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1171 - 1180 of 12426 results
Harty Insurance v. Holmes, et al.
2022 ND 45
Docket No.: 20210205
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam
Highlight: A district court’s summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38.
Harty Insurance v. Holmes, et al.
2022 ND 45
Docket No.: 20210205
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam
State v. Gaddie
2022 ND 44
Docket No.: 20210187
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair
Highlight: The purpose of jury instructions is to correctly and adequately advise the jury of the applicable law. Jury instruction must not be misleading or confusing. A conviction will be reversed based on an erroneous jury instruction only if it relates to a central subject in the case and affects a defendant’s substantial rights.
When a defendant faces multiple counts of the same offense, the jury instructions must identify the act underlying each count and factually distinguish between the counts or instruct the jury to unanimously agree on the act for each offense.
The elements of a crime may require different mental states. The term “willfully,” as defined by N.D.C.C. § 12.1-02-02(1)(e), is not necessarily inconsistent with a crime requiring a specific intent.
State v. Gaddie
2022 ND 44
Docket No.: 20210187
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair
Malloy, et al. v. Behrens
2022 ND 43
Docket No.: 20210155
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Highlight: An appeal is not moot when the appellant fails to request a stay on an order directing the sale of homestead property if the property was sold to a party interested in the action and the sale is not yet final.
In proceedings to force the sale of homestead property to satisfy a judgment, there must be an execution levied upon the property at the time of the petition for an appraisal of the property.
Malloy, et al. v. Behrens
2022 ND 43
Docket No.: 20210155
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Vacancy in Judgeship No. 6, ECJD
2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
Highlight: Judgeship retained at Fargo.
Vacancy in Judgeship No. 6, ECJD
2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
Baker v. Autos, Inc., et al.
2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John
Highlight: A district court’s decision on a motion for a new trial is reviewed for abuse of discretion.
The law of the case doctrine and the mandate rule restrict proceedings on remand to the district court.
Jury instructions should fairly inform the jury of the law applicable to the case.
Baker v. Autos, Inc., et al.
2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John
