235 results for 'court:"North Dakota Supreme Court"'.
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly issued an order terminating parental rights to a minor child. The juvenile court found the child spent over 450 of the last 660 nights in the care, control and custody of the human service zone and is in need of
protection. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: 2023ND194, Categories: Family Law
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment and a district court order denying defendant's motion to suppress evidence. There was reasonable and articulable suspicion to stop the vehicle defendant was a passenger in. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: 2023ND193, Categories: Constitution, Evidence
J. Crothers finds that the district court properly affirmed a North Dakota Department of Transportation’s suspension of an defendant's driving
privileges for one year for driving under the influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: October 2, 2023, Case #: 2023ND190, Categories: Dui
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of aggravated assault with permanent loss or impairment and reckless endangerment with extreme indifference. Sufficient evidence supported the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND177, Categories: Evidence, Assault
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J. Crothers dismisses an appeal from a district court order denying a wife's petition for a disorderly conduct restraining order in a long-running continuation of suits between parties in a divorce proceeding. The husband lacks standing to appeal the favorable order because he prevailed in the district court and he also raised unappealable issues concerning an interlocutory order and motions that he, as a vexatious litigant, did not have court authorization to file.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: September 28, 2023, Case #: 2023ND183, Categories: Family Law
J. Tufte finds that the district court improperly granted summary judgment on a planned unit development. However, the lower court properly granted summary judgment on claims against a homeowners association for breach of restrictive covenants and private nuisance concerning the purchase of a lot in a residential development. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: September 28, 2023, Case #: 2023ND171, Categories: Property
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment concerning a motion to suppress evidence. The district court found the application for a search warrant did not contain statements that were knowingly or intentionally false. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND176, Categories: Evidence, Search
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly terminated parental rights concerning two minor children. Sufficient evidence exists to support that the children were in need of protection and conclude they had been in the human service zone’s care, custody, and control for at least 450 out of the previous 660 nights. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND182, Categories: Family Law
Per curiam, the North Dakota Supreme Court orders a reprimand of Joseph D. Roach. The matter invovles attorney discipline in Minnesota. The court ordered that Roach comply with the Minnesota Supreme Court order and he is to provide to North Dakota Disciplinary Counsel copies of all reports filed in connection with that supervision.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND189, Categories: Attorney Discipline
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claims that the district court erred by not allowing him to have “appropriate confidential attorney-client communication” during his telephonic hearing. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND179, Categories: Civil Rights
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly terminated parental rights of a mother over her two minor children. The record supports the court’s findings that a child tested positive for THC and methamphetamine, and that the mother continued using methamphetamine, was homeless, lacked employment and had suicidal tendencies. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND184, Categories: Evidence, Family Law
J. Crothers finds that the district court properly denied an application for post-conviction relief after defendant, a Somalian immigrant, was charged with possession of a controlled substance, possession of drug paraphernalia and driving under suspension. Defendant claims that the court improperly held that he was not prejudiced by his counsel’s failure to advise him of the immigration consequences of a criminal conviction. The court
found defendant had approximately 25 convictions, and he had been warned of the potential immigration consequences of a guilty plea “innumerable times” during arraignments. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: September 28, 2023, Case #: 2023ND181, Categories: Drug Offender, Immigration
J. Crothers grants a requested review brought by the Board of Trustees of the North Dakota Public Employees Retirement System challenging a North Dakota Century Code rule enacted by the 68th Legislative Assembly concerning the appointment of sitting legislators to the Board. The Board claims the law placing legislators on the Board violates the separation of powers between branches of government under the N.D. Constitution.
.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: September 28, 2023, Case #: 2023ND185, Categories: Constitution
J. McEvers grants a petition sought by a bank for a supervisory writ directing the district court to vacate its order requiring the bank to serve defendant a notice of filing the complaint and motion for default judgment. The matter involves a summons and complaint alleging past due debt on a credit card.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: September 28, 2023, Case #: 2023ND172, Categories: Banking / Lending, Contract
Per curiam, the North Dakota Supreme Court accepts a hearing panel’s findings, conclusions and recommendations to reprimand former public defender Garrett Slyva. Slyva was placed on a restriction to not have face-to-face contact with clients following an inappropriate encounter when Slyva placed his arm around his client in jail. Despite this restriction, Slyva had the same type of face-to-face in-person with that client and others as well. The client was uncomfortable because of Sylva’s questions about her relationship status and because he asked her on a date. He allegedly told the client that their conversation should “stay here because I have control of your next court date.” Sylva claimed that the client misunderstood him.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 18, 2023, Case #: 2023ND169, Categories: Attorney Discipline
Per curiam, the North Dakota Supreme Court finds that the district court properly denied a motion to modify parenting time. The district court found no material change in circumstances existed because it was known at the time of the initial parenting time order that the father’s parole would end, he would complete sex offender treatment and then would remain a registered sex offender until 2031. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: 2023ND166, Categories: Family Law
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly entered an order terminating parental rights over two minor children. Clear and convincing evidence established the children were in need of protection and that the conditions and causes of the need for protection were likely to continue. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: 2023ND163, Categories: Family Law
J. Jensen denies a petition to issue a stay of sovereign land permits to remove the existing railroad bridge which crosses the Missouri River between Bismarck and Mandan. Adequate alternative remedies are available by law and the court declines to exercise original jurisdiction.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: September 14, 2023, Case #: 2023ND164, Categories: Property
Per curiam, the North Dakota Supreme Court finds that the district court properly affirmed an administrative suspension of defendant's license. Defendant argues that the hearing officer was incorrect in concluding the community caretaker exception justified a law enforcement officer’s contact with defendant and did not violate his Fourth Amendment rights. Sufficient evidence supported the finding. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: 2023ND168, Categories: Search, Vehicle