Opinions

State ex rel. Dept. of Corrections and Rehabilitation v. Haskell, et al. 2001 ND 14
Docket No.: 20000214
Filing Date: 1/30/2001
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Maring, Mary

Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.
Failure of a plaintiff to present a notice of claim, as required by N.D.C.C. 32-12.2- 04, renders the district court without jurisdiction.

Hurt v. Hurt 2001 ND 13
Docket No.: 20000177
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Evidence of domestic violence which does not trigger the statutory presumption under N.D.C.C. 14-09-06.2(1)(j) remains one of the best interest factors to be considered by the court.
A guardian ad litem's recommendation on child custody is not conclusive.
A trial court's custody determination is a finding of fact that is not set aside on appeal unless clearly erroneous.

City of Harvey v. Fettig 2001 ND 12
Docket No.: 20000185
Filing Date: 1/30/2001
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: The prosecutor's statement supporting an appeal from a suppression order cannot be a mere paraphrase of the statutory language, but must explain the relevance of and need for the evidence which was suppressed.

Nord, et al. v. Herrman, et al. 2001 ND 11
Docket No.: 20000063
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Any survey method that results in equitable allocation of a new shoreline in proportion to each owner's share of the original shoreline will satisfy the legal requirement of proportional allocation.
When a trial court is faced with conflicting opinions by expert witnesses for the parties, and the court could have relied on either party's expert witness, the court's choice between the two permissible views of the weight of the evidence is not clearly erroneous.
Changes in property boundaries caused by rising and falling waters is a natural consequence of riparian land ownership.
A quiet title judgment is not binding on other property owners in the area who were not made parties to the action and who might have a claim to the subject property.

Interest of J.S. (CONFIDENTIAL-M.H.) 2001 ND 10
Docket No.: 20000344
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Expedited appeals under the mental health law are limited to the procedures, findings, and conclusions of the lower court. Because of this limited review, detailed findings are necessary.
A mental health patient has the right to the least restrictive conditions necessary to achieve the treatment purposes.

Clark v. State 2001 ND 9
Docket No.: 20000296
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Neumann, William

Highlight: Under Apprendi v. New Jersey, 120 S.Ct. 2348, 2355 (2000), any fact, other than prior convictions, that increases the penalty for a crime beyond the prescribed statutory maximum must be found by a jury and proved beyond a reasonable doubt.

Doyle v. Sprynczynatyk 2001 ND 8
Docket No.: 20000244
Filing Date: 1/30/2001
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Points on a driving record must be reduced for completion of a defensive driver course only if the points are accumulated prior to completing the course. Points accumulate when entered on the driving record, not at the date of the traffic citation or conviction.

Disciplinary Board v. Howe 2001 ND 7
Docket No.: 20000211
Filing Date: 1/30/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A lawyer's conduct involving dishonesty, fraud, deceit, or misrepresentation generally results in suspension from the practice of law.

Reiser v. Reiser 2001 ND 6
Docket No.: 20000194
Filing Date: 1/30/2001
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: In dividing the marital estate, fault causing deterioration of the marriage is a relevant factor under the Ruff-Fischer guidelines.
In awarding attorney fees in a divorce proceeding, fault is only relevant to the extent one party has unreasonably escalated the fees.

State v. Kelly 2001 ND 5
Docket No.: 20000154
Filing Date: 1/30/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Judgment of conviction for gross sexual imposition, attempted gross sexual imposition, felonious restraint, and theft summarily affirmed under N.D.R.App.P. 35.1(a)(3).