Opinions

Nemec v. Disciplinary Board 799 N.W.2d 370
Docket No.: 20110136
Filing Date: 1/15/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

State v. Juntunen 845 N.W.2d 325
Docket No.: 20130324
Filing Date: 6/18/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Disciplinary Board v. Howe 842 N.W.2d 646
Docket No.: 20140035
Filing Date: 5/29/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension vacated.

Phillips v. State 841 N.W.2d 731
Docket No.: 20130151
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A separate appeal from an order denying the transcript of a post-conviction relief hearing is unnecessary when an appeal from an order denying post-conviction relief is already pending.
When an indigent defendant has demonstrated a particularized need for a transcript, the district court abuses its discretion in denying his request for a free transcript.

Judicial Redistricting (consol. w/ 20130221) 833 N.W.2d 543
Docket No.: 20130153
Filing Date: 11/13/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Counties moved from South Central to Southeast Judicial District and Northwest Judicial District divided into two districts, effective January 1, 2014.

Interest of S.R.B. (Confidential) 830 N.W.2d 565
Docket No.: 20130112
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: In an expedited appeal taken from an order for hospitalization and treatment, a trial court must make findings of fact specially under N.D.R.Civ.P. 52(a) as to whether the respondent is a person requiring treatment and hospitalization is the least restrictive treatment.
A mental health patient has the right to notice and a hearing prior to the trial court's issuing an order requiring the use of prescribed medication.

Palmer v. State (consol.w/20110346-20110348)(cross-ref.w/20010123-20010126) 816 N.W.2d 807
Docket No.: 20110344
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of its rationale for its decision.

State v. Gress 803 N.W.2d 607
Docket No.: 20110047
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Assault
Author: Maring, Mary

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Estate of Fisk 780 N.W.2d 697
Docket No.: 20090157
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: The review of fees paid or taken by a personal representative is left to the sound discretion of the district court.
The $3,000 funeral expense limit in N.D.C.C. 50-24.1-07(1) applies to a deceased medical assistance recipient's spouse's funeral expenses.
The Department of Human Service's right to recovery under N.D.C.C. 50-24.1-07 is limited to estate assets the medical assistance recipient had an interest in at the time of death, and does not extend to the surviving spouses's separately owned assets.

Miller v. Workforce Safety and Insurance, et al. 684 N.W.2d 641
Docket No.: 20040064
Filing Date: 1/5/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Ex parte communications are those that are without notice and opportunity for all parties to participate in the communication.
Workforce Safety and Insurance can consult with its outside legal counsel in reviewing a pending administrative law judge's recommendation as long as those communications are not ex parte.