Opinions

State v. Heitzmann (Cross-Ref. w/20000312) 2001 ND 136
Docket No.: 20010017
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: There is no automatic-search rule for companions of an arrestee.
If an outside clothing pat-down search reveals the presence of an object of a size and density that reasonably suggests the object might be a weapon, the searching officer is entitled to continue the search to the inner garments where the object is located in order to determine whether the object is in fact a weapon.
A more intrusive Terry search may be constitutionally permissible when the detainee attempts to prevent an officer from performing an effective pat-down.
Officers are entitled to use the forcible means reasonably necessary to effectuate the detentive goals of investigation, maintenance of the status quo, or officer safety.

State v. Kelly 2001 ND 135
Docket No.: 20000293
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Assault
Author: Neumann, William

Highlight: Inmate disciplinary proceedings and the resulting consequences are civil in nature.
Erroneously admitted evidence that is cumulative to other properly admitted evidence is not prejudicial, does not affect substantial rights of the parties, and is harmless error.

Name Change of State Bar Board to Board of Law Examiners 2001 ND 134
Docket No.: 20010181
Filing Date: 7/20/2001
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

State v. Holte, et al. 2001 ND 133
Docket No.: 20010029
Filing Date: 7/20/2001
Case Type: Original Proceeding - Criminal - Writ of Certiorari
Author: VandeWalle, Gerald

Highlight: It is an affirmative defense to the strict liability crime of violating a domestic violence protection order that the defendant's acts were innocent or mistaken.

State v. Miller 2001 ND 132
Docket No.: 20000337
Filing Date: 7/20/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A trial court does not abuse its discretion or violate the defendant's right to present a defense when it excludes hearsay evidence about a dream the child-victim had about another male relative.
A trial court does not abuse its discretion when it excludes evidence which would have been merely cumulative of abundant other evidence establishing a fact.
As long as the defendant and witness are present in the courtroom and their view of each other is not physically obstructed, the Confrontation Clause is not violated by allowing the witness to testify while facing away from the defendant.

Kraft v. ND State Board of Nursing 2001 ND 131
Docket No.: 20000320
Filing Date: 7/20/2001
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: An agency's findings of fact are reviewed to determine if a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.
A registered nurse's refusal to submit to chemical testing, as required by employer policy, violates nursing standards.
A registered nurse's conviction for simple assault, without evidence of rehabilitation, violates nursing standards and relates adversely to the practice of nursing.
After participating in an adjudicative hearing in a position adversarial to the claimant, an agency's counsel improperly communicates with the agency if the communications regarding an issue in the proceeding are without notice and opportunity for all parties to participate.

US Bank v. Arnold 2001 ND 130
Docket No.: 20010071
Filing Date: 7/13/2001
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Whether a telephone call is an appearance entitling a defendant to eight days' notice before a hearing on an application for default judgment is generally a question of law, fully reviewable on appeal. When the nature, content, and purpose of the call is disputed, underlying factual questions are reviewed for clear error.
Relief from default judgment is extraordinary; a party seeking to disturb the finality of default judgment bears a heavy burden of proving the district court abused its discretion. To vacate default judgment, the moving party must present evidence connecting allegations of a medical condition, a busy schedule, or familial illness with excusable neglect.

Interest of P.M., et al. (CONFIDENTIAL) 2001 ND 129
Docket No.: 20000263
Filing Date: 7/13/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court's order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matrix v. TAG Investments (Cross-ref. w/990336, 20000192 & 20000356) 2001 ND 128
Docket No.: 20010060
Filing Date: 7/13/2001
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Post-judgment orders summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and double costs awarded under N.D.R.App.P. 38 and 39.

Interest of T.K. (Consolidated w/20000329) 2001 ND 127
Docket No.: 20000328
Filing Date: 7/10/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: Parents' fundamental and natural rights to their children are of constitutional dimension, but they are not absolute, and parents must at least provide care to their children that satisfies the minimum community standards.
When the mental and physical health of a child are the concerns, it is not enough that a mother indicates a desire to improve, and her failure to cooperate with social service assistance programs is a relevant factor in terminating parental rights.