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1251 - 1300 of 12418 results

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.

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.

DCI Credit Services v. Plemper 2021 ND 215
Docket No.: 20210183
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

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.

DCI Credit Services v. Plemper 2021 ND 215
Docket No.: 20210183
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

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).

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

Iakel-Garcia v. Anderson 2021 ND 210
Docket No.: 20210021
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

The district court must award primary residential responsibility to the parent who will promote the child’s best interests and welfare.

The district court must determine the total value of the marital estate in order to make an equitable division of property.

Muchow v. Kohler, et al. 2021 ND 209
Docket No.: 20210103
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights.

The district court may order visitation if petitioners prove: (1) a substantial relationship with the child and (2) the denial of visitation would result in harm to the child.

Petitioners have the burden of proving the requirements by clear and convincing evidence.

“Harm to child” means a “significant adverse effect on a child’s physical, emotional, or psychological well-being.”

Quamme v. Quamme 2021 ND 208
Docket No.: 20210093
Filing Date: 12/1/2021
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10).

Debt regularly forgiven by an employer from a loan based on an obligor’s employment constitutes gross income under N.D. Admin. Code § 75-02-04.1-01(4)(b) and (5).

For purposes of awarding spousal support, the district court does not need to provide a complete calculation of each parties’ assets, debts, and expenses, but a clear description of the parties’ financial situation is helpful in understanding the court’s rationale. When a court’s rationale is unclear, reversal and remand is appropriate.

Guardianship and Conservatorship of T.G.P.C. 2021 ND 207
Docket No.: 20210121
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: A Findings of Fact and Order Reappointing Guardian and Conservatorship and Continuing Guardianship Following Review and Denying Petitioners Request in Full is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Guardianship and Conservatorship of T.G.P.C. 2021 ND 207
Docket No.: 20210121
Filing Date: 11/26/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

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