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961 - 970 of 12446 results
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
Puklich v. Puklich, et al.
2022 ND 158
Docket No.: 20220062
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
Highlight: The doctrine of issue preclusion bars relitigation of issues decided in a prior action.
To bring a derivative action on behalf of a partnership, a litigant must be a partner at the time the action is commenced.
Puklich v. Puklich, et al.
2022 ND 158
Docket No.: 20220062
Filing Date: 8/4/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair
State v. Pulkrabek (consolidated with 20220011 - 20220013)
2022 ND 157
Docket No.: 20220010
Filing Date: 8/4/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John
Highlight: The Uniform Mandatory Disposition of Detainers Act applies to instances where a detainer has been filed against a person imprisoned in a correctional institution in the state of North Dakota.
The Detainers Act requires trial to take place within 90 days of filing a request for disposition of pending charges subject to exceptions.
Counsel can waive trial within 90 days under the Detainers Act.
Criminal defendants are entitled to counsel at all critical stages of prosecution.
A critical stage of prosecution is a time in which counsel’s absence might derogate from the criminal defendant’s right to a fair trial.
State v. Pulkrabek (consolidated with 20220011 - 20220013)
2022 ND 157
Docket No.: 20220010
Filing Date: 8/4/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John
