Opinions

Mathre v. State 2000 ND 201
Docket No.: 20000097
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: Defense counsel should consult fully with the accused about any lesser included offenses the trial court may be willing to submit to the jury, but failure to do so is not always ineffective assistance of counsel.
A defendant alleging ineffective assistance of counsel has a heavy burden to demonstrate her counsel's representation fell below an objective standard of reasonableness and she was prejudiced by counsel's deficient performance.

O'Neill v. O'Neill 2000 ND 200
Docket No.: 20000091
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A movant seeking change of custody, who brings allegations, supported by affidavit, demonstrating a custodial environment which may be endangering the childrens' physical or mental health, presents a prima facie case entitling the movant to an evidentiary hearing.
If the allegations of a movant seeking a modification of child custody are so unfounded and unsupported as to render them false and not made in good faith, the court can award costs and reasonable attorney fees.

State v. Gehring 2000 ND 199
Docket No.: 20000114
Filing Date: 12/7/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Denial of a suppression motion and judgment entered on a conditional guilty plea are summarily affirmed. N.D.R.App.P. 35.1(a)(2).

State v. Lunstad 2000 ND 198
Docket No.: 20000113
Filing Date: 12/7/2000
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of surreptitious intrusion summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Wilson 2000 ND 197
Docket No.: 20000101
Filing Date: 12/7/2000
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Judgment of conviction for crime of accomplice to assault is summarily affirmed under N.D.R.App.P. 35.1(a) (3) and (7).

ND Workers Comp. Bureau, et al. v. General Investment Corp., et al. 2000 ND 196
Docket No.: 20000116
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Maring, Mary

Highlight: Section 38-09-01, N.D.C.C., generally reserves fifty percent of all oil, natural gas, or minerals whenever the State transfers land owned by the State.
The Workers Compensation Bureau may adjust or compromise claims upon defaults in the payment of premiums or premium installments.
A quitclaim deed executed by the State reflecting a compromise and a settlement releasing the Workers Compensation Bureau's doubtful claim to land, and does not reflect a sale resulting in a transfer of land.

Schumacher v. Schumacher (Cross-ref. w/990016) 2000 ND 195
Docket No.: 20000155
Filing Date: 12/7/2000
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Spousal support and child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Robb (Cross-reference w/ 20000096) 2000 ND 194
Docket No.: 20000259
Filing Date: 11/1/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney ordered disbarred.

Lake Region Lutheran Home, Inc. v. Halvorson, et al. 2000 ND 193
Docket No.: 20000120
Filing Date: 11/1/2000
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: An appeal from a trial court's judgment dismissing a motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) (the trial court did not abuse its discretion).

Center Mutual Insurance Co. v. Thompson 2000 ND 192
Docket No.: 20000118
Filing Date: 10/31/2000
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: Terms of an insurance policy are given their ordinary, usual, and commonly accepted meaning.
The absence of a definition in an insurance policy in and of itself does not establish ambiguity or mean the issue is automatically resolved in favor of the insured.
The existence of an employment relationship is ordinarily a question of fact.