Opinions

Kautzman v. Kautzman (Cross ref. w/980004, 990328 & 990386) 2000 ND 190
Docket No.: 20000083
Filing Date: 10/30/2000
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: When a party executes on a money judgment to secure a division of property, the debtor is not entitled to an exemption for life insurance policies or annuities.
A trial court may enforce an equitable lien by whatever means appropriate to do justice between the parties.
If a party cannot demonstrate prejudice resulting from an allegedly defective notice, there is no right to redress.

Farstveet, et al. v. Rudolph, et al. 2000 ND 189
Docket No.: 20000044
Filing Date: 7/10/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Abandonment of the homestead must be established by clear and convincing evidence that the debtor voluntarily departed from the homestead and left without the intent to return and occupy it as a home.
A creditor cannot set aside as fraudulent a transfer of homestead property that the debtor could have claimed as exempt.
Property which is encumbered by valid liens exceeding the value of the property is not an asset within the meaning of the Uniform Fraudulent Transfer Act and is not subject to a fraudulent transfer.

State v. Loh 2000 ND 188
Docket No.: 20000095
Filing Date: 10/26/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: An officer has probable cause justifying a vehicle stop, based on evidence of a traffic violation, which is not invalidated when an officer subjectively suspects another offense.
Following a vehicle for five miles before initiating an investigatory stop does not invalidate the probable cause justifying the vehicle stop.

Schaefer, et al. v. Souris River Telecom., et al. 2000 ND 187
Docket No.: 20000011
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: A stipulation as to foundation does not eliminate a trial court's discretion to reject evidence on grounds of relevance.
Allowing a party to read the deposition of an opposing party's witness into evidence is not necessarily an abuse of discretion.
Denying a motion for new trial brought on the ground a party abused discovery by failing to provide a document relating to liability is not an abuse of discretion when liability is not at issue in the trial.

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.