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2701 - 2750 of 12426 results

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.

Gillespie, et al. v. National Farmers Union Property & Casualty Co. 2016 ND 193
Docket No.: 20160012
Filing Date: 10/4/2016
Case Type: Appeal - Civil - Insurance
Author: VandeWalle, Gerald

Highlight: An insured's recovery under underinsured motorist coverage requires the insured be legally entitled to recover for injuries resulting from the tortious conduct of the owner or operator of the underinsured motor vehicle.

State v. Peterson 2016 ND 192
Docket No.: 20160070
Filing Date: 10/4/2016
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: A clerical error correctable under N.D.R.Crim.P. 36 includes a failure to accurately record an action taken by the district court, but the rule does not extend to correction of errors of substance.

City of Bismarck v. Pederson 2016 ND 191
Docket No.: 20160021
Filing Date: 10/4/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for APC entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Ketterling 2016 ND 190
Docket No.: 20160130
Filing Date: 9/26/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: In an unsupervised probate, an order determining some, but not all, of one person's claims or disputes in an estate is not appealable without an order or certification under N.D.R.Civ.P. 54(b).

Reciprocal Discipline of Haderlie 2016 ND 189
Docket No.: 20160133
Filing Date: 9/20/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Disciplinary action dismissed.

Interest of C.S., a child (CONFIDENTIAL)(CONSOLIDATED w/20150356) 2016 ND 188
Docket No.: 20150355
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Schmidt (consolidated w/20150278) (cross-reference w/20140272) 2016 ND 187
Docket No.: 20150277
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: Police officers have limited authority to freeze the scene of a recently committed crime to investigate individuals who reasonably may be involved in the criminal activity without violating the Fourth Amendment.
A signed consent to search form is not determinative of whether an individual's consent is voluntary, but merely one factor for a district court to consider under the totality of the circumstances.

State v. Grajczyk 2016 ND 180
Docket No.: 20160034
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found a defendant guilty of possession of methamphetamine with intent to deliver, possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Mangelsen (cross-ref. w/20130155) 2016 ND 179
Docket No.: 20160052
Filing Date: 9/15/2016
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).

Davies v. State 2016 ND 178
Docket No.: 20160120
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying petition to set aside a conviction and set for trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Hickey v. State 2016 ND 177
Docket No.: 20160109
Filing Date: 9/15/2016
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).

Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC, et al. (consol. 81) 2016 ND 176
Docket No.: 20160080
Filing Date: 9/2/2016
Case Type: Appeal - Civil - Debtor/Creditor
Author: McEvers, Lisa K. Fair

Highlight: A rebuttable presumption of valid service of process arises when a return receipt for certified mail is signed, and the signator, if not the addressee, is presumed to have acted as the agent of the addressee authorized to accept service in the absence of proof to the contrary.
Courts may enter a default judgment and pierce the corporate veil simultaneously based on sufficient allegations contained in the complaint.

Schmidt, et al. v. City of Minot, et al. 2016 ND 175
Docket No.: 20160088
Filing Date: 8/31/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: A district court only has appellate jurisdiction when authorized by statute or rule of the supreme court.
An aggrieved applicant or any officer, department, board, or bureau of a city may appeal a variance decision.

Garcia v. Levi 2016 ND 174
Docket No.: 20160036
Filing Date: 8/31/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A law enforcement officer's approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person to do something, and does not demand a response.
Warrantless breath tests are permissible as a search incident to an arrest for driving or being in actual physical control of a motor vehicle while under the influence of alcohol.

City of Grand Forks v. Jacobson 2016 ND 173
Docket No.: 20150326
Filing Date: 8/31/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: When a case is transferred from municipal court, a district court must apply relevant municipal code provisions.

Taszarek, et al. v. Welken, et al. 2016 ND 172
Docket No.: 20150189
Filing Date: 8/30/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Piercing-the-corporate-veil factors include insufficient capitalization, failure to observe corporate formalities, nonpayment of dividends, insolvency at the time of the transaction, siphoning of funds, nonfunctioning of other officers and directors, absence of corporate records, and injustice, inequity or fundamental unfairness.

State v. Shaw 2016 ND 171
Docket No.: 20150190
Filing Date: 8/31/2016
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Before a court permits the introduction of other-bad-acts evidence, it must do an on-the-record weighing of the probative value versus the risk of unfair prejudice.
A court must give a limiting instruction for other-bad-acts evidence, even if it is not requested.

Tangedal, et al. v. Mertens, et al. 2016 ND 170
Docket No.: 20150324
Filing Date: 8/25/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A political subdivision and its employee have immunity for claims caused by the performance or nonperformance of a public duty within the scope of the employee's employment unless a special relationship is established.
A political subdivision employee may be personally liable for the performance or nonperformance of a public duty if special relationship existd and if the employee's conduct within the scope of employment is reckless or grossly negligent, or willful or wanton misconduct.

Adams v. Adams (cross-reference w/20140259) 2016 ND 169
Docket No.: 20150365
Filing Date: 8/24/2016
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court's determination of business profits are a finding of fact subject to the clearly erroneous standard of review.
A party seeking relief from a judgment must do so under N.D.R.Civ.P. 60.

Horob, et al. v. Zavanna, LLC, et al. 2016 ND 168
Docket No.: 20150203
Filing Date: 8/23/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: When the parties have agreed on a specific period for a temporary cessation of oil or gas production, that clause controls over the common-law doctrine of temporary cessation allowing a reasonable time for resumption of production.
The terms of an oil or gas lease may allow the lease to be pooled with other lands or leases.
Unless provided otherwise, a governmental pooling agreement or order does not divide a lease, and production anywhere on the pooled area is considered production on all leases that may be wholly or partly in the pooled area.

State v. Engelhorn 2016 ND 167
Docket No.: 20160058
Filing Date: 8/22/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.

Vacancy in Judgeship No. 5, Northeast Central Judicial District 2016 ND 166
Docket No.: 20160193
Filing Date: 8/19/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

2015 Application for Permit to Enter Land(Consolidated w/ 20150312) 2016 ND 165
Docket No.: 20150311
Filing Date: 8/18/2016
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The N.D. Rules of Civil Procedure do not require a water district to begin a civil action by serving a summons when applying for a permit to enter land for examining, surveying and mapping a proposed flood control project.
The district's examinations are not limited to visual examinations, and the landowners are not entitled to a jury trial in the preliminary stage.

Ell v. Director, Dep't of Transportation 2016 ND 164
Docket No.: 20160068
Filing Date: 8/17/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge.
The evidentiary shortcut for admission of chemical test results provided by statute cannot be used, and expert testimony is required to show fair administration of the test if documentary evidence does not show the approved collection method was scrupulously followed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 163
Docket No.: 20160093
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: Property annexed to a school district must be contiguous to that school district when the annexation becomes effective.

Snider, et al v. Dickinson Elks Building, LLC 2016 ND 162
Docket No.: 20150343
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The appealability of a judgment will be considered even if neither party raises the issue on appeal.
An appeal from a judgment that does not resolve all of the parties' claims will generally be dismissed.

State v. Garnder 2016 ND 161
Docket No.: 20150368
Filing Date: 8/17/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Persons accused of crimes have a right to a trial by an impartial jury.
A court will not readily discount the assurances of a juror as to his or her impartiality.
A party claiming discrimination during the selection of the jury pool bears the burden of establishing a prima facie case of purposeful discrimination.

State v. Mercier 2016 ND 160
Docket No.: 20150275
Filing Date: 8/17/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity.
A search incident to arrest is a recognized exception to the search warrant requirement, and an officer making a lawful arrest may search the arrestee and an object immediately associated with the arrestee.
A search incident to arrest is not invalid simply because the search preceded the arrest so long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.

State v. Hoffer 2016 ND 159
Docket No.: 20160040
Filing Date: 7/28/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A district court order deferring imposition of sentence entered after a conditional guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7).

State v. Heier 2016 ND 158
Docket No.: 20160039
Filing Date: 7/28/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: The Fourth Amendment does not apply to searches or seizures by a private individual not acting as an agent of the government or with the participation and knowledge of any government official.

Peterson v. Peterson 2016 ND 157
Docket No.: 20150363
Filing Date: 7/26/2016
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: For obligors believing they can no longer pay the court-ordered spousal support, the appropriate procedure is to immediately move the court to abolish or reduce the court-ordered support because of a change of circumstances, not unilaterally to cease making the required payments.

Interest of D.W. (CONFIDENTIAL) 2016 ND 156
Docket No.: 20160002
Filing Date: 7/25/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: For a sexually dangerous individual, the executive director of the department of human services may not be required to create a less restrictive treatment facility or treatment program specifically for the respondent or committed individual.

Sandahl, et al. v. City Council of the City of Larimore 2016 ND 155
Docket No.: 20150364
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: An appeal from a decision of a local governing body must be filed within 30 days of the decision.

State v. Francis 2016 ND 154
Docket No.: 20150280
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: Electioneering law prohibiting the gathering of signatures within 100 feet of the entrance to an open polling place is a reasonable time, place, and manner restriction on speech.
Prohibition on collecting signatures within 100 feet of the entrance to an open polling place is a reasonable restriction on the initiated ballot measure process.
To show abuse of prosecutorial discretion, defendants must establish similarly situated individuals were not prosecuted and prosecution of the defendant was based on an improper motive.

Klein v. Klein 2016 ND 153
Docket No.: 20160043
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Statute terminating permanent spousal support award upon habitual cohabitation of the spouse receiving support does not apply to cohabitation occurring prior to August 1, 2015.

State v. Asbach (cross-ref. w/20140471) 2016 ND 152
Docket No.: 20160055
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Bad faith is a question of fact.

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