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| Lorenz v. Lorenz, No. 20060068,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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Overview: Though a court mischaracterized a former wife's assent that $ 250,000 in medical school loans were personal, not marital, debt, its apportioning the debt to her was not clearly erroneous as her decision to obtain a medical degree, and a second mortgage and credit card debt she incurred while obtaining it, were largely responsible for sizable debt.
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| Odden v. Rath, No. 20060170,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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Overview: Based on defendant's e-mail to plaintiff, his message board postings about her, and the turbulent history between the parties, the district court reasonably determined that an extension of a domestic violence protection order against defendant for two additional years was warranted pursuant to N.D. Cent. Code § 14-07.1-02.
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| State v. Anderson (In re Anderson), No. 20060088,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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Overview: State proved that a patient was a sexually dangerous individual, N.D. Cent. Code § 25-03.3-01, because experts concluded that he engaged in sexually predatory conduct, they agreed that he had a "severe" or "significant" antisocial personality disorder, and all three experts concluded that the patient was a sexually dangerous individual.
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| State v. Bovkoon, No. 20060312,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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| State v. Westmiller, No. 20060246,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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Overview: Because N.D. Cent. Code § 39-21-21 prohibited any use of high-beam headlights within 500 feet of an oncoming vehicle, the deputy had reasonable suspicion to stop defendant for violating the statute. Thus, the investigative stop of defendant's vehicle was constitutionally permissible. Therefore, defendant's motion to suppress was properly denied.
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| Stave v. Mell (In re Estate of Stave), No. 20060189,
SUPREME COURT OF NORTH DAKOTA, April 10, 2007, Filed
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Overview: Trial court properly granted motion for judgment as matter of law under N.D. R. Civ. P. 50 in widow's action against personal representative of testator's estate because widow failed to demonstrate disposition on part of testator's son to exercise undue influence; there was no evidence that son was in North Dakota at the time the will was executed.
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| Gisvold v. Windbreak, Inc., No. 20060209,
SUPREME COURT OF NORTH DAKOTA, April 19, 2007, Filed
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Overview: Because it was not clear from the record whether a district court applied the correct standard in deciding a motion for new trial under N.D. R. Civ. P. 59(b)(6), which a customer filed in a slip and fall case after a jury returned a verdict in favor of a casino, the court reversed the denial of the motion and remanded for reconsideration.
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| Riemers v. State, No. 20060310CA,
COURT OF APPEALS OF NORTH DAKOTA, April 27, 2007, Filed
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Overview: Summary judgment was properly awarded to North Dakota State Fair Association in plaintiff's suit alleging that a rule prohibiting solicitation and gathering of signatures for petitions except from paid concession location violated his right to free speech where North Dakota Supreme Court previously held that rule constituted reasonable restriction.
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| Riemers v. State, No. 20060382CA,
COURT OF APPEALS OF NORTH DAKOTA, April 27, 2007, Filed
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Overview: A trial court properly dismissed a husband's action against judges, which claimed that his legal and constitutional rights were denied during proceedings stemming from his divorce, where judicial immunity, pursuant to N.D. Cent. Code § 32-12.2-02(3)(d), barred the husband's claims for money damages; the judges' actions were judicial acts.
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