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   State Courts - North Dakota - June 27 - July 5, 2007

  
Disciplinary Bd. v. Sletten (In re Sletten), No. 20070184, SUPREME COURT OF NORTH DAKOTA, June 27, 2007, Filed
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Overview: Pursuant to N.D. R. Lawyer Disc. 3.4(B), an attorney's license to practice law was suspended where a complaint had been filed against the attorney alleging that he took approximately $ 3,000 from an estate. The attorney acknowledged the misconduct and also admitted to taking an additional $ 40,000 held on behalf of another client.

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Helfenstein v. Schutt, No. 20060383, SUPREME COURT OF NORTH DAKOTA, June 29, 2007, Filed
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Overview: Pursuant to N.D. Cent. Code § 14-09-06.6, district court did not err in denying mother's motion for new hearing and to amend judgment as there was no material change in circumstances to visitation order. Under N.D. R. Evid. 706, mother should have opportunity to respond to therapists' letters prior to ruling on her motion for family therapy.

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Larson v. Fraase (In re Estate of Elken), No. 20060331, SUPREME COURT OF NORTH DAKOTA, July 2, 2007, Filed
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Overview: Definition of "reasonably ascertainable creditor" in N.D. Cent. Code § 30.1-19-01 did not exclude a creditor who submitted a bill to a decedent's guardian rather to the decedent or the estate because such an exclusion would be contrary to due process and principles of statutory construction.

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State v. Friedt, No. 20060276, SUPREME COURT OF NORTH DAKOTA, July 5, 2007, Filed
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Overview: Trial court did not abuse its discretion in admitting State's Exhibit 4, Form 104 where, pursuant to N.D. Cent. Code § 39-20-07, defendant's blood test was collected following the proper procedures set forth by the state toxicologist; police officer's testimony showed that defendant's blood was properly obtained, and laid foundation for admission.

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