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| State v. Entzi, No. 20060066,
SUPREME COURT OF NORTH DAKOTA, July 18, 2006, Filed
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Overview: Court properly denied defendant's motion for termination of probation because, although he was required to complete sex offender treatment in prison, that was a prior condition of probation, and the judgment clearly stated that defendant's probationary period was to begin after his release from prison.
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| State v. Torkelsen, No. 20050250,
SUPREME COURT OF NORTH DAKOTA, July 18, 2006, Filed
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Overview: Motion to suppress should have been granted because defendant's Fourth Amendment rights were violated when his vehicle was stopped; the fact that defendant arrived at a murder scene, failed to move over for emergency vehicles, and left without violating traffic laws did not show a reasonable and articulable suspicion that he committed a homicide.
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| Wilson v. Ibarra, No. 20050357,
SUPREME COURT OF NORTH DAKOTA, July 18, 2006, Filed
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Overview: Father's motion for visitation under N.D. Cent. Code § 14-05-22(2) was improperly denied where a district court failed to make sufficient findings regarding how the father's past alcohol and abuse problems would have resulted in physical or emotional harm to the child; there were no evaluations from independent professionals regarding the harm.
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| Witzke v. City of Bismarck, No. 20060113,
SUPREME COURT OF NORTH DAKOTA, July 18, 2006, Filed
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Overview: An abuse of process claim against a city based on the alleged actions of a city attorney was properly dismissed based on collateral estoppel because an accused was attempting to relitigate the same issues that had already been presented in a criminal case. A defamation claim was also dismissed since the element of falsity was not satisfied.
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