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1181 - 1190 of 12359 results
Lebeau v. State
2022 ND 5
Docket No.: 20210221
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Muscha v. Krolik, et al.
2022 ND 4
Docket No.: 20210179
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.
Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding.
A district court’s award of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Muscha v. Krolik, et al.
2022 ND 4
Docket No.: 20210179
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.
State v. Dargbeh
2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.
Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions.
State v. Dargbeh
2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.
Gerving v. Gerving, et al.
2022 ND 2
Docket No.: 20210074
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald
Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation.
The district court must properly calculate a child support obligor’s net income to determine the correct amount of support.
The district court has discretion to grant a parent’s request for a deviation in the amount of the child support obligation for expenses related to the child’s private school tuition.
Tergesen, et al. v. Nelson Homes
2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
The court has discretion in deciding to grant rescission of a contract, and the power should not be exercised lightly.
Tergesen, et al. v. Nelson Homes
2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Matter of Knoke
2021 ND 240
Docket No.: 20210081
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald
Highlight: The district court’s probable cause determination in a civil commitment case becomes moot once the commitment hearing is held.
In proceedings for the civil commitment of a sexually dangerous individual, the district court errs when it fails to make a finding on whether the respondent has serious difficulty controlling his behavior.
State v. Carrillo
2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair
Highlight: A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.
The district court’s role in a preliminary hearing is not a trier of fact, but its function is solely to determine the existence or absence of probable cause.
The State is not required to introduce results of a field test or the state lab at a preliminary hearing, and probable cause can be established through circumstantial evidence and officer testimony. The State need only produce sufficient evidence to warrant a person of reasonable caution to believe a crime has been committed and the accused probably committed the crime.