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| State ex rel. Stenehjem v. Philip Morris, Inc., No. 20060207, No. 20060213,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: A dispute over the payment of tobacco settlement funds fell within the scope of the settlement agreement's arbitration provision because the dispute involved an independent auditor's "calculations" or "determinations."
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| State ex rel. Workforce Safety & Ins. v. JFK Raingutters, LLC, No. 20060196,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Summary judgment was properly granted to an insurer in a collection action against a company and its owner for unpaid worker's compensation premiums because subject matter jurisdiction existed. 40 U.S.C.S. § 3172 was applicable to work done on an Indian reservation where the company was owned by a tribe member.
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| State v. Albaugh, No. 20060334,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Trial court did not err in denying defendant's motion to suppress evidence of drug paraphernalia under U.S. Const. amend. IV and N.D. Const. art. I, § 8, because officer was performing a community caretaking function when he entered the premises and defendant had consented to the officer accompanying him to an area where evidence was in plain view.
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| State v. Dennis, No. 20060265,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Defendant's conviction for possession of marijuana with intent to deliver, contrary to N.D. Cent. Code § 19-03.1-23, was overturned and the case was remanded for resentencing as Class B felony where N.D. Cent. Code § 19-03.1-23.1(1)(a) provided an enhancement only for manufacture and distribution of controlled substance within 1,000 feet of school.
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| State v. Falconer, No. 20060210,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Where a victim testified that she was injured only after attacking defendant, a self-defense instruction under N.D. Cent. Code § 12.1-05-03 should have been given, even if defendant was the initial aggressor when he pushed in a bathroom door. The force used by the victim had to be clearly excessive.
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| State v. Noack, No. 20060237,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Defendant's appeal from his conviction for illegally possessing a big game animal under N.D. Cent. Code § 20.1-05-02 was appropriately dismissed under N.D. R. App. P. 28(b) because his brief was a one-page, double-spaced brief that did not include a statement of issues or a statement of the facts, and it did not clearly articulate his argument.
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| State v. Paul, No. 20070025,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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| State v. Tutt, No. 20060205,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Defendant's conviction under N.D. Cent. Code § 19-03.1-23(1)(a) was reversed as the trial court should not have required his prior conviction to be admitted at trial, and it was ineffective assistance for defense counsel to succumb to the trial court's misunderstanding of Apprendi and to stipulate to sending the prior conviction to the jury.
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| Wynne v. A.S. (In the Interest of A.S.), No. 20060256,
SUPREME COURT OF NORTH DAKOTA, June 7, 2007, Filed
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Overview: Juvenile court did not clearly err in terminating a mother's parental rights under N.D. Cent. Code § 27-20-44 because the conditions of deprivation were likely to continue based on the mother's failure to take advantage of services offered to her and her inability to provide housing or transportation; children were likely to suffer serious harm.
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