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1081 - 1090 of 12235 results
Guardianship and Conservatorship of T.G.P.C.
2021 ND 207
Docket No.: 20210121
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam
Chase v. State
2021 ND 206
Docket No.: 20200315
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Highlight: A motion for summary disposition of an application for postconviction relief under N.D.C.C. § 29-32.1-09(3) must be made consistent with our rules for motion practice. A district court may not order summary disposition in response to a request in a pleading, including the State’s answer to an application for postconviction relief.
Interest of A.D. (CONFIDENTIAL)
2021 ND 205
Docket No.: 20200299
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Tufte, Jerod E.
Highlight: Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge.
Juvenile court’s finding that father abandoned child is not clearly erroneous when the father has not provided care for or had any contact with the child since 2007 or 2008, and has not made any significant attempts to locate the child or have the child placed in his care.
Juvenile court is not required to specifically identify and discuss each best interest factor if the Court is able to discern how the juvenile court’s findings apply to the best interest factors.
When a child is deprived by the parents, no finding of exceptional circumstances is required to be made by the juvenile court to grant a guardianship. The finding of deprivation eliminates the need for a finding of exceptional circumstances.
Craig v. State
2021 ND 204
Docket No.: 20210108
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.
Highlight: In a postconviction relief proceeding, claims that were raised or could have been raised in an earlier postconviction relief proceeding are barred by the doctrine of res judicata.
Matter of Michael J. Tharaldson Trust
2021 ND 203
Docket No.: 20210139
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John
Interest of J.M. (CONFIDENTIAL) (consolidated w/20210269-20210272)
2021 ND 202
Docket No.: 20210268
Filing Date: 11/17/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Interest of L.L.D.R. (CONFIDENTIAL)
2021 ND 201
Docket No.: 20210130
Filing Date: 11/17/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
State v. Nupdal
2021 ND 200
Docket No.: 20210015
Filing Date: 11/17/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.
Highlight: A scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine.
Estate of Behle
2021 ND 199
Docket No.: 20210059
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John
Highlight: A defect in the application for probate of a will does not render the probate void.
Summary judgment is appropriate in an undue influence claim if the non-moving party’s opposition is not supported with admissible evidence showing a genuine issue for trial.
The plain language of N.D.C.C. § 28-26-01(2) requires courts in civil actions to award costs and fees upon a finding a claim for relief was frivolous, providing the prevailing party pled the alleged frivolousness of the claim.
Section 28-26-31, N.D.C.C., authorizes attorney’s fees if allegations and denials in any pleading are not made without good faith and reasonable cause.
State v. Brewer
2021 ND 198
Docket No.: 20210105
Filing Date: 11/17/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair
Highlight: The defendant has the burden to show he is entitled to additional credit for time served in custody.
When time spent in custody is credited toward an unrelated charge, the defendant is not entitled to have that time spent in custody applied to another sentence.
An appellee who has not cross-appealed may not seek a more favorable result on appeal than received in the trial court.
