29 results for 'judge:"McEvers"'.
J. McEvers finds that the district court properly denied a motion for relief from judgment and for reconsideration. Plaintiff individual moved for a jury trial and disqualification of the Court. Defendant individual argued the appeal is frivolous and requested attorney fees and double costs. The order is affirmed and attorney fees and double costs are awarded to defendant individual. Plaintiff individual appealed the order, alleging that the Court is biased based on prior decisions that were adverse to him. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 16, 2024, Case #: 2024ND91, Categories: Judiciary, Attorney Fees
J. McEvers finds that the district court properly denied a motion to alter or amend judgment in a matter involving a second amended judgment following a complaint for negligence from an oil rig explosion. The individual was properly determined to be the prevailing party in the action. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND85, Categories: Employment, Negligence
J. McEvers finds that the district court properly determined an individual is a vexatious litigant. The matter stems from the individual's attempts to reopen a matter involving criminal trespass and simple assault. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND86, Categories: Assault, Trespass
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
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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
J. McEvers finds that the district court properly entered an amended criminal judgment and a district court order denying defendant's request to withdraw his conditional guilty pleas and his claims of ineffective assistance of counsel. Defendant was charged with two counts of gross sexual imposition. Defendant did not show that his counsel rendered ineffective assistance. Affirmed.
Court: 9th Circuit, Judge: McEvers, Filed On: March 18, 2024, Case #: 2024ND47, Categories: Ineffective Assistance, Sex Offender, Plea
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
J. McEvers finds that the district court improperly dismissed a petition for nonparent visitation. The former stepfather established a prima facie
case for nonparent visitation and was entitled to an evidentiary hearing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 22, 2024, Case #: 2024ND30, Categories: Family Law
J. McEvers finds that the district court properly dismissed an administrative appeal for lack of subject matter jurisdiction after BNSF Railway Company applied to the Department of Water Resources to construct a new rail bridge across the Missouri River between Bismarck and Mandan. The appellants failed to perfect their appeal because they did not request a hearing and therefore the court lacked subject matter jurisdiction to hear the appeal. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 8, 2024, Case #: 2024 ND22, Categories: Administrative Law, Jurisdiction
J. McEvers grants a motion to dismiss an appeal after a husband and wife prevailed on the causation element of their legal malpractice action
against a law firm. The couple alleged that the firm was negligent in representing them in a quiet title action against the State of North Dakota.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 8, 2024, Case #: 2024ND15, Categories: Property, Legal Malpractice
J. McEvers finds that the district court improperly imposed a new sentence after defendant was charged with two counts of gross sexual imposition, both class A felonies and pleaded guilty. Defendant claims the district court imposed illegal sentences by ordering the two sentences to run consecutively. The matter is remanded for resentencing. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND4, Categories: Sentencing, Sex Offender
J. McEvers dismisses an appeal for lack of jurisdiction in a matter in which the state appealed the transfer of a matter to juvenile court. The juvenile was charged with six counts of gross sexual imposition. The matter was properly transferred following an update to the definition of "child" under North Dakota House Bill 1160.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND1, Categories: Juvenile Law, Sex Offender
J. McEvers finds that the district court improperly entered a judgment of dismissal after an order granting Statoil Oil & Gas’s motion for summary judgment concluded a dispute of title allowed Statoil to suspend royalty payments. The lower court incorrectly determined that the action was barred by a statute of limitations. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND235, Categories: Energy, Contract
J. McEvers finds that the district court properly entered a third amended judgment modifying a child support obligation. The district court properly imputed the North Dakota statewide average income of a farmer to the father for purposes of child support. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: December 15, 2023, Case #: 2023ND240, Categories: Family Law
J. McEvers finds that the district court improperly denied a new trial motion in a matter condemning property. The lower court correctly determined that the arguments were not foreclosed for failure to appeal, however, the lower court improperly determined a drain project exceeded the maximum maintenance levy authorized by statute requiring the approval of the majority of landowners. Affirmed in part.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND230, Categories: Property, Water
J. McEvers finds that the district court properly denied a company's motion to vacate default judgment concerning a contract for deed dispute over the sale of a mobile home park. The dispute involved nonpayment of a final balloon payment of $406,414 when it became due on December 1, 2022. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: November 24, 2023, Case #: 2023ND216, Categories: Property, Contract
J. McEvers finds that the district court properly entered criminal judgment for unauthorized use of personal identifying information. The matter stems from several red flags when defendant entered the bank and produced a check for cashing for $10,000. Sufficient evidence supported the criminal judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND223, Categories: Evidence, Banking / Lending
J. McEvers finds that the district court improperly issued a domestic violence protection order prohibiting a husband from having contact with his wife for a two-year period. The wife's lack of specific testimony on how certain conduct created a fear of actual or imminent harm did not meet the requirement to issue the order. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND219, Categories: Restraining Order
J. McEvers finds that the district court properly entered criminal judgment after defendant pleaded guilty to gross sexual imposition. The lower court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 9, 2023, Case #: 2023ND208, Categories: Sex Offender
J. McEvers grants a petition sought by a bank for a supervisory writ directing the district court to vacate its order requiring the bank to serve defendant a notice of filing the complaint and motion for default judgment. The matter involves a summons and complaint alleging past due debt on a credit card.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: September 28, 2023, Case #: 2023ND172, Categories: Banking / Lending, Contract
J. McEvers finds that the district court improperly modified primary residential responsibility in a divorce proceeding without finding the children were adversely affected or evidence of a general decline in the children’s conditions. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND120, Categories: Family Law
J. McEvers finds that the district court properly entered judgment terminating a father's parental rights over his seven children. The mother's appeal was untimely and dismissed for lack of jurisdiction. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND122, Categories: Family Law
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. 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. 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. 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