Opinions

Estate of Lutz (Cross-Ref. w/960177 & 980390) 2000 ND 226
Docket No.: 20000098
Filing Date: 12/29/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: Whether services performed by a family member are so exceptional and extraordinary as to imply a contract to pay for those services is a question of fact.
Lack of legal advice to a prospective spouse to obtain independent counsel is a significant factor in weighing the voluntariness of a premarital agreement, but the presence of independent counsel is not a prerequisite to enforceability.
Separate statutes under the Uniform Premarital Agreement Act govern unconscionability at the time the agreement was executed, unconscionability at the time of separation or marital dissolution, and unconscionability that may result from enforcement at any time, including the time of death.
A spouse can waive any right of inheritance and succession in a valid and enforceable premarital agreement and consent to will.
Attorney fees are not allowed to a successful litigant unless expressly authorized by statute or agreement.

Jacobson v. ND Workers Comp. Bureau 2000 ND 225
Docket No.: 20000102
Filing Date: 12/29/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A willful false claim or false statement is sufficiently material for forfeiture of future benefits if it is a statement which could have misled the Bureau in a determination of the claim.
Before terminating a claimant's disability benefits, due process requires the Bureau to give the claimant pre-termination notice of its intent to terminate benefits, a summary of the evidence, and an opportunity to respond. The post-deprivation hearing must be provided at a meaningful time, as required by the due process clause.

Berger v. ND Workers Comp. et al. 2000 ND 224
Docket No.: 20000153
Filing Date: 12/27/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Highlight: An owner of a business is not entitled to workers compensation benefits without securing optional coverage.
In determining whether a claimant was an employee or an owner when he was injured, the rules for determining whether a person is an independent contractor or an employee, do not apply, and the Bureau may consider other evidence or factors.

State v. Helmenstein 2000 ND 223
Docket No.: 20000062
Filing Date: 12/27/2000
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: Voluntariness of a confession is determined by the totality of the circumstances, focusing on the characteristics and condition of the accused at the time of the confession, as well as the details of the setting in which the confession was obtained.
Miranda warnings are required when a person is in custody and is interrogated. Custody is a mixed question of law and fact and is fully reviewable on appeal.
The requirement of bringing a person before a magistrate without unnecessary delay is a factor to consider in evaluating the voluntariness of a confession. Unnecessary delay depends upon the circumstances of each case.
A change of venue rests in the sound discretion of the trial court and will not be reversed absent an abuse of discretion. A defendant challenging a denial of a change of venue must establish prejudice or establish that a fair and impartial jury could not be empaneled.

Interest of C.R.H. (CONFIDENTIAL) 2000 ND 222
Docket No.: 20000228
Filing Date: 12/21/2000
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: In terminating parental rights under N.D.C.C. ch. 27-20 the trial court has no authority to make the termination contingent on the terminated parents receiving visitation rights upon the child's adoption.

Disciplinary Board v. Keller 2000 ND 221
Docket No.: 20000225
Filing Date: 12/21/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Once objections are filed by an attorney to a hearing panel's findings and recommendations, the appropriate procedure to address a claim of lack of notice of order for default is to move the Supreme Court to remand the matter to the Hearing Panel for consideration of a motion to vacate.

Superpumper, Inc. v. Nerland Oil (Cross-reference w/970307) 2000 ND 220
Docket No.: 20000103
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: The automatic bankruptcy stay applies to actions against a non-debtor codefendant where there is such an identity between the debtor and the codefendant that the debtor is the real party defendant and a judgment against the codefendant is, in effect, a judgment against the debtor.

Pfeifle v. Tanabe 2000 ND 219
Docket No.: 20000134
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A lessee may terminate a lease and vacate the premises when the lessor fails to secure quiet possession of the premises within a reasonable time, considering the cumulative effect of long-standing and continuous problems.
Before vacating premises, a lessee must give notice to a lessor by requests to repair dilapidations or to secure quiet possession of leased property; however, such notice need not be in writing.
A lessee does not waive a right to terminate a lease by remaining in possession for a period after alleged problems occurred, when the problems continued throughout the period and the lessee repeated complaints and requests for repairs during the period.

Davenport v. State 2000 ND 218
Docket No.: 20000148
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: Although a trial court must inform a defendant of all direct consequences of a guilty plea, it need not advise a defendant of collateral consequences
The requirement for registration of a convicted sex offender is a collateral consequence.

Redfield v. Bitterman, et al. (CONSOLIDATED W/20000162 & 20000181) 2000 ND 217
Docket No.: 20000107
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Absent an abuse of discretion, the supreme court will not set aside a trial court's order on a motion for an extension of time to appeal, based upon excusable neglect.
Section 50-24.1-07, N.D.C.C., does not authorize recovery of medical assistance benefits from the estate of a recipient's spouse who predeceases the recipient, beyond assets to which the recipient had a legal title or interest.