47 results for 'judge:"Jensen"'.
J. Jensen finds that the district court properly entered criminal judgment after a jury found defendant guilty of felony murder. Defendant argued that the district court improperly allowed the state to remove “knowingly” from the charge of felony murder and use only the culpability level of “intentional.” Any error was not obvious and sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: May 2, 2024, Case #: 2024ND78, Categories: Evidence, Murder
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. Jensen finds that the circuit court properly entered conviction after defendant pleaded guilty to two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen and one count of rape in the fourth degree. Defendant claimed that his sentence contained an improper enhancement on his sentence after it had already commenced. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: April 10, 2024, Case #: 2024SD21, Categories: Sentencing, Sex Offender
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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. Jensen denies a pro se litigant’s motion to disqualify the Illinois Attorney General’s Office and an Illinois assistant attorney general. The litigant claims an assistant attorney general conspired with law enforcement officials in 2017 to wrongfully arrest him, fabricate evidence against him and ensure his conviction in an underlying bogus criminal case. Though a court eventually vacated his conviction, this court finds the litigant has not sufficiently shown how the assistant attorney general acted unethically.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: March 4, 2024, Case #: 3:22cv50041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Malicious Prosecution, Police Misconduct
J. Jensen finds that the district court properly held that a company breached a contract for deed. The company claimed that the court erred in granting quiet title on two of the three parcels of real property at issue. The matter is also on remand for determination of a reasonable amount of attorney fees. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND16, Categories: Property, Attorney Fees
J. Jensen affirms in part a district court order granting Wells Fargo Bank’s motion to vacate an order establishing the authority of domiciliary foreign personal representatives and letters testamentary in the matter of the estate of a deceased individual. The lower court was incorrect in determining the Dunn County District Court lacked subject matter jurisdiction regarding an application for foreign probate proceedings. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND23, Categories: Wills / Probate
J. Jensen finds that the circuit court properly granted medical providers' motions which sought a declaratory judgment establishing their right to participate as panel providers in each of the health benefit plans offered by a health plan. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: February 7, 2024, Case #: 2024SD9, Categories: Health Care
J. Jensen finds that the circuit court improperly granted a former land owner's motion for summary judgment in a quiet title action. The owner moved for summary judgment, arguing that it had not been validly served with the notice of intent to take tax deed, rendering the tax deed void. Notice had been properly served. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: February 7, 2024, Case #: 2024SD7, Categories: Property
J. Jensen grants a mother’s motion to compel documents from an Illinois city’s public school district. Her son suffered permanent brain injuries when, as a high school freshman, school officials slammed him to the ground. The court finds the school district has not provided sufficient reasons as to why it should deny the mom’s request for eyewitness statements and investigative reports.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: January 24, 2024, Case #: 3:22cv50354, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Jensen finds that the district court properly entered criminal judgment after defendant was convicted of sexual assault, a class A misdemeanor, and five counts of gross sexual imposition, class A felonies. Defendant claimed that the district court relied on impermissible factors rendering his sentence illegal and that his sentence constituted cruel and unusual punishment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: December 28, 2023, Case #: 2023ND246, Categories: Constitution, Sentencing, Sex Offender
J. Jensen finds that the district court properly entered an amended judgment modifying defendant's sentence after he was charged with six criminal offenses, including two counts of driving under the influence while causing the death of another and four counts of reckless endangerment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND231, Categories: Sentencing, Dui
J. Jensen finds that the district court properly dismissed a breach of contract claim concerning a bid to repair a liner inside a water tank. The water tank operator claims that the court incorrectly held that the repair company did not approve and authorize additional work to be performed under the agreement. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND237, Categories: Contract
J. Jensen denies an Illinois city’s motion to compel an individual’s compliance with a subpoena. The city accuses the defendant healthcare management company and associated pharma companies of conspiring to assert monopoly control of the drug Acthar, used to treat the disease proteinuria. The city wished to enforce a subpoena on one of the defendant companies’ attorneys, but the court finds that enforcing the subpoena on the lawyer would violate attorney-client privilege.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: December 11, 2023, Case #: 3:17cv50107, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Attorney Discipline
J. Jensen finds that the district court properly entered judgment after defendant was convicted of first-degree manslaughter for the death
of her boyfriend. Defendant was sentenced to forty years in prison with twenty years suspended but argued that insufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: November 29, 2023, Case #: 2023SD62, Categories: Evidence, Murder, Sentencing
J. Jensen finds that the circuit court properly determined that a couple could not recover for legal malpractice as they did not have a claim against the State in a matter involving a car collision. The couple's collision occurred with an individual who was employed by the State of South Dakota Unified Judicial System who was traveling after finishing work for the day. The employee was not acting within the scope of his employment at the time of the accident. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: November 29, 2023, Case #: 2023SD60, Categories: Employment, Vehicle, Legal Malpractice
J. Jensen finds that the district court properly entered judgment after a jury verdict found defendant guilty of stalking. Defendant argues that the evidence presented at trial was insufficient to support the jury’s verdict. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 24, 2023, Case #: 2023ND222, Categories: Evidence
J. Jensen finds that the district court properly rendered judgment following a guilty plea by defendant on two counts of sexual assault. Defendant attempted to withdraw his guilty plea but was unable to show an alleged violation in the district court had an impact on his substantial rights. Afffirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: November 24, 2023, Case #: 2023ND213, Categories: Sex Offender
J. Jensen finds that the district court properly entered judgment after a jury found defendant guilty of terrorizing, simple assault on a police officer,
preventing arrest, solicitation of a minor and indecent exposure. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 9, 2023, Case #: 2023ND210, Categories: Evidence, Assault, Public Indecency
J. Jensen finds that the circuit court improperly granted a company's motion for summary judgment in a quiet title action. The matter is remanded and quiet title is granted in favor of the individual. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: October 25, 2023, Case #: 2023SD55, Categories: Property
J. Jensen finds that the district court properly issued an order revoking sentencing and judgment imposing a new sentence against defendant, who pleaded guilty to conspiracy to deliver a controlled substance, delivery of a controlled substance, possession of a controlled substance-methamphetamine and possession of drug paraphernalia. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: October 11, 2023, Case #: 2023ND192, Categories: Drug Offender, Sentencing