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601 - 650 of 12358 results

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). 

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Martinez v. State 2023 ND 66
Docket No.: 20220281
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A party moving for a new trial is limited on appeal to the issues raised in its new trial motion.

A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court’s judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.

A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

Highlight: An insurance policy is a contract. An insurance contract relates to the parties executing it. Litigants cannot claim estoppel based on policies to which they are not a party; nor can they claim waiver of a provision in a policy they have no right to enforce.

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A Batson challenge includes a three-step inquiry: (1) A defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; (2) If that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and, (3) In light of the parties’ submissions, the trial court must determine whether the defendant has shown purposeful discrimination.

The burden for showing purposeful discrimination rests upon the opponent of the peremptory strike.

In reviewing challenges to the sufficiency of the evidence on appeal, the defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Section 39-08-01(1), N.D.C.C., provides that refusal to submit to a chemical test and driving or being in actual physical control while under the influence of an intoxicating liquor are separate offenses.

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Interest of D.H. (CONFIDENTIAL) 2023 ND 60
Docket No.: 20230057
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Richardson v. State 2023 ND 59
Docket No.: 20220291
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Bauer v. Bauer 2023 ND 58
Docket No.: 20220330
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: An amended judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: The structural error doctrine applies to a narrow class of rights, including three Sixth Amendment rights defining the framework of a trial: the right to counsel, the right to self-represent, and the right to a public trial. Voir dire falls within the scope of public trials under the Sixth Amendment.

A structural error affects the framework within which a trial proceeds and therefore renders the trial fundamentally unfair or an unreliable vehicle for determining guilt or innocence.

When a transcript is available to the public after the trial, all of the values of public access are preserved.

The de novo standard of review to whether facts rise to the level of a constitutional violation, including a claim that prosecutorial misconduct denied a defendant’s due process right to a fair trial.

Appellate review of a criminal sentence is generally limited to determining whether the district court acted within the statutory sentencing limits or substantially relied upon an impermissible factor.

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. K.J.A. (Confidential) 2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.

Highlight: Section 25-03.3-04, N.D.C.C., precludes a court from destroying records early under N.D.R.Juv.P. 19(e) when the alleged offense is an offense defined in N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2.

State v. K.J.A. (Confidential) 2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.

A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.

Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement.

An adequate record for review of a special assessment commission’s determination must include a showing of how the commission determined the project benefit.

A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.

Issues not raised in the district court cannot be raised for the first time on appeal.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A district court judgment dismissing a party’s claims is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court must make specific findings regarding whether a material change in circumstances resulted in a general decline or adversely affected the children in order to modify primary residential responsibility.

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.R.Civ.P. 83(b), when a procedure is not specified, the district court may regulate its practice in any manner that is not inconsistent with a statute or rule.

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: There is a fundamental right for a woman to obtain an abortion in instances where it is necessary to preserve her life or health.

Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic has a substantial likelihood of succeeding in establishing N.D.C.C. § 12.1-31-12 is not narrowly tailored to the State’s compelling interests.

A granting of a preliminary injunction will not be overturned unless the district court abused its discretion.

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Interest of C.V. 2023 ND 49
Docket No.: 20230040
Filing Date: 3/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4)

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Issues not necessary to the determination of an appeal will not be addressed.

The district court may rely on pre-divorce conduct when determining a custody matter when it was unaware of the conduct prior to the time of the hearing.

Issues not argued to the district court will not be considered for the first time on appeal.
A district court’s order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Evidence not stricken from the record, or for which the jury was not instructed to disregard, remains available for the jury’s consideration.

Sufficient evidence for a conviction exists if based on the evidence a jury could draw a reasonable inference of guilt.

An objection must be made to preserve each alleged issue for appeal. Without an objection, the alleged issue is reviewed for obvious error.

An individual who has pleaded guilty or been found guilty of indecent exposure is required to register as a sexual offender. The district court may deviate from this requirement, if specified conditions exist.

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Comments from the State focusing on inconsistencies in a defendant’s case do not amount to prosecutorial misconduct.

Substantial evidence existed to support the conviction and is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court must consider all of the parties’ assets and debts, including separate property, to ensure an equitable distribution of the marital estate.

A district court does not have discretion to include in the marital estate property acquired after the valuation date.

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception.
Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25.
Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt.

An existing lien on collateral, when acknowledged by a subsequent party taking an interest in that collateral, will remain foreclosable by the secured party maintaining the lien.

Privity exists when one is so identified in interest with another that the person represents the same legal right.

The plain language of a contract is used to determine the parties’ intent.

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable.

The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter.

Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished.

A property owner that successfully contests the validity or accuracy of a construction lien is entitled to an award of costs and attorney’s fees.

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements.

Additionally, the State must establish the individual has serious difficulty in controlling behavior, as required by substantive due process.

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