State v. Miller Docket No.: 20240039 Filing Date: 8/14/2024 Case Type: Appeal - Criminal - Theft Author: Crothers, Daniel John
Highlight:Restitution must be limited to reasonable damages "directly related" to a criminal offense or expenses sustained as a "direct result" of the defendant's criminal action. There must be an immediate and intimate causal connection between the criminal conduct and the damages or expenses for which restitution is ordered. Extradition costs indirectly related to criminal conduct may not be imposed as restitution.
A district court is generally bound by the terms of a plea agreement it has accepted. After accepting a plea agreement and entering judgment, the court may not add an additional punishment.
Ziemann v. Grosz Docket No.: 20230355 Filing Date: 8/14/2024 Case Type: Appeal - Civil - Contracts Author: Crothers, Daniel John
Highlight:A denial of summary judgment puts the parties to their proof with a full opportunity to present all of their evidence. If a case goes to trial after a motion for summary judgment is denied, the question of whether the trial court erred in denying summary judgment is moot.
A partnership is an association of two or more persons to carry on as co-owners a business for profit. Whether a partnership exists depends on the facts and circumstances of each case. The critical elements of a partnership are (1) an intention to be partners, (2) coownership of the business, and (3) a profit motive.
The determination whether property held in the name of an individual partner belongs to the partnership is a question of fact. The relevant inquiry is whether the partners intended that the property in question be partnership property or individual property.
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. When a statement within a statement is at issue, each must be admissible on its own.
Interest of W.S., a Child Docket No.: 20240179 Filing Date: 8/14/2024 Case Type: Appeal - Juvenile - Termination of Parental Rights Author: Crothers, Daniel John
Highlight:A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Interest of W.S., a Child Docket No.: 20240180 Filing Date: 8/14/2024 Case Type: Appeal - Juvenile - Termination of Parental Rights Author: Crothers, Daniel John
Highlight:A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
State v. Enriquez Docket No.: 20240087 Filing Date: 8/14/2024 Case Type: Appeal - Criminal - Drugs/Contraband Author: Bahr, Douglas Alan
Highlight:Possession may be actual or constructive, exclusive or joint and may be shown entirely by circumstantial evidence.
Under N.D.C.C. § 12.1-01-04(9), a firearm means any weapon that will expel, or is readily capable of expelling, a projectile by the action of an explosive.
Burleigh Cty. Social Service Bd. v. Rath Docket No.: 20230411 Filing Date: 8/14/2024 Case Type: Appeal - Civil - Child Support Author: Jensen, Jon J.
Highlight:The doctrine of latches does not apply to child support arrearages.
Even if the division of juvenile services has temporary custody of a minor, the child support obligor still owes child support.
The State and obligee have standing to assert a claim for child support arrearages for a child who has reached the age of majority.
The Federal Consumer Credit Protection Act does not apply to child support.
Bolinske v. Sandstrom, et al. Docket No.: 20230359 Filing Date: 8/14/2024 Case Type: Appeal - Civil - Other Author: Tufte, Jerod E.
Highlight:A district court judgment dismissing a claim of defamation and awarding attorney's fees is affirmed.
A defamation action must be commenced within two years after the claim for relief has accrued. A cause of action accrues on a defamation claim when the publication of the false statement is made to a third party. The period of limitation for commencement of a defamation action is tolled during the 45-day period allowed in N.D.C.C. § 32-43-06 for responding to a request for correction or clarification. The statutory reference to 90 days in N.D.C.C. § 32-43-03(2) does not provide an additional 90-day tolling period in addition to the 45-day period in N.D.C.C. § 32-43-06.
The district court has discretion under N.D.C.C. § 28-26-01(2) to determine whether a claim is frivolous and how much to award in attorney's fees. The court is considered an expert in determining the amount of attorney's fees. A court is not required to describe its calculations in detail when making its findings regarding attorney's fees as long as this Court is able to discern a basis for the award.
Zundel v. City of Jamestown, et al. Docket No.: 20240080 Filing Date: 8/14/2024 Case Type: Original Proceeding - Criminal - Writ of Mandamus Author: Tufte, Jerod E.
Highlight:Retention of and access to court records is a matter of public interest warranting the exercise of this Court's original jurisdiction.
The judge of a municipal court or a clerk designated by the judge shall be responsible for the administration of all municipal court records in accordance with the records retention schedule.
The retention schedule requires the court to retain permanently a summary of the case or register of actions. A permanent record must be retained indefinitely.
