Opinions

Gleich v. Gleich 2001 ND 185
Docket No.: 20010010
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

State v. Johnson (Consolidated w/20010026 & 20010027) 2001 ND 184
Docket No.: 20010025
Filing Date: 12/5/2001
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Lack of criminal responsibility is not an affirmative defense, and the nonexistence of the defense is an element of the offense which the State must prove beyond a reasonable doubt.
Appellate courts may notice obvious error affecting a substantial right of a party even if the error was not raised by the parties on appeal.

Interest of D.R., et al. (CONFIDENTIAL)(Consolidated w/20010099) 2001 ND 183
Docket No.: 20010098
Filing Date: 12/5/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: In deciding whether to terminate parental rights, the court can give substantial credence to evidence indicating a pattern of conduct by a parent that forms a basis for reasonable prediction the deprivation of the child is likely to continue and result in serious physical, mental, or emotional harm.

DeCoteau v. Nodak Mutual Insurance Co. (Cross-reference w/19990100) 2001 ND 182
Docket No.: 20010066
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: When a named plaintiff whose individual claim becomes moot has not even moved for class action certification prior to evaporation of his personal stake in the lawsuit, the plaintiff may not avail himself of the class action exception to the mootness doctrine.

Hellerud v. ND Dept. of Transportation 2001 ND 181
Docket No.: 20010173
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Chadwick v. N.D. Dept. of Transportation 2001 ND 180
Docket No.: 20010174
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle.

Alerus Financial v. Lamb, et al. (CONSOLIDATED W/20010178) 2001 ND 179
Docket No.: 20010177
Filing Date: 12/5/2001
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

Highlight: Summary judgments granting foreclosure of mortgages on rental properties are summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Dvorak v. Dvorak 2001 ND 178
Docket No.: 20000343
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: Trial courts may decline to consider arguments raised for the first time on a motion for reconsideration when those arguments could have been raised in earlier proceedings.
The purpose of N.D.R.Civ.P. 60(b)(iii) is not to correct outcomes that may be factually incorrect, but rather to protect against a party prevailing by unfair means.

Trottier v. Bird 2001 ND 177
Docket No.: 20010150
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: When a court lacks subject matter jurisdiction, it must dismiss the action under Rule 12(h)(3).

McDowell v. McDowell 2001 ND 176
Docket No.: 20010056
Filing Date: 11/2/2001
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay.
A parent's health problems are relevant in a custody decision if those problems might adversely affect the parent's ability to care for the child.
A court errs as a matter of law when it fails to comply with the requirements of the child support guidelines in determining an obligor's child support obligation.