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1291 - 1300 of 12446 results
State v. Olsen
2021 ND 230
Docket No.: 20210127
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam
Motisi v. Hebron Public School District
2021 ND 229
Docket No.: 20210248
Filing Date: 12/23/2021
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: McEvers, Lisa K. Fair
Highlight: District courts consider the whole statute to determine the intent of the legislature, deriving that intent by comparing every section and subsection as a part of that whole, and by considering other statutes on the same subject matter.
Under N.D.C.C. § 15.1-15-02, a “probationary teacher” is an individual teaching for less than two years in a particular school district.
Motisi v. Hebron Public School District
2021 ND 229
Docket No.: 20210248
Filing Date: 12/23/2021
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: McEvers, Lisa K. Fair
American Federal Bank v. Grommesh, et al.
2021 ND 228
Docket No.: 20210080
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John
Highlight: When summary judgments are reviewed, the evidence is viewed in the light most favorable to the opposing party, giving that party the benefit of all favorable inference which can reasonably be drawn from the record.
The language of a contract governs its interpretation if the language is unambiguous.
Summary judgment is proper against a party who fails to make a showing sufficient to establish the existence of an element essential to the party’s case and on which the party will bear the burden of proof at trial.
The party asserting an avoidance or affirmative defense has the responsibility to set forth specific facts showing there is a genuine issue for trial on that defense to preclude summary judgment.
Vacancy in Judgeship No. 4, ECJD
2021 ND 227
Docket No.: 20210311
Filing Date: 12/22/2021
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
Highlight: Comments due December 16, 2021
Vacancy in Judgeship No. 4, ECJD
2021 ND 227
Docket No.: 20210311
Filing Date: 12/22/2021
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam
State v. Brown
2021 ND 226
Docket No.: 20210191
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair
Highlight: A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial.
The district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.
A district court abuses is discretion in refusing to allow the State to present its evidence at a preliminary hearing when testimony is not implausible or incredible.
State v. Brown
2021 ND 226
Docket No.: 20210191
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair
State v. Vannett
2021 ND 225
Docket No.: 20210158
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John
Highlight: An officer does not seize a person under the Fourth Amendment by approaching them in a public place.
In deciding whether a seizure is justified, this Court analyzes whether there is reasonable and articulable suspicion that a person has committed or is about to commit a crime.
The government must demonstrate a chemical test was fairly administered for it to be admitted into evidence.
Although N.D.C.C. § 39-20-07 provides a statutory shortcut for evidence of a chemical test result, expert testimony can be used to show fair administration of chemical testing.
State v. Vannett
2021 ND 225
Docket No.: 20210158
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John