http://www.ndcourts.gov/Search/Opinions.asp Opinions from the North Dakota Supreme Court http://www.ndcourts.gov/xml/seal.gif http://www.ndcourts.gov/Search/Opinions.asp http://www.ndcourts.gov/court/opinions/20090156.htm To admit a blood alcohol test report in an administrative proceeding to revoke an individual's driver's license, the documents and testimony presented must show scrupulous compliance with the methods approved by the State Toxicologist. Thu, 19 Nov 2009 15:41:10 CDT http://www.ndcourts.gov/court/opinions/20090056.htm The Department of Transportation cannot unilaterally decide hearings regarding the suspension or revocation of drivers' licenses for alcohol-related offenses will be by telephone. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090035.htm A conservator may be appointed for a protected person if the person is unable to manage property and affairs because of advanced age or mental deficiency.
A conservator may be appointed consistent with the maximum self-reliance and independence of the protected person.
Absent good cause, a court shall appoint a conservator according to the protected person's most recent nomination in a durable power of attorney.
A party may be entitled to attorney fees incurred in the good-faith initiation of a conservatorship proceeding. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090136.htm An alleged ethical violation by a testifying psychologist affects the weight and not the admissibility accorded the psychologist's opinion.
The admissibility of a psychologist's testimony is controlled by the rules governing the admission of expert opinion testimony. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090127.htm A parent with joint custody who wishes to relocate to another state with the children must make a motion for change of custody and a motion to relocate with the child.
A party seeking a change in custody more than two years since the prior custody order was entered must show there has been a material change in circumstances of the child or the parties and modification is necessary to serve the best interests of the children.
A parent's relocation to another state may constitute a material change in circumstances. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090141.htm Appeals in declaratory judgment actions are governed by jurisprudence for appeals of other orders, judgments and decrees.
To be immediately appealable, an interlocutory order must meet one of the statutory criteria for appealability and also must be certified under N.D.R.Civ.P. 54(b).
Supervisory jurisdiction will be invoked only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090194.htm Checking boxes on the bottom of the report and notice form, without providing a more detailed written explanation, can be sufficient to show probable cause to believe a driver was driving under the influence of alcohol.
A driver is afforded a reasonable opportunity to consult with a lawyer when an officer gave him the lawyer's home telephone number and the driver called the lawyer and left a message.
When a driver creates ambiguity regarding whether he or she will submit to chemical testing, the driver cannot complain about any reasonable interpretation of the driver's words and actions by the officer.
To cure a prior refusal to submit to chemical testing, a driver must make a clearly articulated reconsideration. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090113.htm A criminal judgment entered upon guilty pleas to one count of forgery and two counts of unauthorized use of personal identifying information is summarily affirmed under N.D.R.App.P. 35.1(a)(7). Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20080350.htm The proper time to challenge evidence offered in support of a request for an ex parte interim order is at a hearing upon the necessity of the issuance of the order.
A waiver precludes a subsequent assertion of the right waived or any claim based on the right.
Factor (l) of the best interests of the child analysis precludes consideration of allegations of harm unless the allegations are of harm as defined in N.D.C.C. 50-25.1-02. Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090158.htm A district court judgment affirming an order of Workforce Safety & Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5). Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090192.htm District court's order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1),(6), and (7). Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090147.htm A criminal judgment entered after a jury convicted the defendant of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090082.htm Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). Tue, 17 Nov 2009 14:58:38 CDT http://www.ndcourts.gov/court/opinions/20090187.htm District court judgment ordering payment of a contractual debt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). Tue, 17 Nov 2009 14:58:38 CDT