36 results for 'judge:"Crothers"'.
J. Crothers finds that the district court properly quieted title to disputed oil and gas interests in favor of defendant company and awarded fees. However, the court improperly required plaintiff company to pay non-legal costs. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: May 2, 2024, Case #: 2024ND88, Categories: Energy, Property
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
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. 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
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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. Crothers finds that the district court properly granted summary judgment in favor of the North Dakota Industrial Commission, acting through the North Dakota Housing Finance Agency concerning a housing development that includes a homeowner’s association. Attorney fees were properly denied. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND32, Categories: Property, Attorney Fees
j. Crothers finds that the district court properly entered judgment finding defendant guilty of reckless endangerment and terrorizing. Defendant claims that the court was in error by accepting and then rejecting a binding plea agreement, which required him to go to trial on the original charges. Defendant also argues that the district court judge was biased against him and was incorrect in not granting his motion to recuse. The judge stated the evidence would support a jury finding him guilty on all four counts, which led to a motion of recusal, but that comment was made in a hearing which was not in front of a jury. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND29, Categories: Evidence, Plea
J. Crother finds that the district court properly granted an order on a mother's motion to relocate the parties' children to the Minneapolis, Minnesota area. The father argues that the court placed too much significance on the mother's new marriage. Affirmed
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND31, Categories: Family Law
J. Crothers finds that the district court properly determined that a Florida property was valued at $104,000, and used that amount in its calculations in a divorce action. However, the district court was incorrect when it did not include a life estate’s debt in calculating the value of the husband's remainder interest in the farmland. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 8, 2024, Case #: 2024ND20, Categories: Family Law, Property
J. Crothers finds that the district court properly dismissed an application for post-conviction for gross sexual imposition in 2017. The application was filed more than two years after his conviction became final and was therefore untimely. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 8, 2024, Case #: 2024ND19, Categories: Sex Offender
J. Crothers finds that the district court improperly issued a restraining order prohibiting an individual from contact with the mother of his child. Although the restraining order expired while this appeal was pending, the appeal is not moot because a reasonable possibility exists that the district court’s decision will have adverse collateral consequences for the individual. The parties involved are not married but are in a dispute concerning a child they have together. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 28, 2023, Case #: 2023ND249, Categories: Family Law, Restraining Order
J. Crothers dismisses an appeal for lack of jurisdiction after an individual challenged the district court’s finding that he has serious difficulty controlling his sexual behavior. The individual failed to timely appeal from a court order for continued commitment after an annual review hearing to determine whether he remains a sexually dangerous individual.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND232, Categories: Commitment
J. Crothers finds that the district court properly issued a contempt order after a husband filed for divorce. The district court did not err in requiring the execution of a standard mortgage securing payment to the wife. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND239, Categories: Family Law
J. Crothers finds that the district court improperly entered a disorderly conduct restraining order prohibiting a husband from having contact with his wife for a period of six months in a matter involving a divorce proceeding. The use of the interim order process in disorderly conduct restraining order proceedings raised due process concerns. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 1, 2023, Case #: 2023ND228, Categories: Family Law, Restraining Order
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. 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. 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
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
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. 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. Crothers finds that the district court properly denied defendant medical center's motion for judgment for future economic damages in a matter in which an individual sued for medical malpractice concerning kidney failure. However, the individual's award of disbursements and costs is reversed and remanded for further proceedings. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: August 17, 2023, Case #: 2023ND153, Categories: Medical Malpractice
J. Crothers finds that the district court improperly denied an individual's request for costs and attorney fees relating to the Department of Transportation’s suspension of his driving privileges. The lower court abused its discretion in deciding the Department’s proceeding against the individual was substantially justified. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: August 2, 2023, Case #: 2023ND149, Categories: Dui, Attorney Fees