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7151 - 7200 of 12359 results

Interest of G.L.D. (CONFIDENTIAL) 936 N.W.2d 539
Docket No.: 20190179
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion.

Thomas v. Thomas 936 N.W.2d 109
Docket No.: 20190094
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Interest of T.A.G. (CONFIDENTIAL) 926 N.W.2d 702
Docket No.: 20180374
Filing Date: 6/27/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Matter of Kulink 920 N.W.2d 446
Docket No.: 20180083
Filing Date: 2/25/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

In the Matter of Finstad (CONFIDENTIAL) 874 N.W.2d 910
Docket No.: 20130051
Filing Date: 6/26/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Transferred to incapacity to practice law status.

Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273) 904 N.W.2d 479
Docket No.: 20170272
Filing Date: 5/7/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072) 903 N.W.2d 83
Docket No.: 20170068
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Juvenile Law
Author: Jensen, Jon J.

Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact.

Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434) 894 N.W.2d 378
Docket No.: 20160403
Filing Date: 1/4/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Petition to Permit Temporary Provision of Legal Services 920 N.W.2d 908
Docket No.: 20160436
Filing Date: 10/16/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Order on petition for temporary lawyer practice.

O'Hara v. Schneider 890 N.W.2d 831
Docket No.: 20160318
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law.
When the original order establishing primary residential responsibility or parenting time is based on a stipulated agreement, district courts retain limited discretion to decide whether to consider relevant pre-custody evidence only if the previous judge issued court-made findings on such evidence.
In cases in which a party alleges domestic violence, the analysis requires consideration of the domestic violence factor under either N.D.C.C. § 14-09-06.2(1)(j) or N.D.C.C. § 14-09-29, depending on whether the case involves residential responsibility or parenting time, before turning to the additional best interests factors under § 14-09-06.2.
Any domestic violence negatively impacts the best interests of the children, regardless of whether the domestic violence was between the parents rather than directed at the children.

Interest of Nelson 889 N.W.2d 879
Docket No.: 20160113
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior.
The district court must specifically state the facts on which it relied to determine that an individual has serious difficulty controlling his behavior.

Curtiss v. Curtiss 886 N.W.2d 565
Docket No.: 20160064
Filing Date: 3/20/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The district court may conduct the best interest analysis for each individual child before ordering modification of parenting time.
The district court must provide a detailed demonstration of the harm to a child's physical or emotional health when it determines suspending the parenting time of a non-custodial parent is in the best interests of the child.

Wojahn v. Levi 861 N.W.2d 173
Docket No.: 20140315
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Beylund v. Levi 859 N.W.2d 403
Docket No.: 20140133
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions.

State v. Timm 881 N.W.2d 256
Docket No.: 20150332
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Mann 876 N.W.2d 710
Docket No.: 20150069
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8.
The authority to take judicial notice of prior offenses under N.D.C.C. 39-08-01(3) is limited to correcting errors or omissions in charging documents.

State v. Kordonowy 867 N.W.2d 690
Docket No.: 20140327
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague.
The statutory right to refuse to submit to chemical testing is not a defense to the charge of refusal to submit to a chemical test.
The district court does not have a duty to draft a jury instruction requested by the defendant.

State v. Baxter 863 N.W.2d 208
Docket No.: 20140325
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

State v. Harns 861 N.W.2d 173
Docket No.: 20140236
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Driving under the influence conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Washburn 861 N.W.2d 173
Docket No.: 20140154
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: An order dismissing a criminal prosecution for refusing to submit to a chemical test for intoxication is summarily reversed under N.D.R.App.P. 35.1(b).

State v. Beylund 861 N.W.2d 172
Docket No.: 20140105
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Birchfield 858 N.W.2d 302
Docket No.: 20140109
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to a chemical test is not unconstitutional under the Fourth Amendment or North Dakota Constitution. art. I, sec. 8.

State v. Williams 873 N.W.2d 13
Docket No.: 20150042
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: The district court has discretion in deciding whether to grant a request for a transcript, and the court abuses its discretion by refusing the request if a particularized need, necessity, or justification for its preparation and use is shown.

Disciplinary Board v. Varriano 909 N.W.2d 695
Docket No.: 20150342
Filing Date: 12/11/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Interest of J.A.H. (Consolidated w/20140146) 855 N.W.2d 394
Docket No.: 20140145
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: When a juvenile court provides insufficient findings to review, jurisdiction may be retained under N.D.R.App.P. 35(a)(3) and the case remanded with instructions that the juvenile court make expedited findings of fact.

Nemec v. Disciplinary Board 799 N.W.2d 370
Docket No.: 20110136
Filing Date: 1/15/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

State v. Juntunen 845 N.W.2d 325
Docket No.: 20130324
Filing Date: 6/18/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Disciplinary Board v. Howe 842 N.W.2d 646
Docket No.: 20140035
Filing Date: 5/29/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension vacated.

Phillips v. State 841 N.W.2d 731
Docket No.: 20130151
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A separate appeal from an order denying the transcript of a post-conviction relief hearing is unnecessary when an appeal from an order denying post-conviction relief is already pending.
When an indigent defendant has demonstrated a particularized need for a transcript, the district court abuses its discretion in denying his request for a free transcript.

Judicial Redistricting (consol. w/ 20130221) 833 N.W.2d 543
Docket No.: 20130153
Filing Date: 11/13/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Counties moved from South Central to Southeast Judicial District and Northwest Judicial District divided into two districts, effective January 1, 2014.

Interest of S.R.B. (Confidential) 830 N.W.2d 565
Docket No.: 20130112
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: In an expedited appeal taken from an order for hospitalization and treatment, a trial court must make findings of fact specially under N.D.R.Civ.P. 52(a) as to whether the respondent is a person requiring treatment and hospitalization is the least restrictive treatment.
A mental health patient has the right to notice and a hearing prior to the trial court's issuing an order requiring the use of prescribed medication.

Palmer v. State (consol.w/20110346-20110348)(cross-ref.w/20010123-20010126) 816 N.W.2d 807
Docket No.: 20110344
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of its rationale for its decision.

State v. Gress 803 N.W.2d 607
Docket No.: 20110047
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Assault
Author: Maring, Mary

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

Estate of Fisk 780 N.W.2d 697
Docket No.: 20090157
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: The review of fees paid or taken by a personal representative is left to the sound discretion of the district court.
The $3,000 funeral expense limit in N.D.C.C. 50-24.1-07(1) applies to a deceased medical assistance recipient's spouse's funeral expenses.
The Department of Human Service's right to recovery under N.D.C.C. 50-24.1-07 is limited to estate assets the medical assistance recipient had an interest in at the time of death, and does not extend to the surviving spouses's separately owned assets.

Miller v. Workforce Safety and Insurance, et al. 684 N.W.2d 641
Docket No.: 20040064
Filing Date: 1/5/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Ex parte communications are those that are without notice and opportunity for all parties to participate in the communication.
Workforce Safety and Insurance can consult with its outside legal counsel in reviewing a pending administrative law judge's recommendation as long as those communications are not ex parte.

Disciplinary Board v. Vela 699 N.W.2d 839
Docket No.: 20050173
Filing Date: 9/23/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Disciplinary Board v. Wilkes 673 N.W.2d 614
Docket No.: 20040012
Filing Date: 1/26/2004
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Howes v. Kelly Services, Inc. 649 N.W.2d 218
Docket No.: 20020014
Filing Date: 12/20/2002
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Neumann, William

Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict.
Once one party files a demand for a nine-person jury, other parties are entitled to rely on that demand for the issues it covers, and they need not file their own demand for a nine- person jury.

Petition to Change Resident Chambers from Watford City to Minot 643 N.W.2d 1
Docket No.: 20020048
Filing Date: 8/5/2002
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship transferred from Watford City to Minot.

Mau, et al. v. National Union Fire Ins. Co. of Pittsburgh 610 N.W.2d 761
Docket No.: 19990217
Filing Date: 2/20/2002
Case Type: Appeal - Civil - Insurance
Author:

Interest of J.S. (CONFIDENTIAL-M.H.) 621 N.W.2d 582
Docket No.: 20000344
Filing Date: 2/15/2001
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Expedited appeals under the mental health law are limited to the procedures, findings, and conclusions of the lower court. Because of this limited review, detailed findings are necessary.
A mental health patient has the right to the least restrictive conditions necessary to achieve the treatment purposes.

Disciplinary Board v. Keller 613 N.W.2d 510
Docket No.: 20000189
Filing Date: 7/19/2000
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Bard 430 N.W.2d 062
Docket No.: 19880291
Filing Date: 10/5/1998
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

State v. Hanson 558 N.W.2d 611
Docket No.: 19960103
Filing Date: 12/20/1996
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Scott v. ND Dept. of Transportation 557 N.W.2d 385
Docket No.: 19960060
Filing Date: 12/20/1996
Case Type: Appeal - Administrative - Department of Transportation
Author: Meschke, Herbert

Goodleft (Myrtle) v. Gullickson (Philip) 556 N.W.2d 303
Docket No.: 19950206
Filing Date: 12/10/1996
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

State v. Asbridge 555 N.W.2d 571
Docket No.: 19950413
Filing Date: 11/13/1996
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

American Insurance Co. v. Midwest Motor Express 554 N.W.2d 182
Docket No.: 19950411
Filing Date: 10/1/1996
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Diocese of Bismarck Trust, et al. v. Ramada Inc., et al. (Con. w/950380) 553 N.W.2d 760
Docket No.: 19950375
Filing Date: 9/10/1996
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Bangen, et al. v. Bartelson, et al. 553 N.W.2d 754
Docket No.: 19950326
Filing Date: 9/10/1996
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary