New Opinions: Oct. 26 Thursday, October 26, 2023
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Matter of Reciprocal Discipline of Hill 2023 ND 204 Highlight: Lawyer reprimanded. |
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Interest of A.I. 2023 ND 203 Highlight: To comply with the requirements of N.D.C.C. § 25-03.1-21(1), the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative. However, we cannot order a less restrictive alternative even if it would be sufficient if evidence shows there is no such program currently available. |
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State v. Gonzales 2023 ND 202 Highlight: Under N.D.C.C. § 12.1-32-08, a district court may enter restitution for damages or expenses sustained by a victim that are immediate, intimate, causally connected and directly related to the criminal offense the defendant pleaded guilty or was found guilty. |
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State v. Ortiz 2023 ND 201 Highlight: A district court’s judgment sentencing a defendant to 55 years of incarceration is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Padilla v. Klimpel, et al. 2023 ND 200 Highlight: The district court order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of E.E.J.-C. 2023 ND 199 Highlight: A juvenile court order denying petition for guardianship of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Montenegro 2023 ND 198 Highlight: A criminal judgment entered after a jury conviction of harassment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Severance v. Howe 2023 ND 197 Highlight: The tort of battery exists at common law. A person is civilly liable for offensive-contact battery if he or she (1) acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (2) an offensive contact with the person of the other directly or indirectly results. |