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1201 - 1250 of 12382 results

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).

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

Bridges v. State (consolidated w/20210119) 2021 ND 232
Docket No.: 20210118
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A petitioner must file an application for postconviction relief within two years of the date the conviction becomes final. However, a court may consider an application for relief after the two years have elapsed if the applicant establishes that he or she suffered from a mental disease that precluded a timely application for relief.

Bridges v. State (consolidated w/20210119) 2021 ND 232
Docket No.: 20210118
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Visser v. Visser, et al. 2021 ND 231
Docket No.: 20210151
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Visser v. Visser, et al. 2021 ND 231
Docket No.: 20210151
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Olsen 2021 ND 230
Docket No.: 20210127
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

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

State v. Hatcher 2021 ND 224
Docket No.: 20210137
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment and an order denying a motion to withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Hatcher 2021 ND 224
Docket No.: 20210137
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

State v. Houkom 2021 ND 223
Docket No.: 20210058
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1).

Hunter v. WSI 2021 ND 222
Docket No.: 20210185
Filing Date: 12/9/2021
Case Type: Appeal - Administrative - Workers Compensation
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) and (7).

Hunter v. WSI 2021 ND 222
Docket No.: 20210185
Filing Date: 12/9/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Narloch v. Narloch, et al. 2021 ND 221
Docket No.: 20210153
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Denial of a motion to relocate with minor children is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Narloch v. Narloch, et al. 2021 ND 221
Docket No.: 20210153
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Lindeman 2021 ND 220
Docket No.: 20210159
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A precise time period is not required in a criminal prosecution unless time is an essential element of an offense.

Time is not an essential element of gross sexual imposition.

State v. Lindeman 2021 ND 220
Docket No.: 20210159
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

State v. Rieger 2021 ND 219
Docket No.: 20210092
Filing Date: 12/9/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

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.

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