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1041 - 1050 of 12446 results
State v. Frohlich
2022 ND 121
Docket No.: 20210303
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam
Highlight: A criminal judgment entered after a jury found a defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Tergesen
2022 ND 120
Docket No.: 20210309
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Theft
Author: Per Curiam
Highlight: A district court’s restitution order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
State v. Tergesen
2022 ND 120
Docket No.: 20210309
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Theft
Author: Per Curiam
Blue Appaloosa v. NDIC
2022 ND 119
Docket No.: 20210292
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.
Highlight: The Industrial Commission’s jurisdiction does not depend solely on the filing of an application, but instead on the jurisdictional fact of intent. The Commission has the authority and duty to investigate potential violations of its regulations, including a failure to obtain a permit or file a bond.
The Commission has regularly pursued its authority, and its findings and conclusions that an operator began construction on a treating plant prior to obtaining a permit or filing a bond in violation of N.D. Admin. Code ch. 43-02-03 are sustained by the law and by substantial and credible evidence.
Blue Appaloosa v. NDIC
2022 ND 119
Docket No.: 20210292
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.
Larson v. WSI
2022 ND 118
Docket No.: 20210333
Filing Date: 6/8/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald
Highlight: An appellant must satisfy statutory requirements for perfecting an appeal to the district court from an administrative agency decision for the court to have subject matter jurisdiction.
A petitioner for a writ of mandamus must show there is no plain, speedy, and adequate remedy and that they have a clear legal right to performance of the act sought to be compelled by the writ.
Under N.D.C.C. § 65-04-32(2), an employer is required to file a request for reconsideration of a Workforce Safety and Insurance notice of decision within the statutory time limit, and the time requirement is not extended by N.D.R.Civ.P. 6(e).
Larson v. WSI
2022 ND 118
Docket No.: 20210333
Filing Date: 6/8/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald
Gonzalez v. State
2022 ND 117
Docket No.: 20210289
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald
Highlight: Post-judgment motions following a judgment denying post-conviction relief will be treated as another application for post-conviction relief.
District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A proposed pre-filing order designating a person as a vexatious litigant is not appealable.
Gonzalez v. State
2022 ND 117
Docket No.: 20210289
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald
Wickham v. State
2022 ND 116
Docket No.: 20210313
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Highlight: A comment on a defendant’s post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution.
In considering whether counsel’s failure to object to a Doyle violation establishes a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different in the postconviction relief context, the district court must consider the factors outlined in State v. Wilder, 2018 ND 93, ¶ 9, 909 N.W.2d 684. They include: (1) the use to which the prosecution puts the post arrest silence; (2) who elected to pursue the line of questioning; (3) the quantum of other evidence indicative of guilt; (4) the intensity and frequency of the reference; and (5) the availability to the trial judge of an opportunity to grant a motion for mistrial or to give curative instructions.
A witness’s isolated reference to a defendant’s invocation of his right to counsel, without further elaboration or further mention by the State at any other time during the trial or in closing arguments, does not warrant a new trial for the defendant.
