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| Boehmer v. T.A. (In the Interest of T.A.), No. 20060063,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Court did not err in terminating a father's parental rights under N.D. Cent. Code § 27-20-44(1)(b)(1); inter alia, his pattern of incarceration and failure to avail himself of assistance from social services led to his children suffering and his history of incarceration indicated children's deprivation would not cease in reasonable amount of time.
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| City of Jamestown v. Rethemeier, Nos. 20060099 & 20060100,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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| Eichhorn v. Waldo Twp. Bd. of Supervisors, No. 20050295,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Property owner's petition for writ of mandamus, N.D. Cent. Code § 32-34-01, compelling a township to install a bigger culvert to aid in drainage, was properly denied because, although better drainage could have been provided, the law did not require perfect drainage, and the rain event was a cataclysmic event, in excess of a 100-year flood.
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| Ernst v. State, No. 20060108,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: A trial court properly dismissed defendant's second application for postconviction relief where he failed to establish ineffective assistance of counsel. Misuse of process also occurred because defendant inexcusably failed to raise issues in his initial postconviction application that were raised in his second application.
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| Forbes v. Workforce Safety & Ins. Fund, No. 20050431,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Although workers' compensation claimant made intentional and material false statements which constituted violations of N.D. Cent. Code § 65-05-33, workforce safety and insurance (WSI) order requiring claimant to reimburse it for disability benefits after her surgery and for all of her medical benefits paid by WSI after her work injury was reversed.
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| Jangula v. Jangula, No. 20060168,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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| Lee v. Buehner, No. 20060052,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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| Livinggood v. Balsdon, No. 20060130,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Trial court did not err in concluding that a landlord forcibly ejected a tenant under N.D. Cent. Code § 32-03-29 through overt acts where landlord had twice driven in front of tenant's tractor, told him his farm lease was invalid, and threatened to call law enforcement; on both occasions, the tenant or his son stopped working and left the property.
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| Rummer v. State, No. 20050341,
SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Counsel was not ineffective in failing to adequately investigate various scientific evidence, Sixth Amendment, because any failure to bring forward testimony of an independent forensic entomologist and follow-up alibi witnesses would not have avoided evidence that the petitioner admitted to killing or participating in the victim's homicide.
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