235 results for 'court:"North Dakota Supreme Court"'.
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
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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
J. McEvers finds that the district court properly granted a partial motion for an order to show cause and to enforce a divorce judgment. The husband failed to adequately brief these issues with adequate citation to the record and legal authority. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 4, 2024, Case #: 2024ND58, Categories: Family Law
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claimed that his counsel was ineffective and in turn, his plea was not voluntary or intelligently made because counsel failed to explain the offense he was pleading guilty to could be used to enhance future criminal penalties. Defendant failed to establish his attorney’s conduct fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: April 4, 2024, Case #: 2024ND67, Categories: Habeas, Ineffective Assistance
J. Tufte remands a matter in a divorce proceeding for clarification of the district court’s findings regarding equitable distribution of the marital estate. However, the matter is affirmed in all other respects. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 4, 2024, Case #: 2024ND65, Categories: Family Law
J. McEvers finds that the district court properly denied a motion for a new trial after a jury found defendant guilty of fleeing or attempting to elude a peace officer, reckless endangerment and driving under suspension or revocation. Substantial evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: March 18, 2024, Case #: 2024ND48, Categories: Evidence, Jury
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief after defendant alleged ineffective assistance of counsel. Defendant claimed his counsel did not request a psychological evaluation to determine his competency to assist in his defense before his change of plea. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: March 18, 2024, Case #: 2024ND50, Categories: Competence, Ineffective Assistance
J. Bahr finds that the district court properly entered summary judgment concerning mineral interest in a subject property. The oil and gas well owner commenced an action for interpleader and quiet title seeking, in part, to quiet title to the interest in the oil, gas and other minerals. The unleased mineral interest owners were not accounting under North Dakota Century Code and failed to establish that the oil and gas well owner was a fiduciary. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: March 18, 2024, Case #: 2024ND46, Categories: Property
J. Crothers finds that the district court properly affirmed a North Dakota Department of Transportation hearing officer’s decision to suspend defendant's driving privileges for 180 days after police arrested defendant for driving under the influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: March 7, 2024, Case #: 2024ND37, Categories: Dui
J. Tufte finds that the juvenile court improperly terminated parental rights. The father argues that termination was not supported by sufficient evidence. The juvenile court's findings are not supported by evidence in the record. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND43, Categories: Evidence, Family Law
J. Bahr finds that the district court properly dismissed a complaint requesting the district court order a company to provide an investor with certain information after the company solicited bids for a project that involved drilling two groundwater monitoring wells as part of a carbon dioxide capture project. The lower court properly entered attorney fees in favor of the company. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND44, Categories: Environment, Public Record
J. Bahr finds that the district court properly entered two criminal judgments following a jury verdict finding defendant guilty of one count of promoting a sexual performance by a minor, one count of patronizing a minor for commercial sexual activity and twelve counts of possession of certain materials prohibited. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND39, Categories: Evidence, Sex Offender
J. Tufte answers certified questions from the United States District Court for the District of North Dakota pertaining to North Dakota’s natural
accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask "whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow." The court answers yes to the first question, but no to the second. The concealment aspect of snow
and ice is outside the scope of the natural accumulation rule.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND40, Categories: Administrative Law
J. Tufte finds that the district court improperly entered criminal judgment after a jury convicted an individual of exploitation of a vulnerable adult and attempted theft. Defendant argued that the court improperly admitted several trial exhibits because the exhibits were not properly authenticated and are inadmissible hearsay lacking sufficient foundation as records of regularly conducted activity. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: March 7, 2024, Case #: 2024ND42, Categories: Evidence, Theft
J. McEvers finds that the district court improperly dismissed a petition for nonparent visitation. The former stepfather established a prima facie
case for nonparent visitation and was entitled to an evidentiary hearing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 22, 2024, Case #: 2024ND30, Categories: Family Law
J. Bahr finds that the district court properly entered criminal judgment after the district court revoked defendant's probation and resentenced her. A search of defendant's residence yielded evidence which led to five counts, including one count of unlawful possession of a controlled substance and one count of endangerment of a child or vulnerable adult. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 22, 2024, Case #: 2024ND33, Categories: Drug Offender, Probation, Sentencing