235 results for 'court:"North Dakota Supreme Court"'.
J. McEvers finds that the district court properly entered judgment concerning an individual as personal representative of the estate of his mother. The son alleges that the district court’s findings of fact regarding ownership of personal property, whether the real property was maintained, responsibility for administration costs, and the award and offset of damages were incorrect. The district court found that the son breached his duty as the personal representative of the estate by failing to maintain the property. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND124, Categories: Wills / Probate, Contract
J. Crothers finds that the district court properly awarded primary residential responsibility to a mother in a divorce action. However, the lower court incorrectly distributed the marital estate. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 21, 2023, Case #: 2023ND114, Categories: Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tufte finds that the district court improperly entered criminal judgment in a matter in which defendant was found guilty of forgery. Defendant claimed that the lower court improperly closed the courtroom without making sufficient findings and making a prejudicial and biased statement in front of the jury. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: June 21, 2023, Case #: 2023ND115, Categories: Jury, Forgery
J. Bahr affirmed in part criminal judgments and an amended criminal judgment after a jury convicted defendant after he was charged with four counts of promoting or directing an obscene sexual performance by a minor. The state conceded that there is insufficient evidence for a number of the counts. However, the convictions on the remaining counts were properly entered by the lower court. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: June 21, 2023, Case #: 2023ND119, Categories: Evidence, Sex Offender
J. Jensen finds that the district court properly found defendant guilty of escape after being placed in the Lake Region Residential Reentry Center following a probation violation and subsequently failing to return to the facility after being let out only for work release purposes. Defendant argues he was not in “official detention” because he was on probation when he left the Reentry Center. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: June 8, 2023, Case #: 2023ND112, Categories: Probation, Escape
J. McEvers finds that the district court properly dismissed defendant's application for post-conviction relief after defendant was found guilty of terrorizing. Defendant claimed an unspecified error and a request to further investigate a potential claim. Post-conviction relief is not a device for investigating possible claims. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND108, Categories: Habeas
J. Crothers finds that the district court properly denied an individual's application for post-conviction relief after the individual pleaded guilty to the charge of attempted murder and was sentenced to 15 years. The individual argues he is entitled to post-conviction relief because new evidence was discovered after he pleaded guilty and that he received ineffective assistance of counsel. Defendant did not meet the burden to show he received ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 8, 2023, Case #: 2023ND109, Categories: Evidence, Ineffective Assistance, Murder
J. McEvers finds that the district court properly denied a petition for post-conviction relief after the individual pleaded guilty to multiple charges including child abuse and tampering with physical evidence and ten counts of possession of child sexual abuse materials. The individual's sentence was not illegal and he did not receive ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND111, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Crothers finds that the district court properly denied defendant's petition for discharge from commitment as a sexually dangerous individual. Defendant was incarcerated after a conviction for gross sexual imposition in 1996. The lower court was correct in holding that defendant has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 1, 2023, Case #: 2023ND99, Categories: Sex Offender, Commitment
J. Jensen finds that the district court properly determined that defendant has serious difficulty controlling his behavior after he was placed in civil commitment as a sexually dangerous individual. However, the court exceeded it's authority under North Dakota Century Code. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 30, 2023, Case #: 2023ND100, Categories: Sex Offender, Commitment
J. McEvers finds that the district court properly denied a wife's motion for relief from a divorce judgment and denied her motion for contempt and granted the husband's motion to stay enforcement of the judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 30, 2023, Case #: 2023ND98, Categories: Family Law
J. Bahr finds that the district court properly dismissed a dog wellness center's action against a company with prejudice. The company properly filed a motion to enforce settlement rather than submitting the issue to a jury. The parties entered into a binding and enforceable settlement agreement. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: May 30, 2023, Case #: 2023ND103, Categories: Settlements, Contract
J. Tufte finds that the district court properly issued an order revoking probation after defendant pleaded guilty to two counts of endangerment of a child. Defendant alleged that his probation revocation was without proper notice and that inadequate findings were made against him. Defendant did not contest the five noted violations of his probation and admitted to those violations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 30, 2023, Case #: 2023ND97, Categories: Evidence, Probation
J. Crothers finds that the district court properly affirmed a North Dakota Industrial Commission order subjecting an oil and gas company to a risk penalty. The company claimed that they were not given a required 30 days to review a third party's proposed lease and should not have been subjected to the penalty. The company was not entitled to have a full 30 days to review a lease proposal. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: May 30, 2023, Case #: 2023ND101, Categories: Property, Contract
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of one count of continuous sexual abuse of a child and two counts of promoting obscenity to minors. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND102, Categories: Evidence, Sex Offender
Per curiam, the North Dakota Supreme Court finds that the district court properly denied defendant's application for post-conviction relief after defendant was convicted of aggravated assault and two counts of gross sexual imposition. Defendant claims that he received ineffective assistance of counsel for failing to move to strike two jurors for cause. An unsuccessful trial strategy does not make defense counsel’s assistance defective. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND105, Categories: Ineffective Assistance, Sex Offender, Assault