222 results for 'court:"North Dakota Supreme Court"'.
J. Tufte finds that the district court improperly entered an amended criminal judgment after defendant conditionally pleaded guilty to driving under the influence. Defendant argues the warrantless entry into his garage was not justified by "hot pursuit and other exigent circumstances." The criminal judgment is reversed and the matter is remanded to allow defendant to withdraw his guilty plea. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 19, 2024, Case #: 2024ND74, Categories: Search, Dui
J. Tufte finds that the district court properly entered an amended judgment dismissing a doctor and eye institute from a matter involving a truck collision with a horse-drawn hay trailer. The collision killed one of the six passengers on the horse-drawn trailer and injured the others. The doctor determined the truck driver to be legally blind, prepared a certificate of blindness, and instructed him and his spouse that he was not to drive. A second opinion from the doctor determined that the driver was "not to drive at night and only minimally during the day, no highways.” The passengers and their families claim that the doctor and institute are liable for medical malpractice because the driver's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 19, 2024, Case #: 2024ND71, Categories: Vehicle, Wrongful Death, Medical Malpractice
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: Energy, Contract
J. Crothers rejects a request to assign a case to another judge in a matter involving a divorce proceeding. Additionally, the order awarding attorney fees to the wife is reversed and the matter is remanded for explanation as to whether the district court intended to award attorney fees in its judgment, and if so, instruct the court to explain the legal and factual basis for an award. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND73, Categories: Family Law, Attorney Fees
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. Crothers finds that the district court properly entered judgment in favor of two companies and dismissed an individual's negligence and premises liability claims. However, the lower court improperly entered judgment in favor of one company concluding genuine issues of material fact exist on the question of whether it owed the individual a duty of care. The matter stems from a workplace injury. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: April 19, 2024, Case #: 2024ND72, Categories: Employment, Premises Liability
J. McEvers remands a matter to juvenile court concerning the termination of parental rights. Although competent evidence existed allowing for termination of parental rights, because the juvenile court had discretion to terminate parental rights, remand was necessary for the court to exercise its discretion.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 18, 2024, Case #: 2024ND70, Categories: Family Law, Juvenile Law
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
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