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931 - 940 of 12418 results
Vogt v. State
2022 ND 163
Docket No.: 20220058
Filing Date: 8/18/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair
Highlight: The North Dakota Rules of Civil Procedure are applicable in post-conviction relief proceedings to the extent they do not conflict with the Uniform Postconviction Procedure Act.
Application of the newly discovered evidence exception to the N.D.C.C. § 29-32.1-01 statute of limitations for post-conviction relief petitions requires the petitioner allege that the newly discovered evidence would establish the petitioner did not engage in the criminal conduct for which he or she was convicted.
Issues that were not raised in the district court will not be addressed for the first time on appeal.
Vogt v. State
2022 ND 163
Docket No.: 20220058
Filing Date: 8/18/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair
State v. Doglod
2022 ND 162
Docket No.: 20220035
Filing Date: 8/18/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Highlight: A criminal judgment entered after a jury found the defendant guilty of terrorizing and criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a).
State v. Doglod
2022 ND 162
Docket No.: 20220035
Filing Date: 8/18/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Dieterle v. Dieterle n/k/a Hansen, et al.
2022 ND 161
Docket No.: 20220094
Filing Date: 8/18/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John
Highlight: Orders denying a party permission to file new motions are not appealable.
An order imposing attorney’s fees may be appealable depending on whether the district court intended the order to be final.
A demand for a change of judge is invalid if it is filed more than ten days after the notice of assignment of a judge.
Dieterle v. Dieterle n/k/a Hansen, et al.
2022 ND 161
Docket No.: 20220094
Filing Date: 8/18/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John
State v. Lyman
2022 ND 160
Docket No.: 20220023
Filing Date: 8/18/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair
Highlight: Whether to grant a mistrial is within the district court’s discretion, which this Court will not reverse on appeal absent an abuse of such discretion.
In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor’s actions were misconduct, then examines whether the misconduct had prejudicial effect.
The purpose of an opening statement is to inform the jury about the case and to outline to the jury the proof the State expects to present.
Curative jury instructions will generally remove prejudice caused by improper statements because the jury is presumed to follow the district court’s instruction.
State v. Lyman
2022 ND 160
Docket No.: 20220023
Filing Date: 8/18/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair
Procive v. WSI
2022 ND 159
Docket No.: 20220067
Filing Date: 8/4/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald
Highlight: Under N.D.C.C. § 65-10-01, a claimant may appeal from a final action of Workforce Safety and Insurance to the district court of the county where the injury was inflicted or of the county in which they reside, and the claimant has the burden to show the district court has jurisdiction.
Procive v. WSI
2022 ND 159
Docket No.: 20220067
Filing Date: 8/4/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald
