235 results for 'court:"North Dakota Supreme Court"'.
J. Bahr finds that the district court improperly sentenced defendant who pleaded guilty to two counts of gross sexual imposition and one count of luring minors by computer. The lower court illegally sentenced defendant by not including his accrued good time when it resentenced him for probation violations. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 10, 2024, Case #: 2024ND7, Categories: Sentencing, Sex Offender
J. Tufte finds that the district court properly entered criminal judgment after a jury trial in which defendant was charged with possession with intent to manufacture or deliver marijuana while in possession of a firearm and unlawful possession of amphetamine. Sufficient evidence supported the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND6, Categories: Drug Offender, Firearms
J. Tufte finds that the district court properly granted a motion to suppress evidence in a matter involving possession of controlled substances and drug paraphernalia. Defendant argued that he did not consent to a search of the backpack where controlled substances and drug paraphernalia were found. The court determined that the officer did not obtain consent for the search. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND5, Categories: Drug Offender, Search
Per curiam, the North Dakota Supreme Court finds that the district court properly dismissed a petition for post-conviction relief. The petition was brought outside the statute of limitations. Defendant has raised no genuine issue of fact on newly discovered evidence. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND242, Categories: Evidence
J. Jensen finds that the district court properly entered criminal judgment after defendant was convicted of sexual assault, a class A misdemeanor, and five counts of gross sexual imposition, class A felonies. Defendant claimed that the district court relied on impermissible factors rendering his sentence illegal and that his sentence constituted cruel and unusual punishment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: December 28, 2023, Case #: 2023ND246, Categories: Constitution, Sentencing, Sex Offender
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J. Tufte finds that the district court properly denied an application for post-conviction relief after defendant was convicted by a jury of reckless endangerment, tampering with physical evidence, unlawful possession of a firearm, and terrorizing as a result of a shooting. Defendant argues that the lower court committed reversible error by considering evidence outside the record. The district court found that defendant failed to establish there was a reasonable probability that the result of trial would have been different. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 28, 2023, Case #: 2023ND247, Categories: Evidence, Firearms
J. Crothers finds that the district court improperly issued a restraining order prohibiting an individual from contact with the mother of his child. Although the restraining order expired while this appeal was pending, the appeal is not moot because a reasonable possibility exists that the district court’s decision will have adverse collateral consequences for the individual. The parties involved are not married but are in a dispute concerning a child they have together. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 28, 2023, Case #: 2023ND249, Categories: Family Law, Restraining Order
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant alleged that he received ineffective assistance of counsel because his trial counsel failed to discredit a witness, failed to call an expert witness and failed to ensure a witness testified at trial. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND244, Categories: Ineffective Assistance, Witnesses
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment revoking probation and imposing a new sentence of two years imprisonment. Defendant argued that the court acted unreasonably by revoking his probation and resentencing him. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND245, Categories: Probation, Sentencing
J. Jensen finds that the district court properly entered an amended judgment modifying defendant's sentence after he was charged with six criminal offenses, including two counts of driving under the influence while causing the death of another and four counts of reckless endangerment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND231, Categories: Sentencing, Dui
J. McEvers finds that the district court improperly entered a judgment of dismissal after an order granting Statoil Oil & Gas’s motion for summary judgment concluded a dispute of title allowed Statoil to suspend royalty payments. The lower court incorrectly determined that the action was barred by a statute of limitations. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND235, Categories: Energy, Contract
J. McEvers finds that the district court properly entered a third amended judgment modifying a child support obligation. The district court properly imputed the North Dakota statewide average income of a farmer to the father for purposes of child support. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: December 15, 2023, Case #: 2023ND240, Categories: Family Law
J. Crothers dismisses an appeal for lack of jurisdiction after an individual challenged the district court’s finding that he has serious difficulty controlling his sexual behavior. The individual failed to timely appeal from a court order for continued commitment after an annual review hearing to determine whether he remains a sexually dangerous individual.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND232, Categories: Commitment
J. Crothers finds that the district court properly issued a contempt order after a husband filed for divorce. The district court did not err in requiring the execution of a standard mortgage securing payment to the wife. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND239, Categories: Family Law
J. McEvers finds that the district court improperly denied a new trial motion in a matter condemning property. The lower court correctly determined that the arguments were not foreclosed for failure to appeal, however, the lower court improperly determined a drain project exceeded the maximum maintenance levy authorized by statute requiring the approval of the majority of landowners. Affirmed in part.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND230, Categories: Property, Water
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: Fraud, Property, Contract
J. Tufte finds that the district court properly entered judgment and sentence after defendant pleaded guilty to a charge of hindering law enforcement. Defendant claimed that the district court abused its discretion by rejecting his plea agreement and the court substantially relied on impermissible sentencing factors. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: December 15, 2023, Case #: 2023ND233, Categories: Sentencing, Plea
Per curiam, the North Dakota Supreme Court finds that the district court properly granted a motion for summary judgment in favor of individuals in a matter concerning the definition of an easement’s boundaries. The individual who appeals failed to respond to the original motion. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 2023ND241, Categories: Property
J. Jensen finds that the district court properly dismissed a breach of contract claim concerning a bid to repair a liner inside a water tank. The water tank operator claims that the court incorrectly held that the repair company did not approve and authorize additional work to be performed under the agreement. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND237, Categories: Contract
Per curiam, the North Dakota Supreme Court adopts a hearing panel of the disciplinary board to transfer attorney Kristin A. Overboe's status to "incapacitated." Overboe failed to answer the petition and Disciplinary Counsel moved for default. The hearing panel concluded Overboe’s conduct "demonstrates the presence of a mental condition that adversely affects her ability to practice law."
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 2023ND229, Categories: Attorney Discipline
J. Crothers finds that the district court improperly entered a disorderly conduct restraining order prohibiting a husband from having contact with his wife for a period of six months in a matter involving a divorce proceeding. The use of the interim order process in disorderly conduct restraining order proceedings raised due process concerns. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 1, 2023, Case #: 2023ND228, Categories: Family Law, Restraining Order
J. McEvers finds that the district court properly denied a company's motion to vacate default judgment concerning a contract for deed dispute over the sale of a mobile home park. The dispute involved nonpayment of a final balloon payment of $406,414 when it became due on December 1, 2022. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: November 24, 2023, Case #: 2023ND216, Categories: Property, Contract