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1311 - 1320 of 12446 results
State v. S.J.H., et al. (Confidential)
2021 ND 218
Docket No.: 20210165
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Paternity
Author: Tufte, Jerod E.
Highlight: Under N.D.C.C. § 14-20-49(2), if an individual whose paternity is being determined declines to submit to genetic testing ordered by a court, a court may adjudicate parentage contrary to the position of that individual.
State v. S.J.H., et al. (Confidential)
2021 ND 218
Docket No.: 20210165
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Paternity
Author: Tufte, Jerod E.
State v. Neilan
2021 ND 217
Docket No.: 20210065
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.
Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State.
The district court’s acceptance of a plea agreement does not preclude it from later exercising discretion in reducing the defendant’s sentence. Such a reduction is subject to the abuse of discretion standard of review on appeal.
This Court’s power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant’s sentence.
Highlight: The district court did not abuse its discretion by denying the motion to vacate the order granting summary judgment.
To be entitled to an award of attorney’s fees under N.D.C.C. § 28-26-01(2), the prevailing party must allege the nature of the frivolous claim in a responsive pleading.
The district court must award attorney’s fees under N.D.C.C. § 28-26-01(2) only after it finds a claim for relief is frivolous.
Wades Welding v. Tioga Properties
2021 ND 214
Docket No.: 20210107
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John
Highlight: A district court may conduct a proceeding by reliable electronic means on its own motion or on a party’s motion.
An ostensible agency results when the principal causes a third person to believe another is the principal’s agent even though the other person is not employed by the principal.
Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim.
Wades Welding v. Tioga Properties
2021 ND 214
Docket No.: 20210107
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John
Boldt v. Boldt
2021 ND 213
Docket No.: 20210101
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair
Highlight: When determining primary residential responsibility of a minor child, the district court must consider the best interest factors and make findings with sufficient specificity to show the factual basis for its decision.
Deferential review of a district court’s primary residential responsibility determination is especially applicable in cases involving two fit parents.
Under N.D. Admin. Code § 75-02-04.1-01(6)(d), an individual obligated to provide child support may deduct a portion of payments made to afford health insurance coverage for the child.
State v. McCreary
2021 ND 212
Docket No.: 20210064
Filing Date: 12/1/2021
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair
Highlight: A flashlight may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6).
Dangerous weapon statute is not exhaustive, and whether an object is a dangerous weapon under the circumstances is a determination for the fact finder.
Interest of C.E. (CONFIDENTIAL)
2021 ND 211
Docket No.: 20210264
Filing Date: 11/26/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).
