Intel-Foods Corporation v. Alexander, 2002 ND 180 An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). Jacobson v. Garaas, 2002 ND 181 A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him. A lawyer's free speech rights are extremely limited in the courtroom during judicial proceedings. Sanctioning a lawyer for disruptive, belligerent, and disrespectful in-court statements does not violate his right to free speech.
November 5, 2002
Adoption of S.A.L., 2002 ND 178 A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel. Hemmesch v. Bonebrake, 2002 ND 168 Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4). Hilgers v. Hilgers, 2002 ND 173 A decision to appoint a guardian ad litem for a child is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. The trial court errs by not deciding the issue of visitation when both parties present requests for modification that are different from the existing visitation provisions. The standard of review for the effective date of a child support modification is abuse of discretion. The burden is on the obligor to present sufficient documentation of income to justify a modification. A party seeking custody modification is entitled to an evidentiary hearing if the party provides sufficient evidence that a material change in circumstances has occurred since the prior order and modification is necessary to serve the best interests of the child. Johnson v. N.D. Department of Transportation, 2002 ND 167 License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5). Larson v. Norkot Manufacturing, Inc., 2002 ND 175 For a cause of action for an attorney's legal malpractice, there must be damages to the client proximately caused by the attorney's breach of a duty to the client; the statute of limitations does not begin to run until the client has incurred some damages from the alleged malpractice; and the statute of limitations is tolled until the client knows, or with reasonable diligence should know, of the injury, its cause, and the defendant attorney's possible negligence. Meljie v. N.D. Workers Compensation Bureau, 2002 ND 174 For determining a worker's average weekly wage for receiving a disability benefit, "seasonal employment" includes an occupation that has periods of forty-five consecutive days of not receiving wages. Under the 1997 version of N.D.C.C. 65-05-09, a disabled employee is entitled to a weekly benefit equal to two-thirds of the employee's gross weekly wage, subject to a minimum of sixty percent of the state's average weekly wage, but not to exceed one-hundred percent of the employee's preinjury net weekly wage, after deducting social security and federal income tax. Obrigewitch v. Director, N.D. Department of Transportation, 2002 ND 177 Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the location of the ignition key. Continually avoiding or ignoring a police officer's request to submit to a blood alcohol test can be a refusal to submit to a chemical test. State v. Aune, 2002 ND 176 A trial court may order a condition of probation requiring the probationer to stay away from a specific place. State v. Fitterer, 2002 ND 170 Moving papers for a motion to suppress evidence require neither exceptional particularity nor supporting affidavits or other evidence, but must provide adequate notice to the trial court and the prosecution of the issues being raised. At a motion to suppress hearing, the initial burden is the defendant's to show a prima facie case. State v. Fontaine, 2002 ND 172 Conviction for simple assault of a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). State v. Leher, 2002 ND 171 A police officer approaching a stopped vehicle and inquiring in a conversational manner whether the occupant is okay or needs assistance is not a Fourth Amendment seizure. An officer directing a citizen to exit a parked vehicle, or otherwise ordering a citizen to do something may be a Fourth Amendment seizure. State v. Rohde, 2002 ND 169 Appeal from a conviction for driving under suspension or revocation, driving without liability insurance, and driving while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(1). Whiteman v. State, 2002 ND 166 Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). Wilson v. Koppy, 2002 ND 179 Mandamous is not available when there is another remedy at law.
November 4, 2002
Judicial Conduct Commission v. Berg, 2002 ND 165 Former municipal judge censured and prohibited from serving in the future as a municipal judge.