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12271 - 12274 of 12274 results
Interest of K.N.H., et al. (CONFIDENTIAL)
2005 ND App9
Docket No.: 20050018
Filing Date: 7/6/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Not Available
Highlight: A juvenile court order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Johnson v. State (Consolidated w/20050029)
2005 ND App8
Docket No.: 20050028
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An application for post-conviction relief may be denied on the grounds of res judicata and misuse of process. Whether there has been a manifest injustice supporting withdrawal of a guilty plea lies within the trial court's discretion. To succeed on a claim of ineffective assistance of counsel, a defendant must prove counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.
Gosbee v. Martinson, et al.
2005 ND App10
Docket No.: 20050056
Filing Date: 7/6/2005
Case Type: Appeal - Civil - Other
Author: Not Available
Highlight: Rule 54(e)(1), N.D.R.Civ.P., which provides that the trial court shall schedule a hearing when objections to costs and disbursements are filed, is mandatory and affords no discretion to the trial court to dispense with the required hearing unless it is expressly waived by the parties. When a motion is submitted under N.D.R.Ct. 3.2 and oral argument is properly requested, the trial court has no discretion to refuse to hold a hearing. When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.
Kerzmann v. Burleigh County Social Services
2005 ND App7
Docket No.: 20050076
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam
Highlight: The district court's dismissal of an attempted appeal because the appeal from an administrative law judge's decision affirming an agency employment termination was not properly perfected under N.D.C.C. 28-32-42 is summarily affirmed.
