Opinions

Peplinski v. County of Richland, et al. 2000 ND 156
Docket No.: 19990376
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

ND Dept. of Human Services v. Brenden 2000 ND 155
Docket No.: 20000081
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

Highlight: If a notice to creditors is published and mailed in compliance with N.D.C.C. 30.1-19-01, the time for original presentation of claims expires three months after the date of the first publication and mailing of notice to creditors.
If no notice to creditors is either mailed or published, the time for original presentation of claims is three years after the decedent's death.
A copy of a petition beginning probate proceedings and list of legatees, surviving joint tenants, and heirs at law sent to the Department of Human Services is not a notice to creditors.

State v. Gregg 2000 ND 154
Docket No.: 20000009
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree."
Contemporaneous with the lawful arrest of an automobile occupant, the officer may search the passenger compartment.
An automobile may be searched without a warrant, based on probable cause to believe the automobile contains articles subject to seizure.
An impounded vehicle may be inventoried as a routine caretaking procedure, rather than for investigation.

State v. Norton 2000 ND 153
Docket No.: 20000045
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: The State's appeal from an order suppressing evidence, or suppressing a confession or admission, must be accompanied by the statutorily required statement of the prosecuting attorney.

State v. Steen (Consolidated w/990333 & 990334) 2000 ND 152
Docket No.: 19990332
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Estate of Sagmiller 2000 ND 151
Docket No.: 20000055
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness.
A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms."

Kreidt v. Burlington Northern Railroad, et al. 2000 ND 150
Docket No.: 19990381
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Garofalo v. St. Joseph's Hospital, et al. 2000 ND 149
Docket No.: 20000035
Filing Date: 7/26/2000
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: If the terms of a contract are ambiguous, extrinsic evidence regarding the parties' intent may be considered, and the terms of the contract and parties' intent are questions of fact, not questions of law.

State v. Entzi 2000 ND 148
Docket No.: 19990329
Filing Date: 7/24/2000
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Tulintseff v. Jacobsen 2000 ND 147
Docket No.: 20000029
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Remand for clarification of findings of fact is unnecessary when, through inference or deduction, this Court can discern the rationale for the result reached by the trial court.
A trial court's determination on whether the presumption against awarding custody to the perpetrator of domestic violence is applicable is a finding of fact which will not be reversed unless it is clearly erroneous.