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1101 - 1110 of 12359 results
Interest of R.S. (CONFIDENTIAL)
2022 ND 48
Docket No.: 20220039
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of R.S. (CONFIDENTIAL)
2022 ND 48
Docket No.: 20220039
Filing Date: 3/3/2022
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
State v. Lusby
2022 ND 47
Docket No.: 20210266
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Highlight: A criminal judgment entered after a jury found the defendant guilty of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Lusby
2022 ND 47
Docket No.: 20210266
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
State v. McGinnis (consolidated w/20210217)
2022 ND 46
Docket No.: 20210216
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.
Highlight: The pre-amendment version of N.D.C.C. § 12.1-32-07(6) unambiguously restrains a district court’s authority in probation revocation cases to imposition of the sentence initially imposed, but suspended.
When we reinterpreted N.D.C.C. § 12.1-32-07(6) in Dubois v. State, 2021 ND 153, 963 N.W.2d 543, to correct our prior misinterpretation of the statute, we were declaring what the statute has meant at all times before it was amended effective August 1, 2021.
When a defendant is resentenced after revocation of probation, the court imposes an illegal sentence if it resentences the defendant in excess of the suspended sentence imposed in the judgment of conviction.
State v. McGinnis (consolidated w/20210217)
2022 ND 46
Docket No.: 20210216
Filing Date: 3/3/2022
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.
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
