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2601 - 2650 of 12359 results

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.

Matter of Emelia Hirsch Trust(20080209, 20120141, 20120241, 20120371 & 20130365 2016 ND 217
Docket No.: 20160189
Filing Date: 11/21/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: A district court's order denying a motion to vacate is affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and an award of attorney's fees and double costs on appeal is granted.

Stibbe v. Haven, et al. 2016 ND 216
Docket No.: 20150339
Filing Date: 11/21/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court order dismissing a case with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(1).
Numerous frivolous lawsuits may result in a district court's order enjoining a person from filing any complaint, motion, or legal process unless the person receives permission from a court or hires legal representation.

State v. Adan (Consolidated with 20160095) 2016 ND 215
Docket No.: 20160083
Filing Date: 11/21/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Information obtained by one officer may be used by another to establish reasonable suspicion if the first officer conveyed the information to the second officer.
Nervousness, inconsistencies in travel plans, items in the vehicle, criminal history, and the fact the vehicle is a rental are all pertinent factors in determining reasonable articulable suspicion.

Larson v. Midland Hospital Supply, Inc., et al. 2016 ND 214
Docket No.: 20160059
Filing Date: 11/18/2016
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A statute of limitations begins to run when the underlying cause of action accrues, and a claim's accrual may be postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.
A fiduciary relationship may excuse some delay in discovering wrongdoing, but reasonable diligence is still required, and the statute of limitations begins to run when the plaintiff has notice of facts that would put a reasonable person on inquiry.

Frith, et al. v. The Park District of the City of Fargo, et al. 2016 ND 213
Docket No.: 20160114
Filing Date: 11/16/2016
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The statute of limitations for tort actions against a political subdivision is three years.

Patterson v. State 2016 ND 212
Docket No.: 20160117
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court has the discretion under N.D.C.C. 19-03.1-23.2 to suspend or defer a defendant's sentence with or without considering a defendant's equivalent convictions.

Dakota Outdoor Advertising, Inc. v. City of Bismarck 2016 ND 210
Docket No.: 20160136
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: A city's denial of a special use permit must be affirmed unless it acted arbitrarily, capriciously, or unreasonably.
On appeal from a decision of a city governing body, a consideration of evidence is limited to the evidence presented to the city, and the burden is on the applicant to show the decision was arbitrary, capricious, or unreasonable.

State v. Patrick 2016 ND 209
Docket No.: 20160091
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A traffic stop made under a presumptively valid statute generally provides an officer with reasonable articulable suspicion.

State v. Russell 2016 ND 208
Docket No.: 20160065
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Due process requires a disclosure of material evidence. Evidence is material if a reasonable probability exists that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.

Shermer v. State 2016 ND 207
Docket No.: 20160115
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Interest of S.J. (CONFIDENTIAL) 2016 ND 206
Docket No.: 20160307
Filing Date: 11/9/2016
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).

Kardor v. State 2016 ND 205
Docket No.: 20160140
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Hageness v. Slaubaugh, et al. 2016 ND 204
Docket No.: 20160161
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Judgment dividing ownership of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Harmon v. State 2016 ND 203
Docket No.: 20160101
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Koehly v. Levi 2016 ND 202
Docket No.: 20160141
Filing Date: 11/9/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A conditional consent to take a breath test for alcohol may be a refusal.
A lawfully arrested DUI suspect who made no attempt to call an attorney cannot complain that officers would have violated his limited right to counsel had he tried.
Issues raised for the first time on appeal will not be addressed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 201
Docket No.: 20160209
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: District court judgment affirming an order of the State Board of Public School Education approving petitions to transfer property from New Public School District to the Williston School District is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Richholt v. Hrdlicka 2016 ND 200
Docket No.: 20160087
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

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

Overvold v. Overvold 2016 ND 199
Docket No.: 20160124
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court's amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

In the Matter of A.J.S. and N.J.S. (Confidential) 2016 ND 198
Docket No.: 20160290
Filing Date: 11/9/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court's order terminating a father's parental rights and granting a petition for a step-parent adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Curtiss v. Curtiss 2016 ND 197
Docket No.: 20160064
Filing Date: 10/17/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Guardianship of W.B.T. 2016 ND 196
Docket No.: 20160118
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: Order appointing a successor guardian is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Raap v. Lenton (cross-reference w/20110192) 2016 ND 195
Docket No.: 20160122
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: To the extent that information is reasonably available, the average of the most recent five years of each self-employment activity, if undertaken on a substantially similar scale, must be used to determine self-employment income.
If the tax returns are not available or do not reasonably reflect the income from self-employment, profit and loss statements which more accurately reflect the current status must be used.

Ferguson v. City of Fargo 2016 ND 194
Docket No.: 20160067
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Constitutional Law
Author: VandeWalle, Gerald

Highlight: All regularly enacted municipal ordinances carry a strong presumption of constitutionality, which will be sustained unless the party challenging the ordinance clearly demonstrates it violates the state or federal constitution.
The equal protection clause does not forbid classifications, and under the relaxed rational basis standard, a governmental classification will be upheld unless it is arbitrary and bears no rational relationship to a legitimate governmental interest.

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