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1151 - 1200 of 12359 results

State v. Martinez 2022 ND 21
Docket No.: 20210207
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Simmons v. Cudd Pressure Control, et al. 2022 ND 20
Docket No.: 20210166
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Highlight: Contractual waiver requires a right or privilege a party is legally entitled to enforce.

Sanctionable spoliation of evidence cannot occur prior to the existence of a duty to preserve evidence.

Simmons v. Cudd Pressure Control, et al. 2022 ND 20
Docket No.: 20210166
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Anderson v. Pedie, et al. 2022 ND 19
Docket No.: 20210147
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge.

The district court has discretion to award attorney’s fees as part of a remedial sanction for contempt to reimburse the complainant for costs and expenses incurred as a result of the contempt.

Whether to administer sanctions under N.D.R.App.P. 13 for noncompliance with the Rules of Appellate Procedure is discretionary with this Court.

Anderson v. Pedie, et al. 2022 ND 19
Docket No.: 20210147
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

State v. Bolinske, Sr. 2022 ND 18
Docket No.: 20210128
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours.

If a probable cause determination is not made within 48 hours, the government must demonstrate the existence of an emergency or other extraordinary circumstance.

An intervening weekend is not an emergency or other extraordinary circumstance.

The usual sanction for unlawful detention is the suppression of statements or evidence discovered as a result of the detention.

Dismissal of a criminal charge can be warranted in cases of egregious prosecutorial misconduct or on a showing of prejudice.

State v. Bolinske, Sr. 2022 ND 18
Docket No.: 20210128
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Fischer v. Hoyt 2022 ND 17
Docket No.: 20210164
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Recovery of attorney’s fees by a prevailing plaintiff under N.D.C.C. § 27-08.1-04 is available after the defendant removes a small claims action to the district court.

Section 27-08.1-04, N.D.C.C., generally permits a prevailing plaintiff to recover reasonable attorney’s fees for the district court proceedings and for a successful appeal.

Fischer v. Hoyt 2022 ND 17
Docket No.: 20210164
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Pomarleau v. Pomarleau, et al. 2022 ND 16
Docket No.: 20210083
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court may consider whether an obligor made a voluntary change in employment, and if they find the obligor did, the district court has the discretion to base the obligor’s child support income based on the previous, higher income.

A district court’s allocation of child tax credits is subject to the clearly erroneous standard of review.

A district court’s distribution of marital property is subject to the clearly erroneous standard of review. This Court reviews the findings as a whole, and they will be upheld on appeal despite relatively insignificant errors in the calculations.

Wald v. Hovey, et al. 2022 ND 15
Docket No.: 20210280
Filing Date: 1/6/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard.

Wald v. Hovey, et al. 2022 ND 15
Docket No.: 20210280
Filing Date: 1/6/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: VandeWalle, Gerald

Plaisimond v. State 2022 ND 14
Docket No.: 20210215
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Plaisimond v. State 2022 ND 14
Docket No.: 20210215
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Estate of Beach 2022 ND 13
Docket No.: 20210077
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting.

Material portions of a holographic will express donative and testamentary intent.

A district court’s finding that the material portions of a holographic will were not in the testator’s handwriting is supported by the record and affirmed.

Armstrong v. Helms 2022 ND 12
Docket No.: 20210227
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms.

State law is not preempted by federal law when the well operator can comply with both the state law and federal law.

The district court did not err in dismissing the claim as the plaintiff failed to exhaust his administrative remedies before bringing suit.

Armstrong v. Helms 2022 ND 12
Docket No.: 20210227
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Matter of Shane Lance Yates 2022 ND 11
Docket No.: 20210193
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters.

Matter of Shane Lance Yates 2022 ND 11
Docket No.: 20210193
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Matter of Amy Jo Yates 2022 ND 11
Docket No.: 20210194
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters.

Matter of Amy Jo Yates 2022 ND 11
Docket No.: 20210194
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Brendel Construction v. WSI 2022 ND 10
Docket No.: 20210229
Filing Date: 1/6/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons.

The information Workforce Safety and Insurance uses to calculate an employer’s liability must be indicative of the premiums the employer owes and sufficiently reliable to support the amount.

An ALJ’s finding that WSI used unreliable information to establish premium liability in this case is supported by the record and affirmed.

Brendel Construction v. WSI 2022 ND 10
Docket No.: 20210229
Filing Date: 1/6/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

State v. Mayland 2022 ND 9
Docket No.: 20210213
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: The statutory remedy provided in N.D.C.C. § 39-20-01(a) is limited to administrative proceedings where the driver refused to take a chemical test.

Regardless of whether a driver was arrested, the statutory exclusionary rule does not apply in this case, a criminal proceeding where the driver took the chemical test.

Issues not raised at the district court will not be considered for the first time on appeal.

State v. Mayland 2022 ND 9
Docket No.: 20210213
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al. 2022 ND 8
Docket No.: 20210050
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute.

State v. Castleman 2022 ND 7
Docket No.: 20210011
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect.

Livingston v. WSI, et al. 2022 ND 6
Docket No.: 20210232
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Livingston v. WSI, et al. 2022 ND 6
Docket No.: 20210232
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Lebeau v. State 2022 ND 5
Docket No.: 20210221
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Lebeau v. State 2022 ND 5
Docket No.: 20210221
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Muscha v. Krolik, et al. 2022 ND 4
Docket No.: 20210179
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding.

A district court’s award of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Muscha v. Krolik, et al. 2022 ND 4
Docket No.: 20210179
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

State v. Dargbeh 2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions.

State v. Dargbeh 2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Gerving v. Gerving, et al. 2022 ND 2
Docket No.: 20210074
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation.

The district court must properly calculate a child support obligor’s net income to determine the correct amount of support.

The district court has discretion to grant a parent’s request for a deviation in the amount of the child support obligation for expenses related to the child’s private school tuition.

Tergesen, et al. v. Nelson Homes 2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

The court has discretion in deciding to grant rescission of a contract, and the power should not be exercised lightly.

Tergesen, et al. v. Nelson Homes 2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Matter of Knoke 2021 ND 240
Docket No.: 20210081
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: The district court’s probable cause determination in a civil commitment case becomes moot once the commitment hearing is held.

In proceedings for the civil commitment of a sexually dangerous individual, the district court errs when it fails to make a finding on whether the respondent has serious difficulty controlling his behavior.

State v. Carrillo 2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.

The district court’s role in a preliminary hearing is not a trier of fact, but its function is solely to determine the existence or absence of probable cause.

The State is not required to introduce results of a field test or the state lab at a preliminary hearing, and probable cause can be established through circumstantial evidence and officer testimony. The State need only produce sufficient evidence to warrant a person of reasonable caution to believe a crime has been committed and the accused probably committed the crime.

State v. Carrillo 2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Estate of Smith 2021 ND 238
Docket No.: 20210114
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: In a proceeding initiated as informal probate, extensive litigation can convert the proceedings into formal probate.

In a formal probate proceeding, once a final judgment is entered approving a final distribution and accounting, a party may not file a petition to approve an amended final accounting.

While this Court disapproves of a district court’s wholesale adoption of a party’s proposed findings of fact, those findings of fact will not be overturned on appeal unless they are clearly erroneous.

A district court did not abuse its discretion in awarding attorney's fees to be paid by the personal representatives personally when it found the personal representatives’ motions were frivolous and for an improper purpose.

Estate of Smith 2021 ND 238
Docket No.: 20210114
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Taszarek, et al. v. Lakeview Excavating, et al. 2021 ND 237
Docket No.: 20210046
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: When the Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue based on the evidence already before it or may take additional evidence.

Under the “alter ego” approach to piercing the corporate veil, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist, and there must be an inequitable result if the acts in question are treated as those of the corporation alone. This approach analyzes whether a corporation is merely an instrumentality or alter ego of its owner, and requires examination of the Hilzendager-Jablonsky factors, including the “injustice, inequity or fundamental unfairness” element.

Cavare v. Kjelgren 2021 ND 236
Docket No.: 20200128
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.

A district court’s choice between two permissible views of the weight of the evidence is not clearly erroneous.

A district court’s decision to deny a motion for relief from a judgment will not be reversed on appeal unless the court abused its discretion in ruling there were not sufficient grounds for relief from the judgment.

Relief from a judgment on grounds of fraud, misrepresentation, or other misconduct is extraordinary relief that should only be granted in exceptional circumstances.

State v. Roberts 2021 ND 235
Docket No.: 20210161
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: Corroboration of an accomplice’s testimony is required under N.D.C.C. § 29-21-14. The corroboration need not establish a prima facie case, but must tend to connect the defendant with the crime.

Any error based on the district court’s failure to give a jury instruction regarding the corroboration required for an accomplice’s testimony was harmless.

State v. Roberts 2021 ND 235
Docket No.: 20210161
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Heggem v. Heggem 2021 ND 234
Docket No.: 20210212
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Heggem v. Heggem 2021 ND 234
Docket No.: 20210212
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Hehr v. Hehr 2021 ND 233
Docket No.: 20210176
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court’s distribution of marital property in a divorce proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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