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651 - 660 of 12428 results
State v. Frederick
2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.
Highlight: In the instance of an alleged public trial violation, an appellant must demonstrate the public was excluded from a proceeding taking place during trial, and that the proceeding was substantive in nature.
A district court closing a proceeding to the public is significantly different from the court failing to make an adequate record of a bench conference conducted in an open trial. An inadequate record is not equivalent to a closed trial.
To demonstrate that an inadequate record affects a defendant’s substantial rights, the defendant must demonstrate the record cannot be adequately supplemented or reconstructed.
A violation of Appendix 1, Standard 7(d), N.D. Sup. Ct. Admin. R. 9 is not per se reversible error.
State v. Frederick
2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.
Sandberg v. WSI, et al.
2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.
Highlight: WSI can exercise continuing jurisdiction under N.D.C.C. § 65-05-04, but is limited by the law-of-the-case doctrine.
N.D.C.C. § 65-05-15 applies when a prior injury known in advance of the work injury has caused previous interference with physical function, the progression of which is substantially worsened by a compensable injury.
Sandberg v. WSI, et al.
2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.
Estate of Lindbo
2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan
Highlight: A personal representative is entitled to reasonable compensation for the personal representative’s services.
A district court’s decision whether to award personal representative’s fees will not be reversed on appeal absent an abuse of discretion. The court’s underlying findings of fact will be upheld unless clearly erroneous.
Estate of Lindbo
2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan
Krueger v. Krueger
2023 ND 74
Docket No.: 20220333
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam
Highlight: A district court’s order on spousal support and contempt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Interest of K.B. (CONFIDENTIAL)
2023 ND 73
Docket No.: 20230086
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
Highlight: An order requiring hospitalization is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of J.S. (CONFIDENTIAL)
2023 ND 72
Docket No.: 20230062
Filing Date: 4/13/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: A juvenile court order terminating parental rights is affirmed under N.D.R.App.P. 35.1(a)(2) & (4).
Jahner v. NDDHS
2023 ND 71
Docket No.: 20220313
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John
Highlight: This Court exercises limited review in appeals from administrative agency decisions. However, the application and interpretation of a statute is a question of law, which is fully reviewable in an administrative appeal.
