Opinions

City of Jamestown v. Dardis (CONSOLIDATED W/ 20000110) 2000 ND 186
Docket No.: 20000109
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Absent one of the exceptions to the warrant requirement at the time of the entry, evidence gained in violation of the Fourth Amendment's protections against unreasonable searches and seizures is inadmissible under the exclusionary rule.
To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent.
Opening the door widely with the knowledge a police officer is on the threshold is not sufficient affirmative conduct to constitute consent.

Syvertson v. State 2000 ND 185
Docket No.: 20000100
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A request for oral argument is incomplete if the requesting party fails to secure a time for oral argument.
A post-conviction relief application is denied if all issues were either fully and fairly determined in a direct appeal or petitioner inexcusably failed to raise them in that appeal.
Petitioner for post-conviction relief is not entitled to a new judge upon his application for post- conviction relief.

City of Mandan v. Leno 2000 ND 184
Docket No.: 20000104
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The limited statutory right of a person arrested for driving while under the influence of intoxicating liquor to a reasonable opportunity to consult with an attorney attaches after arrest.

Anderson v. Resler 2000 ND 183
Docket No.: 19990254
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Burlington Northern, et al. v. Benson Co. Water (Cons. w/990369-373;990378-380) 2000 ND 182
Docket No.: 19990368
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Fandrich, et al. v. Wells Co. Bd. of Co. Comm., et al. 2000 ND 181
Docket No.: 20000054
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

Highlight: While a court may issue a writ of mandamus ordering a government entity to comply with applicable law, it cannot control the government entity's discretion in determining the methods to be used in complying with the law.
Political subdivisions have no duty to provide perfect drainage.
When each party prevails on some issues, there is no single prevailing party against whom disbursements may be taxed.

Schuh, et al. v. Weiss, et al. 2000 ND 180
Docket No.: 20000161
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment awarding damages for cost of repair and loss of use and enjoyment of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mora 2000 ND 179
Docket No.: 19990377
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

State v. Haverluk 2000 ND 178
Docket No.: 20000077
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A law enforcement officer may conduct a limited search of a vehicle's interior if there is a reasonable suspicion of danger to the officer.
A law enforcement officer may search a vehicle's interior incident to a lawful arrest as long as the search is contemporaneous with the arrest. A search incident to arrest is not invalid simply because the search preceded the arrest as long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.

State v. Ellis (cross reference 2000092) 2000 ND 177
Docket No.: 20000006
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A defendant who seeks a new trial because voir dire has not been transcribed must first request transcription of the voir dire on the record. Failure to make a request for transcription on the record precludes a defendant from later asserting error.
A defendant requesting a change of venue has the burden of showing a reasonable likelihood of prejudice so pervasive that a fair and impartial jury could not be found.
Denial of change of venue will not be reversed unless the trial court abused its discretion.