Opinions

Disciplinary Action Against Robb 2000 ND 146
Docket No.: 20000096
Filing Date: 7/20/2000
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Disciplinary Counsel must prove each violation by clear and convincing evidence.
When an attorney commingles part of a client's share of settlement proceeds with the attorney's own property, the attorney violates the duty to safekeep client property.

Holen v. ND Workers Comp. Bureau, et al. 2000 ND 145
Docket No.: 19990320
Filing Date: 7/20/2000
Case Type: Appeal - Administrative - Workers Compensation
Author: Neumann, William

Cox v. Cox 2000 ND 144
Docket No.: 19990279
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Hill v. State 2000 ND 143
Docket No.: 20000018
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An order granting a new trial is a final judgment under the Uniform Post-Conviction Procedure Act and is appealable.
The defendant has a right to be present when testimony is read back to a jury.
To uphold a conviction, the State must demonstrate a violation of the defendant's right to be present was harmless beyond a reasonable doubt.

Comes v. State 2000 ND 142
Docket No.: 20000023
Filing Date: 7/20/2000
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary judgment denying post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Designation of the Erickstad Courtroom 2000 ND 140
Docket No.: 20000196
Filing Date: 7/12/2000
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Mead, et al. v. Farmers Union Mutual Ins. Co. 2000 ND 139
Docket No.: 20000046
Filing Date: 7/7/2000
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An insurer generally has a duty to defend an action against its insured if the allegations in the complaint give rise to the possibility of coverage under the insurance policy.
A jury's finding in a criminal case that an insured acted intentionally and was not acting in self-defense when he killed another person is res judicata, precluding relitigation of the issue of intent in a later civil action.

Disciplinary Board v. Keller 2000 ND 138
Docket No.: 20000189
Filing Date: 7/5/2000
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Johnson Farms v. McEnroe, et al. (Cross-Ref. w/970045) 2000 ND 137
Docket No.: 19990297
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

ND Securities Commissioner v. Juran and Moody, Inc., et al. 2000 ND 136
Docket No.: 19990355
Filing Date: 7/3/2000
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol