New Opinions: September 26thThursday, September 26, 2024
Martinez v. State Docket No.: 20240064 Filing Date: 9/26/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: Per Curiam
Highlight: A district court order denying an application for postconviction relief from the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Woolsey v. State Docket No.: 20240109 Filing Date: 9/26/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: McEvers, Lisa K. Fair
Highlight:The Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, does not apply to juvenile adjudications.
State v. Roller Docket No.: 20240051 Filing Date: 9/26/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Bahr, Douglas Alan
Highlight:"Willful" conduct is not incongruent with "intentional" conduct. "Willful" conduct includes "intentional" conduct, meaning a person's conduct can be both willful and intentional.
Habitual offender proceedings are sentencing proceedings. Therefore, the rules of evidence do not apply to the court's determination of whether an offender is a habitual offender.
Interest of J.R. Docket No.: 20240207 Filing Date: 9/26/2024 Case Type: Appeal - Juvenile - Termination of Parental Rights Author: Per Curiam
Highlight:A district court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1 (a)(2) and (4).
Interest of T.R. Docket No.: 20240208 Filing Date: 9/26/2024 Case Type: Appeal - Juvenile - Termination of Parental Rights Author: Per Curiam
Highlight:A district court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1 (a)(2) and (4).
State v. Hoffman Docket No.: 20240095 Filing Date: 9/26/2024 Case Type: Appeal - Criminal - Homicide Author: Per Curiam
Highlight:A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Estate of Olson Docket No.: 20240078 Filing Date: 9/26/2024 Case Type: Appeal - Civil - Probate, Wills, Trusts Author: Tufte, Jerod E.
Highlight:A district court order dismissing a petition for formal probate for failure to prosecute under N.D.R.Civ.P. 40(e) is reversed because the record does not show a lack of prosecution for more than a year.
Urrabazo v. State Docket No.: 20240085 Filing Date: 9/26/2024 Case Type: Appeal - Civil - Post-Conviction Relief Author: Per Curiam
Highlight:A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Interest of J.M.P. Docket No.: 20240223 Filing Date: 9/26/2024 Case Type: Appeal - Juvenile - Termination of Parental Rights Author: Per Curiam
Highlight:A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).
State v. Jalloh (consolidated w/20240010) Docket No.: 20240009 Filing Date: 9/26/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Per Curiam
Highlight:Judgments entered after a jury found the defendant guilty of tampering with evidence and murder are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Jalloh (consolidated w/20240009) Docket No.: 20240010 Filing Date: 9/26/2024 Case Type: Appeal - Criminal - Homicide Author: Jensen, Jon J.
Highlight:Judgments entered after a jury found the defendant guilty of tampering with evidence and murder are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
Liberty Petroleum Corp. v. NDIC, et al. Docket No.: 20240022 Filing Date: 9/26/2024 Case Type: Appeal - Civil - Administrative Proceeding Author: McEvers, Lisa K. Fair
Highlight:Pre-unitization costs of drilling and operating a well, which is now attributed to the unit, reasonably fall within the definition of unit expense. Under unitization, the risk penalty may be recovered out of, and only out of, production from the unit.
A physical taking is where the government requires an owner to suffer a permanent physical invasion of her property. Total regulatory takings occur when regulations completely deprive an owner of all economically beneficial use of her property. Property is subject to the police power of the state to impose such restrictions upon private rights as are practically necessary for the general welfare of all.
The Court accords greater deference to Industrial Commission findings of fact than it ordinarily accords to other administrative agencies' findings of fact. In orders approving a plan of unitization, the Commission made the required findings, and those findings are supported by substantial and credible evidence.
Disciplinary Board v. Merkens Docket No.: 20240261 Filing Date: 9/26/2024 Case Type: Discipline - Attorney - Suspension Author: Per Curiam
