9 results for 'court:"Northern Mariana Islands Supreme Court"'.
J. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: Evidence, Sex Offender, Assault
Per curiam, the Northern Mariana Islands Supreme Court finds the probate court properly granted reconsideration to the administrators of an estate in a case where trustees of a family trust dispute the distribution of the property. The trustees, who inherited the trust from the deceased’s husband after his own passing, cannot raise a survivorship claim in the appeal because the claims were not raised in a related quiet title action between the same parties. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Per curiam, Filed On: December 18, 2023, Case #: 2023-SCC-3, Categories: Property, Wills / Probate
J. Castro refuses to dismiss a son’s appeal to remove the administrator and attorney of his mother’s estate. The court has proper jurisdiction over the issue as a denial to remove the administrator is considered an appealable interlocutory order. Though the son’s appeal is possibly without merit, it cannot be considered frivolous, as there could be curable deficiencies to rectify hiding behind the unsupported accusations against the administrator and attorney.
Court: Northern Mariana Islands Supreme Court, Judge: Castro, Filed On: November 2, 2023, Case #: 2022-SCC-11, Categories: Property, Wills / Probate, Jurisdiction
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J. Castro finds the lower court properly convicted defendant of vandalism and violating probation after he hit an airport office window with a rock. The crime was clearly done with intention and the Northern Mariana Islands’ laws do not conflict with federal laws for crimes occurring at an international airport. Defendant was given due process during the trial, where he had access to an interpreter for oral statements and did not particularly need a written translation for the proceedings. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Castro, Filed On: October 2, 2023, Case #: 2022-SCC-4, Categories: Jurisdiction, Due Process, Vandalism
J. Inos finds the trial properly found the commission had wrongfully sanctioned the investment company for failing to pay annual casino licensing fees during the Covid-19 pandemic in two out of five complaints. The default could be excused by a force majeure clause in the parties casino agreement and the commission did not show evidence that Covid-19 shutdowns were not related to the company’s inability to pay. For three of five complaints suspending the license and imposing fines, the investment company did not invoke force majeure as a defense and did not dispute the charges the commission insists it owes. Affirmed in part.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 28, 2023, Case #: 2022-SCC-6, Categories: Agency, Covid-19, Contract
J. Inos finds the lower court properly dismissed the department’s case against a now-deceased homeowner for his occupation of public land after they failed to take any action on the case or the homeowner’s application for a homestead waiver for over 20 years. The extensive delay along with the department’s false argument that the public land can be acquired through adverse possession favors dismissal. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 11, 2023, Case #: 2022-SCC-15, Categories: Government, Property
J. Manglona finds that the trial court improperly dismissed charges against a man accused of sexually assaulting a coworker based on lack of probable cause. Testimony from the victim and forensic evidence demonstrated that the victim was indeed held down using force without her consent. “The court impermissibly elevated the burden of proof and discredited the prosecution’s witnesses, thereby going beyond the limited scope of a preliminary hearing.” Vacated.
Court: Northern Mariana Islands Supreme Court, Judge: Manglona, Filed On: June 1, 2023, Case #: 2022-SCC-21, Categories: Sex Offender, Assault