234 results for 'court:"North Dakota Supreme Court"'.
J. Bahr finds that the district court properly entered criminal judgment after a jury verdict finding defendant guilty of one count of terrorizing. Defendant did not preserve the issue of insufficient evidence because she failed to move for acquittal. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND79, Categories: Evidence
J. McEvers finds that the district court properly denied a motion to alter or amend judgment in a matter involving a second amended judgment following a complaint for negligence from an oil rig explosion. The individual was properly determined to be the prevailing party in the action. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND85, Categories: Employment, Negligence
J. Bahr finds that the district court improperly granted summary judgment to a business in a matter involving a vehicle which struck a pedestrian in front of the business. The court treated the individual's request to adopt a stipulation as a type of motion which it holds no jurisdiction over. The district court misapplied the law when it treated the request as the motion in question. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND81, Categories: Vehicle, Jurisdiction
J. Tufte finds that the district court properly denied an individual's discharge petition from civil commitment. The court held that the individual is a sexually dangerous individual who has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 2, 2024, Case #: 2024ND83, Categories: Commitment
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J. Crothers finds that the district court properly quieted title to disputed oil and gas interests in favor of defendant company and awarded fees. However, the court improperly required plaintiff company to pay non-legal costs. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: May 2, 2024, Case #: 2024ND88, Categories: Energy, Property
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury found defendant guilty of attempted murder and conspiracy to commit murder. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024ND87, Categories: Evidence, Murder
J. Jensen finds that the district court properly entered criminal judgment after a jury found defendant guilty of felony murder. Defendant argued that the district court improperly allowed the state to remove “knowingly” from the charge of felony murder and use only the culpability level of “intentional.” Any error was not obvious and sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: May 2, 2024, Case #: 2024ND78, Categories: Evidence, Murder
J. Bahr finds that the district court improperly entered judgment after a jury awarded a total of $175 million of noneconomic damages to individuals and denied a driver's motion for new trial in a wrongful death suit following a DUI matter. A driver alleges he is entitled to a new trial because injured parties and decedents' loved ones improperly referred to alcohol at the trial, despite the court’s prior ruling that evidence relating to his intoxication was not admissible. The award was excessive and the jury improperly speculated as to the damages. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND80, Categories: Damages, Wrongful Death
J. McEvers finds that the district court properly determined an individual is a vexatious litigant. The matter stems from the individual's attempts to reopen a matter involving criminal trespass and simple assault. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND86, Categories: Assault, Trespass
J. Tufte finds that the district court improperly entered an amended criminal judgment after defendant conditionally pleaded guilty to driving under the influence. Defendant argues the warrantless entry into his garage was not justified by "hot pursuit and other exigent circumstances." The criminal judgment is reversed and the matter is remanded to allow defendant to withdraw his guilty plea. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 19, 2024, Case #: 2024ND74, Categories: Search, Dui
J. Tufte finds that the district court properly entered an amended judgment dismissing a doctor and eye institute from a matter involving a truck collision with a horse-drawn hay trailer. The collision killed one of the six passengers on the horse-drawn trailer and injured the others. The doctor determined the truck driver to be legally blind, prepared a certificate of blindness, and instructed him and his spouse that he was not to drive. A second opinion from the doctor determined that the driver was "not to drive at night and only minimally during the day, no highways.” The passengers and their families claim that the doctor and institute are liable for medical malpractice because the driver's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 19, 2024, Case #: 2024ND71, Categories: Vehicle, Wrongful Death, Medical Malpractice
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: Energy, Contract
J. Crothers rejects a request to assign a case to another judge in a matter involving a divorce proceeding. Additionally, the order awarding attorney fees to the wife is reversed and the matter is remanded for explanation as to whether the district court intended to award attorney fees in its judgment, and if so, instruct the court to explain the legal and factual basis for an award. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND73, Categories: Family Law, Attorney Fees
J. Crothers finds that the district court properly entered judgment in favor of two companies and dismissed an individual's negligence and premises liability claims. However, the lower court improperly entered judgment in favor of one company concluding genuine issues of material fact exist on the question of whether it owed the individual a duty of care. The matter stems from a workplace injury. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND72, Categories: Employment, Premises Liability
J. McEvers remands a matter to juvenile court concerning the termination of parental rights. Although competent evidence existed allowing for termination of parental rights, because the juvenile court had discretion to terminate parental rights, remand was necessary for the court to exercise its discretion.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 18, 2024, Case #: 2024ND70, Categories: Family Law, Juvenile Law
J. Tufte vacates a district court’s order directing the Department of Health and Human Services to conduct a pre-plea risk assessment and the order holding the department and an individual in contempt in a matter criminal case in which district court issued an order directing the individual to appear personally and show cause why she should not be held in contempt for not completing a risk assessment.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 4, 2024, Case #: 2024ND54, Categories: Contempt
J. Crothers finds that the district court properly revoked defendant's probation and resentenced him to 36 months of incarceration. Defendant claims that the court imposed an illegal sentence after it revoked his probation because the new sentence is longer than his original sentence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 4, 2024, Case #: 2024ND55, Categories: Probation, Sentencing
J. Jensen finds that the district court properly denied a husband's motion to compel discovery and finds a wife in contempt in divorce proceedings. However, the matter is remanded for findings on the best interest factors concerning the parties' children and reconsideration of the appropriate remedy in light of the court’s findings on those factors. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND62, Categories: Contempt, Family Law
J. Jensen finds that the district court properly entered conviction after a jury verdict finding defendant guilty of gross sexual imposition, sexual contact with a victim unaware, and gross sexual imposition sexual, an act with the victim unaware. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND64, Categories: Evidence, Sex Offender
J. Bahr finds that the district court improperly dismissed a complaint after the district court granted summary judgment in favor of a plumbing company. An individual hired the plumbing company to perform a plumbing rough-in in a house built in the 1920s. The individual later discovered leaks and water damage. A genuine dispute of material fact exists as to the source and cause of the leak, therefore the district court erred in granting summary judgment. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: April 4, 2024, Case #: 2024ND53, Categories: Water, Contract