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| State v. Blue, No. 20050187,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: Conviction for gross sexual imposition was reversed because defendant's right to confrontation under the Sixth Amendment was violated when the State entered a videotape of the alleged victim into evidence. The videotape was testimonial in nature, and defendant was deprived of an opportunity to cross-examine the victim as required by Crawford.
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| State v. Ehli, Nos. 20060041 & 20060042,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: An appeal by the State of an order granting defendant's motion to suppress evidence was dismissed where the appeal of the suppression order was rendered moot by the dismissal of the case. There was no evidence that the trial court insisted that the case be dismissed; the trial court had dismissed the case on a motion of the State.
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| State v. Gresz, No. 20050401,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: A trial court did not commit obvious error by not including a jury instruction on self-defense during defendant's trial for disorderly conduct because without a showing of physical action upon another person, as defined in N.D. Cent. Code § 12.1-01-04(11), the failure to instruct the jury on self-defense was not error, let alone obvious error.
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| State v. Hansen, No. 20050387,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: Appellate court vacated order holding provisions for random drug testing as a condition of bail in N.D. Cent. Code § 19-03.1-46 unconstitutional where trial court failed to follow established procedures and orderly process; trial court raised issue of constitutionality of statute without briefing by any party and without notice to attorney general.
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| State v. Oien, No. 20050451,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: The district court did not err in denying defendant's motion to suppress because defendant did not have a reasonable expectation of privacy in the girlfriend's apartment after he became aware the property manager legitimately forbid him from being on the property.
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| State v. Rutherford, No. 20050374,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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| Ulsaker v. White, No. 20050207,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: Court's property distribution was inequitable, N.D. Cent. Code Ann. § 14-05-24, because, by awarding property to who "brought it along," a disparity of four million dollars was created that was not adequately explained; that financial disparity was aggravated by the court's failure to make a finding as to the total value of the marital estate.
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| Van Valkenburg v. J.S. (In re J.S.), No. 20060156,
SUPREME COURT OF NORTH DAKOTA, June 29, 2006, Filed
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Overview: Court did not err when it found that hospitalization was least restrictive alternative for respondent under N.D. Cent. Code § 25-03.1-21(1) where respondent, who suffered from chronic paranoid schizophrenia, Type II diabetes, and hypertension, testified that he did not believe that he had any illnesses and would not take any medication if released.
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