Braaten v. Deere & Co., et al. , 1997 ND 202 - Civil No. 970080 The Stutsman County District Court did not abuse its discretion when it refused to apply the doctrine of equitable tolling. Because the district court did not apply the doctrine, we will not consider whether it is appropriate for a district court to apply an equitable tolling doctrine not based on statute.
Falcon v. State , 1997 ND 200 - Civil No. 970097 N.D.C.C. 29-15-21 demand for change of judge does not apply to proceedings brought under the Uniform Post-Conviction Procedure Act. Failing to object to evidence which would have been admissible over an objection was not ineffective assistance of counsel.
Lovcik v. Ellingson , 1997 ND 201 - Civil No. 960366 We affirm the trial court's permanent domestic violence protection order. The trial court's finding of "domestic violence" was not clearly erroneous. The trial court did not abuse its discretion by not requiring expert testimony and properly considered past incidents of domestic violence in issuing the permanent protection order.
State v. Clark , 1997 ND 199 - Criminal No. 960344 Under Rule 606(b), N.D.R.Ev., it is improper for a court to consider juror affidavits about the mental processes or reasoning of the jurors in arriving at a decision. The fact a shooting was intentional does not preclude a verdict of manslaughter if the shooting resulted from an unreasonable belief in the necessity of using force. There is a right to privacy inherent in the right to consult with counsel. A spouse seeking to assert the husband-wife privilege of Rule 504, N.D.R.Ev., must have acted in reliance upon an expectancy of confidentiality that is reasonable under all the circumstances. Rule 504, N.D.R.Ev., does not preclude the admission of a spouse's statements to another about an allegedly confidential communication between an accused and his or her spouse. To prevail on a motion for a new trial on the ground of newly discovered evidence, the defendant must show the weight and quality of the newly discovered evidence would likely result in an acquittal. A social worker, who is not a psychologist and not licensed or believed by the defendant to be licensed to practice medicine, is not a psychotherapist whose testimony the defendant could exclude under Rule 503, N.D.R.Ev.
Zimmerman v. Newton , 1997 ND 197 - Civil No. 970042 A North Dakota trial court does not err in declining to exercise jurisdiction over an interstate custody dispute when there was a prior proceeding about custody of the child pending in another state when the North Dakota action was filed.