Opinions

Schuh, et al. v. Weiss, et al. 2000 ND 180
Docket No.: 20000161
Filing Date: 10/26/2000
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment awarding damages for cost of repair and loss of use and enjoyment of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mora 2000 ND 179
Docket No.: 19990377
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

State v. Haverluk 2000 ND 178
Docket No.: 20000077
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A law enforcement officer may conduct a limited search of a vehicle's interior if there is a reasonable suspicion of danger to the officer.
A law enforcement officer may search a vehicle's interior incident to a lawful arrest as long as the search is contemporaneous with the arrest. A search incident to arrest is not invalid simply because the search preceded the arrest as long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.

State v. Ellis (cross reference 2000092) 2000 ND 177
Docket No.: 20000006
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A defendant who seeks a new trial because voir dire has not been transcribed must first request transcription of the voir dire on the record. Failure to make a request for transcription on the record precludes a defendant from later asserting error.
A defendant requesting a change of venue has the burden of showing a reasonable likelihood of prejudice so pervasive that a fair and impartial jury could not be found.
Denial of change of venue will not be reversed unless the trial court abused its discretion.

City of Fargo v. Doty 2000 ND 176
Docket No.: 20000020
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Jury verdict of guilty on the charge of reckless driving summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), (4), and (7).

Rott v. ND Department of Transportation 2000 ND 175
Docket No.: 20000112
Filing Date: 10/3/2000
Case Type: Appeal - Administrative - Department of Transportation
Author: Neumann, William

Highlight: A statute providing for the cancellation of a minor's driver's license upon accumulation of a point total in excess of five points is not applied retroactively when the offense triggering the cancellation occurs after the effective date of the statute. Enactment of the statute does not change the status of the minor's driver's license so as to require notification of the statute's enactment.

Interest of E.T. (CONFIDENTIAL) 2000 ND 174
Docket No.: 20000248
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: An appeal of a trial court's involuntary medication order is rendered moot once the patient is released from the hospital and is no longer in need of medication.

Harn v. County of McKenzie, et al. (cross-reference w/980260) 2000 ND 173
Docket No.: 20000013
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A summary judgment for costs and disbursements and an order denying a motion for new trial in action for conversion and violation of public duty are affirmed under N.D.R.App.P. 35.1(a)(4), (6).

City of Fargo v. Hersch 2000 ND 172
Docket No.: 20000108
Filing Date: 10/3/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Judgment of conviction for driving while under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Coleman v. Goulet, f/k/a Chase 2000 ND 171
Docket No.: 20000105
Filing Date: 10/3/2000
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: The trial court's summary dismissal of a damage action because the plaintiff did not meet the threshold requirements under the Auto Accident Reparations Act, N.D.C.C. ch. 26.1-41, was summarily affirmed under N.D.R.App.P. 35.1(a)(6).