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| Berge v. Berge, No. 20050124,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Court's modification of husband's child support obligation pursuant to a wife's motion under N.D. Cent. Code § 14-09-08.4 was overturned where the court totally excluded the husband's capital gains income from the sale of farmland and from the sale of farm equipment. Nonrecurring payments were not excludable under N.D. Admin. Code 75-02-04.1-01(7).
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| Ficklin v. Ficklin, No. 20050364,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: In continuing a domestic violence protection order against a husband, a trial court erred in interpreting the domestic violence statute, N.D. Cent. Code § 14-07.1-02(4), because rather than basing the order on fear of imminent harm, trial court's focus appeared to be the elimination of the possibility of harm by removing the husband from the home.
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| State v. Anderson, No. 20050202, 20050229,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Investigatory stop did not become an arrest, Fourth Amendment, where, although defendants were made to lie handcuffed on the ground, police had information that they were heavily armed, on their way to a drug dealer's home, and therefore, the precautions used to remove defendants from the vehicle were reasonable and justified.
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| State v. Bergstrom, No. 20050110,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Because district court erred in its due process analysis of whether a claimant's due process rights had been violated by a delay in the forfeiture of items seized as evidence for his criminal trial and because findings of fact were inadequate to provide an understanding of the basis used to reach its decision, case was remanded for a new hearing.
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| State v. Ernst, No. 20050395,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: The district court's order denying appellant's conviction for indecent exposure was affirmed, where appellant failed to establish any basis for relief under North Dakota's Uniform Post-Conviction Procedure Act or under N.D. R. Crim. P. 35.
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| State v. Garten, No. 20050208,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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| State v. Klein, No. 20050293,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Defendant's conviction for driving while under the influence of alcohol was proper where a review of the record indicated that his counsel was not plainly defective.
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| State v. Stewart, Nos. 20050079-20050086,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Probable cause to execute a search warrant for defendant's residence and business existed where reliability of informants was established; all four informants gave detailed, firsthand information, much of which was internally corroborated. Court's consideration of officers' surveillance testimony was also reasonable in establishing probable cause.
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| Ward County Farm Bureau v. Poolman, No. 20050170, No. 20050170,
SUPREME COURT OF NORTH DAKOTA, February 23, 2006, Filed
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Overview: Court properly dismissed petitioners' request for writ of mandamus directing it to order Insurance Commissioner for State of North Dakota to require enforcement of its order to insurer because order did not mandate that insurer adopt Commissioner's recommendations, but only required that recommendations be "reviewed" by board of directors.
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