226 results for 'court:"North Dakota Supreme Court"'.
J. Tufte finds that the district court properly granted summary judgment to the City of Rolla after a records request under the state’s open records statute. The City correctly contended that the individuals seeking public record failed to give the City notice under North Dakota Century Code. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: July 7, 2023, Case #: 2023ND128, Categories: Public Record
J. McEvers finds that the district court properly entered judgment concerning an individual as personal representative of the estate of his mother. The son alleges that the district court’s findings of fact regarding ownership of personal property, whether the real property was maintained, responsibility for administration costs, and the award and offset of damages were incorrect. The district court found that the son breached his duty as the personal representative of the estate by failing to maintain the property. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND124, Categories: Wills / Probate, Contract
J. Crothers finds that the district court properly awarded primary residential responsibility to a mother in a divorce action. However, the lower court incorrectly distributed the marital estate. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 21, 2023, Case #: 2023ND114, Categories: Family Law
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J. Tufte finds that the district court improperly entered criminal judgment in a matter in which defendant was found guilty of forgery. Defendant claimed that the lower court improperly closed the courtroom without making sufficient findings and making a prejudicial and biased statement in front of the jury. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: June 21, 2023, Case #: 2023ND115, Categories: Jury, Forgery
J. Bahr affirmed in part criminal judgments and an amended criminal judgment after a jury convicted defendant after he was charged with four counts of promoting or directing an obscene sexual performance by a minor. The state conceded that there is insufficient evidence for a number of the counts. However, the convictions on the remaining counts were properly entered by the lower court. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: June 21, 2023, Case #: 2023ND119, Categories: Evidence, 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. McEvers finds that the district court properly dismissed defendant's application for post-conviction relief after defendant was found guilty of terrorizing. Defendant claimed an unspecified error and a request to further investigate a potential claim. Post-conviction relief is not a device for investigating possible claims. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND108, Categories: Habeas
J. Crothers finds that the district court properly denied an individual's application for post-conviction relief after the individual pleaded guilty to the charge of attempted murder and was sentenced to 15 years. The individual argues he is entitled to post-conviction relief because new evidence was discovered after he pleaded guilty and that he received ineffective assistance of counsel. Defendant did not meet the burden to show he received ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 8, 2023, Case #: 2023ND109, Categories: Evidence, Ineffective Assistance, Murder
J. McEvers finds that the district court properly denied a petition for post-conviction relief after the individual pleaded guilty to multiple charges including child abuse and tampering with physical evidence and ten counts of possession of child sexual abuse materials. The individual's sentence was not illegal and he did not receive ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND111, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Crothers finds that the district court properly denied defendant's petition for discharge from commitment as a sexually dangerous individual. Defendant was incarcerated after a conviction for gross sexual imposition in 1996. The lower court was correct in holding that defendant has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 1, 2023, Case #: 2023ND99, Categories: Sex Offender, Commitment