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   State Courts - North Dakota - November 7 - November 14, 2006

  
Riemers v. City of Grand Forks, No. 20060057, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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Overview: The district court did not err in granting summary judgment in favor of a city on a resident's open records request, by relying upon the Attorney General's opinion, or by holding the requested evidence logs were exempt from disclosure under N.D. Cent. Code § 44-04-18.7 at the time of the resident's request.

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Sambursky v. State, Nos. 20050330-20050335, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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Overview: District court erred in summarily dismissing, under N.D. Cent. Code § 29-32.1-09(1), postconviction relief claim of ineffective assistance of counsel as petitioner's claim that his attorney did not inform him concerning minimum amount of time he would be required to spend in prison pursuant to guilty plea satisfied both prongs of Strickland test.

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State v. Buchholz, Nos. 20060044 & 20060061, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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Overview: Defendant was properly prohibited from arguing a mistake of law defense under N.D. Cent. Code § 12.1-05-09 because his offense of possession of a firearm by a felon under N.D. Cent. Code § 62.1-02-01(2) was a strict liability offense and prior sentence was not illegal where it did not address whether defendant could possess firearm after probation.

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State v. Davis, No. 20060033, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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Overview: Defendant appealed a judgment after a jury found him guilty of carrying a concealed firearm and possessing a short-barreled shotgun; however, because the record was inadequate to determine whether defendant received ineffective assistance of counsel, the court summarily affirmed the judgment under N.D. R. App. P. 35.1(a)(3).

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State v. Just, No. 20060146, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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Overview: Even if trial court might have erred in finding that the phrase "window or other aperture" was not an essential element of surreptitious intrusion under N.D. Cent. Code § 12.1-20-12.2(1)(d), defendant was not entitled to arrest of judgment under N.D. R. Crim. P. 34 because any error was harmless as jury considered phrase and no prejudice was shown.

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Unterseher v. Ziegler, No. 20060181, SUPREME COURT OF NORTH DAKOTA, November 7, 2006, Filed
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N.D. Disciplinary Bd. v. Bullis (In re Bullis), No. 20060132, SUPREME COURT OF NORTH DAKOTA, November 13, 2006, Filed
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Overview: In an attorney disciplinary action, the supreme court determined an attorney violated N.D. R. Prof. Conduct 1.7(a), (b), and (c), and 1.8(a) and (b) because an attorney's conduct was pervasive and demonstrated an indifference to basic conflict of interest considerations when the attorney represented several clients involved in an investment.

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Tverberg v. Workforce Safety & Ins., No. 20060064, SUPREME COURT OF NORTH DAKOTA, November 13, 2006, Filed
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Overview: Worker's compensation claimant, whose back was injured when he was employed as an equipment operator for a construction firm, challenged termination of his award. Nevertheless, sufficient evidence existed to sustain conclusion that claimant was unwilling to complete rehabilitation training pursuant to options under N.D. Cent. Code § 65-05.1-01(4).

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Disciplinary Board v. Aakre (In re Aakre), No. 20060260, SUPREME COURT OF NORTH DAKOTA, November 14, 2006, Filed
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Overview: The attorney's actions violated N.D. R. Lawyer Disc. 1.2 and N.D. R. Prof'l Conduct 3.4 and 8.4, through violation of N.D. Cent. Code § 27-13-01(1). The attorney was suspended from the practice of law for eighteen months, and was ordered to pay costs in the amount of $1,000.

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