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12241 - 12250 of 12250 results
State v. Bernstein
2005 ND App6
Docket No.: 20040298
Filing Date: 5/26/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam
Highlight: To satisfy the knowledge element of criminal trespass under N.D.C.C. 12.1-22-03(3), the State must prove that the defendant knew or had a firm belief, unaccompanied by substantial doubt, that he was not licensed or privileged to be on the property. A statement offered to show its effect upon the state of mind of the listener, rather than the truth of the matter asserted, is not hearsay.
City of Grand Forks v. Barnum
2005 ND App4
Docket No.: 20040323
Filing Date: 5/19/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam
Highlight: For a process to be a necessary part of the approved method, the State Toxicologist must expressly include it in the approved methodology and make it a part of the requirement for fair administration. Admission of a checklist other than the one generated in the course of administering a breath test is not a foundational requirement for admissibility of the test result generated in a breath test conducted with an Intoxilyzer 5000 KB-EP and printed on a "Form 106 KB-EP."
Haugstad d/b/a HB Rentals v. Baltrusch
1998 ND App7
Docket No.: 19970360
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Contracts
Author: Per Curiam
Severson v. Severson
1998 ND App6
Docket No.: 19970371
Filing Date: 8/18/1998
Case Type: Appeal - Civil - Child Support
Author: Burdick, Eugene
Monson v. Monson
1998 ND App9
Docket No.: 19980006
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
State v. Berlin
1999 ND App1
Docket No.: 19970399
Filing Date: 1/6/1999
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Riemers v. State of North Dakota, et al.
2007 ND App1
Docket No.: 20060310
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam
Highlight: Summary judgment is appropriate if the information available to the trial court does not establish a genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.
Riemers, et al. v. State, et al.
2007 ND App2
Docket No.: 20060382
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam
Highlight: A judge may not be held liable for any judicial act. Collateral estoppel generally prohibits the relitigation, in a second action, of particular issues of either fact or law which were, or by logical and necessary implication must have been, litigated and determined in the prior suit.
Riemers v. State
2007 ND App3
Docket No.: 20070038
Filing Date: 8/15/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam
Highlight: Factual assertions in a brief do not raise an issue of material fact satisfying Rule 56(e) for purposes of resisting a motion for summary judgment. A party asserting a constitutional claim must do more than submit bare assertions and must bring up the heavy artillery or forego the claim.