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1091 - 1100 of 12446 results
Wheeler v. State (consolidated w/20220025 & 20220026)
2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
State v. Houle
2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair
Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.
The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.
State v. Houle
2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair
State v. Oshiro (consolidated w/20210255 & 20210256)
2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.
Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.
State v. Oshiro (consolidated w/20210255 & 20210256)
2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.
City of West Fargo v. McAllister
2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.
Highlight: The primary purpose of statutory interpretation is to determine legislative intent.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.
The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.
City of West Fargo v. McAllister
2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.
State v. Ruiz Ledezma
2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
State v. Ruiz Ledezma
2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Matter of Rose Henderson Peterson Mineral Trust
2022 ND 92
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam
Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.
Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.
Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.
Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.
