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2601 - 2650 of 12382 results

State v. Gibson 2017 ND 15
Docket No.: 20160201
Filing Date: 2/16/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 29-19-02, a defendant "elects" his right to a speedy trial when the district court and the prosecutor receive the party's request.

Norberg, et al. v. Norberg 2017 ND 14
Docket No.: 20160098
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: Collateral estoppel means issue preclusion, and issues can be either legal or factual.
The Sixth Amendment's right to jury trial does not prohibit applying collateral estoppel when the earlier issue was decided without a jury.

Matter of C.D.G.E. (Confidential) 2017 ND 13
Docket No.: 20160150
Filing Date: 2/16/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court does not abuse its discretion in denying a parental-termination petition unless the petitioner establishes that denying the petition would seriously affect the child's welfare.

Chatman v. State 2017 ND 12
Docket No.: 20160295
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from summary denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Shelton v. Shelton 2017 ND 11
Docket No.: 20160126
Filing Date: 2/6/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's award of joint residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Louser, et al. 2017 ND 10
Docket No.: 20170023
Filing Date: 1/27/2017
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Per Curiam

Highlight: Supervision granted.

Ashley v. State 2017 ND 9
Docket No.: 20160238
Filing Date: 1/26/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's denial of a motion for post-conviction relief is summarily affirmed under N.D.R.App. P. 35.1 (a)(1).

Interest of Carter (cross-reference w/20100180) 2017 ND 8
Docket No.: 20160236
Filing Date: 1/26/2017
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).

Moline v. Workforce Safety and Insurance, et al. 2017 ND 7
Docket No.: 20160275
Filing Date: 1/26/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order, which affirmed WSI's order terminating a claimant's disability benefits, is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Harrison 2017 ND 6
Docket No.: 20160195
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction on four counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7).

State v. Catch the Bear 2017 ND 5
Docket No.: 20160182
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Lowe v. WSI 2017 ND 4
Docket No.: 20160287
Filing Date: 1/26/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment dismissing an appeal from an administrative order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Moreland (consolidated w/20160268) 2017 ND 3
Docket No.: 20160267
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court's order denying a request to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Nelson (consolidated w/20160225)(cross-ref. w/20150212) 2017 ND 2
Docket No.: 20160224
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of Voisine (cross-ref. w/20090182, 20100163, 20120325 & 20140051) 2016 ND 254
Docket No.: 20160061
Filing Date: 12/30/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Courts are not restricted to actuarial tests in determining whether an individual is likely to engage in further acts of predatory conduct; all relevant conduct should be considered.
There must be a nexus between a sexually dangerous individual's congenital or acquired condition and his serious difficulty in controlling his behavior.

Castillo v. N.D. Dep't of Transportation 2016 ND 253
Docket No.: 20160192
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: When statutory language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit.
Although for purposes of the criminal refusal statute a police officer must inform a driver that the driver may remedy a refusal of an onsite screening test by taking a subsequent chemical test, the statute does not require the driver to be informed of this remedy for purposes of administrative revocation of driving privileges for refusing an onsite test.

Koenig v. Schuh, et al. 2016 ND 252
Docket No.: 20160060
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A civil personal injury litigant is not constitutionally or statutorily entitled to a free transcript.

Rasmussen v. Harvey 2016 ND 251
Docket No.: 20160219
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court must balance one party's financial needs against the other party's ability to pay when awarding attorney's fees and costs in divorce proceedings.

Kraft v. State 2016 ND 250
Docket No.: 20160116
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: If the State moves to dismiss an application for post-conviction relief, the applicant must be allowed thirty days to respond if the State's motion asks the district court to go beyond the pleadings.
If the State's motion to dismiss does not ask the district court to go beyond the pleadings, the applicant must be allowed fourteen days to respond.

Western Petroleum, LLC, et al. v. Williams County Board of Commissioners 2016 ND 249
Docket No.: 20160089
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An appeal from the decision of a board of county commissioners or other local governing body is subject to a very deferential and limited standard of review.
Deference is given to a governing body's reasonable interpretation of its own ordinance; however, an interpretation contradicting clear and unambiguous language is not reasonable.

Pfeffer v. State 2016 ND 248
Docket No.: 20160188
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: For an ineffective assistance of counsel claim for counsel's failure to appeal, to show prejudice, a defendant must demonstrate there is a reasonable probability that, but for counsel's deficient failure to consult with him about an appeal, he would have timely appealed.
When a district court fails to inform a defendant of his right to appeal, the defendant must show that, but for the district court's failure to inform him of his right to appeal, he would have appealed and that he did not have independent knowledge of his right to appeal.

Rice v. Neether 2016 ND 247
Docket No.: 20160013
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The rebuttable presumption that a deed has been delivered at its date arises only after delivery has been separately established.
A signed deed in the hands of the grantor's attorney, who also drafted the deed, is not deemed delivered without the requisite intent of the grantor to actually or constructively deliver the deed.

Solwey v. Solwey 2016 ND 246
Docket No.: 20160158
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: For analysis of a prima facie showing for a change of primary residential responsibility, when the non-moving party submits a subsequent affidavit that conflicts with the person's initial affidavit submitted by the moving party, a district court must disregard any conflicting allegations in the subsequent affidavit.
The determination of a prima facie showing is not the time for a mini-trial by affidavit.

Jones v. Levi 2016 ND 245
Docket No.: 20160216
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The basis for a district court decision reversing an administrative agency order must have been properly raised by a party at the administrative level.

Nesheim v. Nesheim 2016 ND 244
Docket No.: 20160159
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Interest of E.G.U. (Consolidated w/20160356)(Confidential) 2016 ND 243
Docket No.: 20160355
Filing Date: 12/20/2016
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) and (7).

Matter of Hehn (cross-reference 20070167, 20110053, 20120070, (continued) 2016 ND 242
Docket No.: 20160213
Filing Date: 12/20/2016
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) and (4).

Jacobs-Raak v. Raak 2016 ND 240
Docket No.: 20150360
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the parties agree to a division of property, the district court should explain its reasons for not dividing the property according to that agreement.
Whether payments are intended as "loans" or "gifts" is a question of fact which will not be reversed on appeal unless clearly erroneous.
Whether to award past child support and the starting date of the commencement of child support are discretionary and will not be overturned unless the court abuses its discretion.
The Supreme Court does not address issues raised for the first time in a reply brief.

Interest of R.F. (CONFIDENTIAL) 2016 ND 239
Docket No.: 20160389
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order continuing R.F.'s hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Young, n/k/a Klein v. Young (cross-ref. w/20070293) 2016 ND 238
Docket No.: 20160206
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court order denying motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).

State v. Ortiz 2016 ND 237
Docket No.: 20160221
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court's denial of a request to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1 (a)(4).

Schaffner v. Job Service North Dakota 2016 ND 236
Docket No.: 20160264
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: District court judgment affirming Job Service's decision denying unemployment insurance benefits is summarily affirmed under N.D.R.App.P. 35.1 (a)(5) & (7).

State v. Williams 2016 ND 235
Docket No.: 20160171
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment following a jury conviction for gross sexual imposition and burglary is summarily affirmed under N.D.R.App.P. 35.1 (a)(2), (3), and (7).

Fredericks v. Fredericks, et al. 2016 ND 234
Docket No.: 20150359
Filing Date: 12/9/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Once tribal land is converted into fee simple, the tribe loses plenary jurisdiction over it.
The party seeking reformation of a written instrument must establish by clear and convincing evidence that the document does not state the parties' intended agreement.
A purchaser who has notice of circumstances sufficient to put a prudent person upon inquiry and fails to do so cannot claim good-faith purchaser status and will be charged with constructive notice of all facts that the inquiry would have revealed.
A party who is not a good-faith purchaser cannot rely on the doctrines of equitable estoppel and laches.
Damages for breach of a warranty deed include attorney fees incurred in defending title.

CHS Inc. v. Riemers 2016 ND 233
Docket No.: 20160131
Filing Date: 12/8/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: As modified for prejudgment interest, appeal from summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

State v. Karna 2016 ND 232
Docket No.: 20160156
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Information from an informant whose identity is easily ascertainable has a higher indicia of reliability than information obtained from an anonymous informant.

Schweitzer v. Mattingley 2016 ND 231
Docket No.: 20160090
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court judge does not automatically lose the authority to proceed in a case upon the filing of a motion to recuse.
For purposes of child support, a district court may consider new or likely future circumstances in determining an obligor's income.

State v. Brendel, et al. (Consol. w/ 20160023) 2016 ND 230
Docket No.: 20160022
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A third-person surety may not appeal a bail bond forfeiture order.

KLE Construction, LLC v. Twalker Development, LLC 2016 ND 229
Docket No.: 20160054
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Issues not adequately raised before the district court will not be addressed on appeal.
Damages for an unjust enrichment claim generally should be based on the defendant's enrichment.

Yarbro v. State 2016 ND 228
Docket No.: 20160176
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Peltier 2016 ND 227
Docket No.: 20160148
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court's denial of a defendant's motion for a mistrial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Butts 2016 ND 226
Docket No.: 20160125
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court order denying the defendant's motion to withdraw his guilty plea is affirmed under N.D.R.App.P. 35.1(a)(4).

Hildebrand v. Stolz 2016 ND 225
Docket No.: 20160038
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A default judgment has not been entered when a party has notice of the trial date, fails to appear at trial, and the district court hears testimony and receives evidence from the opposing party at trial before entering judgment.

State v. Wygal 2016 ND 224
Docket No.: 20160226
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: District court order deferring imposition of sentence and order denying motion to suppress are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Gonzalez v. State 2016 ND 223
Docket No.: 20160174
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order denying motion requesting an order to show cause and dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Ochiti 2016 ND 222
Docket No.: 20150273
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Conviction of conspiracy to commit robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and(7).

Owens v. State 2016 ND 221
Docket No.: 20160214
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: District court judgment summarily dismissing defendant's application for post-conviction relief summarily affirmed under N.D.R.App.P.35.1(a)(6).

Delvo v. State 2016 ND 220
Docket No.: 20160102
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a sentence following a probation revocation.
Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Bruggeman 2016 ND 219
Docket No.: 20160337
Filing Date: 11/29/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Reprimanded.

Vacancy in Judgeship No. 2, Northwest Judicial District 2016 ND 218
Docket No.: 20160296
Filing Date: 11/22/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Williston.

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