

City of Fargo v. Gullekson 2001 ND 165
Docket No.: 20010101
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed.

State v. Gleeson 2001 ND 164
Docket No.: 20010096
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of West Fargo v. Ross 2001 ND 163
Docket No.: 20010104
Filing Date: 10/16/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed.

Davison v. Wanner 2001 ND 162
Docket No.: 20010088
Filing Date: 10/16/2001
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4).