State v. Gwyther, 1999 ND 15 An order dismissing a count in a criminal information without prejudice is appealable under N.D.C.C. 29-28-07(1). A criminal information must contain a written statement of the essential elements of the offense charged. Commission of an overt act is an essential element of the crime of conspiracy and must be alleged in the information. An oral ruling on a motion is not an appealable order.
January 27, 1999
Allied Mutual Ins. Co. v. Dir., N.D. Dep't of Transportation, 1999 ND 2 Actual notice of an occurrence is insufficient to satisfy the written notice of claim requirement of N.D.C.C. 32-12.2-04(1) (1995), for claims against the state or state employees. Darling v. Gosselin, 1999 ND 8 Under N.D.C.C. 14-08.1-05 a due and unpaid child support payment becomes a judgment as a matter of law. Post-judgment interest is determined in the same manner as judgments entered by a district court, and thus begins to accrue on the day the payment becomes due and unpaid. Post-judgment interest on child support arrears may be docketed as a judgment without interest. Erway v. Deck, 1999 ND 7 Those who have actual notice of facts sufficient to put a prudent person on inquiry about a particular fact and fail to inquire with reasonable diligence have constructive notice of the facts an inquiry would have revealed. Estate of Hartleib, 1999 ND 4 An order approving the final account, the final settlement of the estate, and the discharge of the personal representative is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). Hoffner v. Bismarck Public School District, 1999 ND 3 The notice of contemplated nonrenewal of a teacher's contract must list reasons for nonrenewal which are drawn from findings arising from the teacher's written evaluations. In determining whether to nonrenew a teacher's contract, the school board is not limited to problems identified in the teacher's most recent evaluation, but may consider matters raised in prior evaluations. Hurt v. Freeland, 1999 ND 12 Absent a special relationship or interference with the driver, there is no basis for liability on the part of passengers of an intoxicated driver. An action for civil conspiracy requires a showing of damages. Robot Aided Mfg., Inc. v. N.D. Dep't of Transportation, 1999 ND 14 A request for monthly copies of traffic convictions, admissions, and adjudications reported to the DOT is subject to the "reasonable fee" requirement under N.D.C.C. 44-04-18(2), and not the three dollar fee requirement for an abstract under N.D.C.C. 39-16-03. Schumacher v. Schumacher, 1999 ND 10 Medical expenses, supported by testimony, may be deducted when calculating obligor's child support obligation. A child support obligation may not be abated during summer visitation. State v. Ebach, 1999 ND 5 Comments made by the state's attorney during closing argument do not deny defendant a fair trial and require reversal where curative instructions, as well as jury instructions, prior to deliberations prevent the comments from being prejudicial. Motion for continuance is properly denied where defense counsel had access to information on the subject prior to trial and had reason to believe the statement would be elicited. Sufficient evidence supports a conviction for theft of property where the jury hears testimony regarding both the market value and replacement cost of various items. State v. Gagnon, 1999 ND 13 For use of former testimony at trial, inquiry as to the unavailability of a witness is whether the State has made a good-faith effort to locate the witness. A defendant who has raised self-defense may introduce evidence of the victim's violent or aggressive character. Generally, character may be proved by reputation or opinion testimony only. N.D.R.Ev. Rule 405 allows character to be proved by specific instances of conduct when character is in direct issue, or when used on cross-examination to rebut an assertion concerning a person's character. When a defendant has prior knowledge of specific instances of a victim's violent or aggressive behavior, evidence of such specific instances may be offered to justify the defendant's actions or show the defendant's state of mind. State v. Smith, 1999 ND 9 A probationary search does not require reasonable suspicion and does not violate the Fourth Amendment if the search is reasonable. A probation officer need not conduct a probationary search, but can assist other law enforcement officers. Vraa v. N.D. Workers Compensation Bureau, 1999 ND 6 For a claimant to be entitled to partial disability benefits under N.D.C.C. 65-05-10, there should be a partial physical disability and a loss of earning capacity causally related to the disability. Under N.D.C.C. 65-05-28, an injured employee may not change doctors without prior authorization by the Workers Compensation Bureau, and failure to obtain approval renders the employee liable for the cost of the treatment. Weber v. Weber, 1999 ND 11 A property settlement agreement will be upheld if entered into freely and knowingly, without fraud, duress, menace or undue influence, or a genuine mistake of fact or law, and it is not unconscionable.
January 6, 1999
State v. Berlin, 1999 ND App 1 - Court of Appeals If the record shows no evidence of confusion during guilty plea proceedings, a trial court does not abuse its discretion in denying a motion to withdraw a defendant's guilty plea. A trial court's failure to advise a defendant he is not eligible for release from prison until 85 percent of his sentence has been served does not affect the voluntariness of a guilty plea. Issues not raised in the trial court cannot be raised for the first time on appeal. State v. Herrick, 1999 ND 1 When, prior to State v. Herrick, 1997 ND 155, 567 N.W.2d 336, a no-knock search warrant was issued on a per se basis under N.D.C.C. 19.1-03.1-32(3) because drugs were alleged to be present in the place to be searched, the good-faith exception to the exclusionary rule applies.