47 results for 'judge:"Jensen "'.
J. Jensen denies a petition to issue a stay of sovereign land permits to remove the existing railroad bridge which crosses the Missouri River between Bismarck and Mandan. Adequate alternative remedies are available by law and the court declines to exercise original jurisdiction.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: September 14, 2023, Case #: 2023ND164, Categories: Property
J. Jensen finds that the circuit court improperly dismissed an individual's administrative appeal from a final decision of the South Dakota Department of Labor and Regulation���s (DOL) Reemployment Assistance Division (RAD), determining the court lacked subject-matter jurisdiction in a matter determining that the individual was ineligible to have received over $20,000 in federal pandemic unemployment benefits and ordered her to repay them. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: August 23, 2023, Case #: 2023SD45, Categories: Administrative Law, Covid-19
J. Jensen finds that the district court properly granted summary judgment on defendant's claim that his attorney provided ineffective assistance of counsel by failing to reduce the terms of the plea agreement to writing. Defendant was initially charged with murder, attempted murder, terrorizing, reckless endangerment and preventing arrest or discharge of other duties. However, the district court was incorrect in granting summary judgment on defendant's claim asserting his attorney provided ineffective assistance of counsel by stating that defendant's sentences would run concurrently, because defendant raised a genuine issue as to a material fact.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: August 17, 2023, Case #: 2023ND151, Categories: Ineffective Assistance, Murder
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J. Jensen finds that the circuit court properly denied an individual's motion for summary judgment on the question of anticipatory breach by actor Kevin Costner after Costner commissioned the individual to create 17 large bronze sculptures of buffalo and Lakota warriors on horseback to display at The Dunbar, a luxury resort Costner planned to build on property he owned near Deadwood, South Dakota. The individual commenced litigation against Costner in 2008, after The Dunbar had not been built, alleging that Costner was required to sell the sculptures and split the profits with the individual pursuant to the terms of a prior written agreement. However, the circuit court reversed summary judgment in favor of Costner and remands for further proceedings. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: August 2, 2023, Case #: 2023SD40, Categories: Contract
J. Jensen concludes that the Department of Corrections and Rehabilitation does have the authority to provide the supervision of probation and declines to exercise the North Dakota Supreme Court's supervisory jurisdiction. The matter stems from Department of Corrections and Rehabilitation petitions for the North Dakota Supreme Court to exercise its original supervisory jurisdiction to direct a judge to amend a portion of a criminal judgment imposing probation as part of a sentence.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: August 2, 2023, Case #: 2023ND143, Categories: Jurisdiction, Prisoners' Rights
J. Jensen finds that the circuit court properly denied a writ certiorari sought by a company which purchased a quarry that had operated since 1986 under a state license to mine sand, gravel and rock. After the purchase, the Hanson County Zoning Administrator advised the company that because the quarry is located in a district that is currently zoned as agricultural, it would need a conditional use permit (CUP) under a county ordinance in order to extract sand, gravel and rock from the site. The zoning administrator properly determined that a CUP was required to continue mining operations. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: July 26, 2023, Case #: 2023SD38, Categories: Licensing
J. Jensen finds that the circuit court properly entered judgment after a jury convicted and sentenced defendant for second-degree murder and three counts of aggravated assault. The event stemmed from a social media altercation which led to defendant firing a weapon, killing a bystander and wounding two others. Defendant claims he acted in self-defense and that he was prejudiced when the jury was informed that he was recently released from prison and should not have been able to possess a firearm. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: July 12, 2023, Case #: 2023SD32, Categories: Firearms, Murder, Self Defense
J. Jensen remands a matter after defendant changed his pleas to guilty concerning conviction for two counts of sexual assault. Defendant claims that the the district court failed to abide by the North Dakota Rules of Criminal Procedure and was biased in sentencing him. The matter is remanded for to provide the State an opportunity to file any relevant transcripts which may show the district court substantially complied with the procedure.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: July 7, 2023, Case #: 2023ND121, Categories: Sentencing, Sex Offender
J. Jensen finds that the district court properly found defendant guilty of escape after being placed in the Lake Region Residential Reentry Center following a probation violation and subsequently failing to return to the facility after being let out only for work release purposes. Defendant argues he was not in ���official detention��� because he was on probation when he left the Reentry Center. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 8, 2023, Case #: 2023ND112, Categories: Probation, Escape
J. Jensen finds that the district court properly determined that defendant has serious difficulty controlling his behavior after he was placed in civil commitment as a sexually dangerous individual. However, the court exceeded it's authority under North Dakota Century Code. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 30, 2023, Case #: 2023ND100, Categories: Sex Offender, Commitment
J. Jensen finds that the circuit court properly issued a decree of separate maintenance but lacked authority to equitably divide the marital property as part of the decree in a divorce proceeding. The matter is remanded for an evidentiary hearing to divide the marital assets for the time the divorce decree was entered. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: May 25, 2023, Case #: 2023 SD 24, Categories: Family Law