DUI: Mandatory felony DUI fine properly imposed on Defendant whose only income is SSD but related surcharge improperly imposed without assessment of ability to pay… ability to pay cost of imprisonment, probation, alcohol treatment properly deferred to DOC… Cuffe affirmed, reversed. [Read more…]
Municipal Court appeal of cell phone conviction
MUNICIPAL COURT APPEAL of cell phone conviction properly dismissed for failure of jurisdictional amount of fine… Parker affirmed (IOR I-3(c)). [Read more…]
Parental rights, ineffective assistance, ICPC process
PARENTAL RIGHTS of North Dakota father improperly terminated as result of counsel’s erroneous presumption that an ICPC process was required… Deschamps reversed. [Read more…]
Parental termination, conditional relinquishment
PARENTAL TERMINATION of Mother improperly based on conditional relinquishment which never became effective… Deschamps reversed. [Read more…]
Youth in need of care, hearing time limits
YOUTH IN NEED OF CARE: Due process not violated by limiting/allocating time in adjudicatory hearing involving alleged sex abuse by father and false allegations by Mother . . . sufficient evidence that child suffered psychological abuse by Mother’s likely Factitious Disorder. . . Pinski affirmed. [Read more…]