Opinions

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.

Mondry v. Mondry 2000 ND 216
Docket No.: 20000207
Filing Date: 12/21/2000
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Judgment valuing and distributing marital property and awarding attorney fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4).

State v. Lee 2000 ND 215
Docket No.: 20000171
Filing Date: 12/21/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Judgment of conviction for the felony offense of bail jumping is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Lawrence v. Delkamp (CONSOLIDATED W/20000151) 2000 ND 214
Docket No.: 20000061
Filing Date: 12/12/2000
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Under N.D.C.C. 14-09-06.2(1)(j), threats can constitute domestic violence for purposes of restricting visitation only if they constitute the infliction of fear of imminent physical harm.

Matrix Properties, Corp. v. TAG Investments, et al. (cross-ref. w/990336) 2000 ND 213
Docket No.: 20000192
Filing Date: 12/12/2000
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: District court's post-judgment order summarily affirmed under N.D.R.App.P. 35.1 (a)(1).

State v. Glass 2000 ND 212
Docket No.: 20000126
Filing Date: 12/12/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: DUI is a strict liability offense for which a jury instruction on culpability is not required.
Failure to preserve an objection or make an offer of proof precludes a later assertion of error unless a defendant establishes obvious error affecting the defendant's substantial rights. Obvious error is recognized only with extreme caution.

Syvertson v. Malaktaris, et al. 2000 ND 211
Docket No.: 20000146
Filing Date: 12/11/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment dismissing a complaint under Rule 12(b), N.D.R.Civ.P., is summarily affirmed under N.D.R.App.P. 35.1.