235 results for 'court:"North Dakota Supreme Court"'.
J. McEvers finds that the district court properly entered criminal judgment for unauthorized use of personal identifying information. The matter stems from several red flags when defendant entered the bank and produced a check for cashing for $10,000. Sufficient evidence supported the criminal judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND223, Categories: Evidence, Banking / Lending
J. Jensen finds that the district court properly rendered judgment following a guilty plea by defendant on two counts of sexual assault. Defendant attempted to withdraw his guilty plea but was unable to show an alleged violation in the district court had an impact on his substantial rights. Afffirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: November 24, 2023, Case #: 2023ND213, Categories: Sex Offender
J. Jensen finds that the district court properly entered judgment after a jury verdict found defendant guilty of stalking. Defendant argues that the evidence presented at trial was insufficient to support the jury’s verdict. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 24, 2023, Case #: 2023ND222, Categories: Evidence
J. Tufte finds that the district court properly denied an individual's request for discharge from civil commitment. The individual was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. There is clear and convincing evidence that the individual has serious difficulty controlling his behavior based on both his past and present conduct. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND218, Categories: Sex Offender, Commitment
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J. McEvers finds that the district court improperly issued a domestic violence protection order prohibiting a husband from having contact with his wife for a two-year period. The wife's lack of specific testimony on how certain conduct created a fear of actual or imminent harm did not meet the requirement to issue the order. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND219, Categories: Restraining Order
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant argued that he received ineffective trial and appellate representation. There was no persuasive evidence to establish ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: November 24, 2023, Case #: 2023ND215, Categories: Ineffective Assistance
J. Crothers finds that the district court properly issued an order deferring imposition of a sentence imposed after a jury found defendant guilty of unlawful use of an operator’s license. The state charged defendant with unlawful use of a license alleging he showed a counterfeit Minnesota driver’s license to a police officer in Grand Forks, ND. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: November 24, 2023, Case #: 2023ND221, Categories: Sentencing
J. Tufte finds that the district court improperly denied a motion to compel arbitration in a matter involving an agreement to dissolve a law firm. The district court misinterpreted the agreement by finding the claims were not arbitrable. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND224, Categories: Arbitration
J. Bahr finds that the district court improperly entered criminal judgment after defendant conditionally pleaded guilty to delivery of a controlled substance and possession with intent to manufacture or deliver a controlled substance. Defendant had a reasonable expectation of privacy in the rented bedroom and a reasonable officer would not believe the homeowner could consent to a search of the bedroom. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: November 24, 2023, Case #: 2023ND220, Categories: Drug Offender, Search
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment. Defendant claims the lower court erred by admitting testimonial hearsay evidence through a 911 call and that insufficient evience supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: November 9, 2023, Case #: 2023ND212, Categories: Evidence
J. Crothers finds that the district court properly denied defendant's motion to withdraw a guilty plea to murder in a matter involving the murder of defendant's ex-girlfriend. However, the matter is reversed and remanded for a new trial because defendant’s constitutional right to a public trial was violated. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: November 9, 2023, Case #: 2023ND209, Categories: Constitution, Murder
J. McEvers finds that the district court properly entered criminal judgment after defendant pleaded guilty to gross sexual imposition. The lower court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 9, 2023, Case #: 2023ND208, Categories: Sex Offender
J. Jensen finds that the district court properly entered judgment after a jury found defendant guilty of terrorizing, simple assault on a police officer,
preventing arrest, solicitation of a minor and indecent exposure. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 9, 2023, Case #: 2023ND210, Categories: Evidence, Assault, Public Indecency
Per curiam, the North Dakota Supreme Court finds that the district court properly denied a petition for post-conviction relief in a matter involving testimony offered by a parole officer. Defendant made no coherent argument as to why a parole officer’s testimony was perjured and his attack on the officer’s credibility was made without any admissible supporting evidence. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: November 9, 2023, Case #: 2023ND211, Categories: Parole, Prisoners' Rights
J. Crothers finds that the district court improperly issued an order and amended a judgment in which defendant claims the restitution ordered by the district court was not directly related to the crime to which he pleaded guilty. Defendant pleaded guilty to unlawful use of personal identifying
information. The district court ordered him to make restitution of $556 for the value of property stolen from the victim’s vehicle. The district court misapplied the law by ordering restitution for the victim’s loss from theft when defendant pleaded guilty to unauthorized use of personal identifying information. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: October 26, 2023, Case #: 2023ND202, Categories: Theft, Restitution
Per curiam, the North Dakota Supreme Court orders a reprimand of attorney Timothy P. Hill. The record reflects that the State of Minnesota filed an order suspending Hill for 12 months for failing to place flat fees into a trust account when Hill did not have a fee agreement compliant under
Minnesota law.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023ND204, Categories: Attorney Discipline
Per curiam, the North Dakota Supreme Court finds that the district court properly issued judgment and sentenced defendant to 55 years of incarceration. Defendant pleaded guilty to murder with a deadly weapon but argues the court abused its discretion by improperly weighing the statutory sentencing factors. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023ND201, Categories: Murder, Sentencing
J. Jensen finds that the district court properly issued an order revoking sentencing and judgment imposing a new sentence against defendant, who pleaded guilty to conspiracy to deliver a controlled substance, delivery of a controlled substance, possession of a controlled substance-methamphetamine and possession of drug paraphernalia. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: October 11, 2023, Case #: 2023ND192, Categories: Drug Offender, Sentencing
J. Bahr issues an order to remand a matter to the district court concerning a disorderly conduct restraining order directing a no contact order against an individual for a one-year period. The district court did not make findings of fact to explain the factual basis for granting the disorderly conduct restraining order.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: October 11, 2023, Case #: 2023ND191, Categories: Restraining Order