246 results for 'court:"North Dakota Supreme Court"'.
Per curiam, the North Dakota Supreme Court properly entered judgment after a jury found defendant guilty of gross sexual imposition. Defendant argued that the district court committed obvious error by failing to instruct the jury that the State was required to prove the touching in this case was not justified for the purpose of disciplining the child. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: July 18, 2024, Case #: 2024ND152, Categories: Sex Offender
J. Bahr finds that the district court properly awarded a father primary residential responsibility of their child subject to the mother's parenting time. The lower court properly denied the mother's motion for relief from judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: July 18, 2024, Case #: 2024ND144, Categories: Family Law
J. Crothers finds that the district court improperly determined that an individual had the burden to prove his step-daughter's malfeasance in a matter involving independent fiduciary duties to keep adequate records after the individual sought treatment for memory problems. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: July 18, 2024, Case #: 2024ND149, Categories: Fiduciary Duty
J. Crothers finds that the district court properly denied defendant's petition and amended petition for post-conviction relief. Defendant argues he received ineffective assistance of counsel when he pleaded guilty to four charges of fleeing a police officer. Defendant alleged that his attorney failed to advise him of a potential double jeopardy defense and failed to file a motion to dismiss some of the multiple fleeing charges. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: July 18, 2024, Case #: 2024ND151, Categories: Ineffective Assistance, Double Jeopardy
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tufte finds that the district court improperly entered criminal judgment after a jury convicted defendant of sexual assault. Defendant argues the district court abused its discretion by admitting video evidence of a forensic interview because "its prejudicial impact substantially outweighed its probative value." Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: July 18, 2024, Case #: 2024ND142, Categories: Evidence, Sex Offender
Per curiam, the North Dakota Supreme Court finds that the district court properly denied defendant's post-conviction relief application. Defendant claimed that he received ineffective assistance of counsel before entering his guilty plea. Defendant failed to establish ineffective assistance of counsel, and the court did not abuse its discretion by not allowing him to withdraw his guilty plea. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: July 18, 2024, Case #: 2024ND143, Categories: Ineffective Assistance, Plea
J. Crothers finds that the district court properly entered criminal judgment against an individual for hunting without a license and violating a proclamation issued by the governor. The individual claimed that he is a citizen of his own sovereign country but the court properly held that the argument was without merit. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: July 18, 2024, Case #: 2024ND150, Categories: Licensing
J. Bahr finds the district court improperly awarded the company possessing mineral interest $75,000 for interest on unpaid royalties. The company owns an unleased mineral interest in property included in a pooled spacing unit and sought royalties for the well's production, but its claim is untimely. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: July 5, 2024, Case #: 20230326, Categories: Energy, Property
J. Jensen finds the district court properly amended judgment modifying primary residential responsibility and granting the mother's request to relocate. The mother alleged the father had a long history of using alcohol, was convicted of a second DUI, and was charged with child neglect for being intoxicated and unconscious outside his apartment door. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: July 5, 2024, Case #: 20230360, Categories: Family Law, Guardianship
J. McEvers answers the certified questions from the district court. The federal district court of North Dakota asks whether the century code language “invalid and unenforceable” means an agreement made without the public lending authority as a party is inherently void or voidable, and capable of ratification. The language means "inherently void" and not "voidable and capable of ratification." Because code prevents political subdivisions from contracting without the public lending authority, the statute concerns their authority to contract. Failure to satisfy the statute amounts to more than a mere irregularity.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: July 5, 2024, Case #: 20230389, Categories: Municipal Law, Banking / Lending, Contract
J. Bahr finds the district court properly granted summary judgment to the attorneys. The district court previously concluded the decedent lacked capacity to sign a mineral deed. Though the court rescinded the deed, it held the minerals still passed to the husband under intestate succession laws. The children of the deceased then commenced this legal malpractice action against their lawyers. The decedent's home would not have been part of her intestate estate because it was community property and would have passed to the husband even if the decedent had never executed the quitclaim deed. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: July 5, 2024, Case #: 20230267, Categories: Property, Wills / Probate, Legal Malpractice
J. McEvers finds the district court properly denied defendant's petition for postconviction relief. Defendant pleaded guilty to use of a minor in a sexual performance and possession of prohibited materials. The court found a factual basis, including that defendant communicated electronically with a 14-year-old and solicited nude photos, sending videos of himself masturbating, as well as images of another girl. Though defendant says his pleas were not knowingly and voluntarily given because of claimed ineffective assistance, he fails to show any ineffective assistance. Defendant did not support his argument regarding counsel's investigation of surveillance video during discovery with citations to the record or legal authority. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: July 5, 2024, Case #: 20230390, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Jensen finds the district court properly affirmed the decision of the administrative law judge upholding the tax commissioner's denial of sales tax refunds. Though the energy company says the judge ignored certain phrases of North Dakota Century Code involving gas recovery and the technical definition of collecting gas, the court properly interpreted the difference between "collecting" gas and "separating" gas from water. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: July 5, 2024, Case #: 20230225, Categories: Energy, Tax
J. Tufte finds the district court improperly quieted title to surface rights of disputed lands in favor of the party claiming adverse possession. The court erroneously found acquiescence in reliance on the testimony of neighbors regarding their impression of the boundary. The parties all testified to the same understanding of the boundary. The doctrine of acquiescence requires the parties to mutually mistake a boundary as the property line. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: July 5, 2024, Case #: 20230322, Categories: Evidence, Property
J. Tufte finds the district court properly denied defendant's application for postconviction relief. Though the Tanzanian defendant does not speak English and says he was unable to communicate with counsel, the state complied with rules because defendant was put on notice that it had moved for summary disposition by notice of motion. There is no constitutional right to have an attorney for postconviction proceedings, and defendant cannot claim on appeal that his postconviction attorney was ineffective. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: July 5, 2024, Case #: 20240003, Categories: Constitution, Ineffective Assistance, Due Process
J. McEvers finds that the district court properly entered conviction after a jury found defendant guilty of burglary and attempted murder. Defendant argued that the dsitrict court court failed to instruct the jury on voluntary intoxication and by providing attempted murder instructions that deviated from the murder statute, creating a nonexistent crime. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 20, 2024, Case #: 2024ND124, Categories: Burglary, Murder
Per curiam, the North Dakota Supreme Court finds that the district court properly ordered hospitalization and involuntary treatment with medication of an individual. The court’s findings were supported by clear and convincing evidence. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: June 20, 2024, Case #: 2024ND125, Categories: Commitment
J. Crothers finds that the district court improperly dismissed a father's claim for primary residential responsibility of the parties' children. The record was inadequate to determine whether subject matter jurisdiction exists. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 20, 2024, Case #: 2024ND123, Categories: Family Law
J. Bahr finds that the district court properly entered two criminal judgments following defendant's conditional pleas of guilty to 17 counts of unlawful possession of a firearm by a felon, 17 counts of theft of a firearm and one count of theft of $500-$1000. The traffic stop was valid and the officers had reasonable suspicion to extend a traffic stop. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: June 6, 2024, Case #: 2024ND121, Categories: Firearms, Search
J. Jensen finds that the district court properly entered a dismissal in a quiet title action concerning 152 adjacent land owners brought by a family that owns extensive acreage. However, the matter is remanded to determine if the action was frivolous and to determine fees if it was. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 6, 2024, Case #: 2024ND119, Categories: Property, Attorney Fees
J. Jensen finds that the district court properly denied defendant's motion to suppress after finding he was not seized during his encounter with a North Dakota Game and Fish Department Warden who investigated a situation involving hunting and determined that defendant's privileges to hunt or assist in any way in hunting were under suspension. Defendant claims that the lower court committed an error by allowing evidence of his criminal history to go to the jury and that his Sixth Amendment rights were violated. The panel reversed the lower court's conviction and remanded for a new trial. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 6, 2024, Case #: 2024ND114, Categories: Constitution
J. Tufte finds that the district court properly entered judgment after a jury found defendant guilty of disorderly conduct. Defendant observed a train blocking a street for longer than twenty minutes, which he knew was a violation of a city ordinance. As the train started to leave the city, he
pursued the train and parked his car approximately twenty-five feet from the tracks. The train stopped, and defendant approached the train and informed the employees the train was violating city ordinance. Defendant decided to place the employee under citizen’s arrest and ignite a road flare, which he leaned against the railroad tracks. Police arrived and defendant was charged with disorderly conduct. Sufficient evidence existed to support a disorderly conduct finding. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: June 6, 2024, Case #: 2024 ND117, Categories: Evidence
J. Crothers finds that the district court improperly admitted exhibits in a matter involving the enforcement of a loan and quiet title pertaining to property for cattle ranching. Judgments that the loans are enforceable are reversed as well as the findings, conclusions and judgments and the matter is remanded with directions that the lower court make findings on when conversion occurred. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 6, 2024, Case #: 2024ND113, Categories: Property, Contract
J. Jensen finds that the district court properly entered judgment following a jury verdict finding defendant guilty of accomplice to murder with extreme indifference for the murder of her husband. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 6, 2024, Case #: 2024ND120, Categories: Evidence, Murder