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   State Courts - North Dakota - May 11, 2006

  
Shaleen v. K.L. (In the Interest of K.L.), No. 20060115, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Court properly continued a mentally ill patient's commitment, N.D. Cent. Code § 25-03.1-21, where the clear and convincing evidence presented in the record reflected that the patient still posed a danger to himself because of his inability to care for himself and his risk of suicide.

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State v. Grager, Nos. 20050280 - 20050287, Nos. 20050288 - 20050292, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: An appeal was dismissed because the State was unable to challenge the dismissal of its cases under N.D. Cent. Code § 29-28-07(1) where it was the party seeking the dismissal after the suppression of evidence in a drug case; the ruling on the motion to suppress was not heard either since it was then moot.

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State v. Haibeck, No. 20050367, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Defendant admitted that in her case there was no evidence of bad faith by the police in the destruction of evidence and that thus, under the United States Constitution, there was no violation of her due process rights. Therefore, trial court erred in granting defendant's motion for a judgment of acquittal dismissing the drug charges against her.

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State v. Pace, No. 20050342, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Under the "totality of the circumstances" test, defendant was not denied the reasonable opportunity to consult with counsel prior to a chemical test in a driving under the influence case because an officer attempted to contact defendant's attorney, and defendant made no further requests for counsel after contact could not be made.

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State v. Ruud, No. 20050314, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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State v. Wheeler, Nos. 20050257 - 20050259, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Ziesch v. Workforce Safety & Ins., No. 20050256, SUPREME COURT OF NORTH DAKOTA, May 11, 2006, Filed
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Overview: Retroactive Notice of Intention to Discontinue/Reduce Benefits effective December 1999 did not violate the claimant's right to due process, because the claimant received no ongoing disability benefits either before or after her 1999 injury which would trigger due process protections.

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