31 results for 'judge:"Tufte "'.
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. 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. 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. 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
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J. Tufte answers certified questions from the United States District Court for the District of North Dakota pertaining to North Dakota���s natural
accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask "whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow." The court answers yes to the first question, but no to the second. The concealment aspect of snow
and ice is outside the scope of the natural accumulation rule.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND40, Categories: Administrative Law
J. Tufte finds that the district court improperly entered criminal judgment after a jury convicted an individual of exploitation of a vulnerable adult and attempted theft. Defendant argued that the court improperly admitted several trial exhibits because the exhibits were not properly authenticated and are inadmissible hearsay lacking sufficient foundation as records of regularly conducted activity. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: March 7, 2024, Case #: 2024ND42, Categories: Evidence, Theft
J. Tufte finds that the district court properly entered judgment following a bench trial on a claim for unpaid legal fees and counterclaim. Defendant individual claimed a firm breached the terms of the fee agreement and committed fraud or deceit. The judgment was properly entered and the matter is remanded for findings on a reasonable amount of attorney fees for this appeal. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND2, Categories: Fraud, Attorney Fees
J. Tufte finds that the district court properly entered criminal judgment after a jury trial in which defendant was charged with possession with intent to manufacture or deliver marijuana while in possession of a firearm and unlawful possession of amphetamine. Sufficient evidence supported the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND6, Categories: Drug Offender, Firearms
J. Tufte finds that the district court properly granted a motion to suppress evidence in a matter involving possession of controlled substances and drug paraphernalia. Defendant argued that he did not consent to a search of the backpack where controlled substances and drug paraphernalia were found. The court determined that the officer did not obtain consent for the search. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: January 10, 2024, Case #: 2024ND5, Categories: Drug Offender, Search
J. Tufte finds that the district court properly denied an application for post-conviction relief after defendant was convicted by a jury of reckless endangerment, tampering with physical evidence, unlawful possession of a firearm, and terrorizing as a result of a shooting. Defendant argues that the lower court committed reversible error by considering evidence outside the record. The district court found that defendant failed to establish there was a reasonable probability that the result of trial would have been different. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 28, 2023, Case #: 2023ND247, Categories: Evidence, Firearms
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: Fraud, Property, Contract
J. Tufte finds that the district court properly entered judgment and sentence after defendant pleaded guilty to a charge of hindering law enforcement. Defendant claimed that the district court abused its discretion by rejecting his plea agreement and the court substantially relied on impermissible sentencing factors. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: December 15, 2023, Case #: 2023ND233, Categories: Sentencing, Plea
J. Tufte finds that the district court properly denied an individual's request for discharge from civil commitment. The individual was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. There is clear and convincing evidence that the individual has serious difficulty controlling his behavior based on both his past and present conduct. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND218, Categories: Sex Offender, Commitment
J. Tufte finds that the district court improperly denied a motion to compel arbitration in a matter involving an agreement to dissolve a law firm. The district court misinterpreted the agreement by finding the claims were not arbitrable. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND224, Categories: Arbitration
J. Tufte finds that the district court improperly granted summary judgment on a planned unit development. However, the lower court properly granted summary judgment on claims against a homeowners association for breach of restrictive covenants and private nuisance concerning the purchase of a lot in a residential development. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: September 28, 2023, Case #: 2023ND171, Categories: Property
J. Tufte finds that the district court properly entered criminal judgment after a jury found defendant guilty of murder, robbery, and aggravated assault. Defendant argues his rights to a public trial and against double jeopardy were violated and the district court erred in instructing the jury and admitting a video of the victim. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 17, 2023, Case #: 2023ND152, Categories: Constitution, Murder, Double Jeopardy
J. Tufte finds that the district court improperly entered criminal judgment on a conditional plea of guilty to actual physical control of a vehicle while under the influence of alcohol. Law enforcement unlawfully searched defendant's vehicle. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 17, 2023, Case #: 2023ND155, Categories: Search, Dui
J. Tufte finds that an order involving the return of two children to North Dakota in a divorce action is not appealable. The matter is dismissed because the order requiring the mother to return her children to North Dakota is not within the North Dakota Supreme Court���s jurisdiction.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND145, Categories: Family Law, Jurisdiction
J. Tufte finds that the district court properly issued an order in a quiet title action for oil and gas leasehold interests. The district court was correct in concluding that a company���s leases terminated under their terms when production ceased and they failed to timely commence reworking
operations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND142, Categories: Energy, Property, Contract
J. Tufte finds that the district court improperly awarded primary residential responsibility for two children. The father alleges error in the form of gender bias and in the court���s finding that he was underemployed for purposes of child support. The matter is remanded with instructions to
reconsider the best interests of the children. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: August 2, 2023, Case #: 2023ND141, Categories: Family Law
J. Tufte finds that the district court properly granted summary judgment to the City of Rolla after a records request under the state���s open records statute. The City correctly contended that the individuals seeking public record failed to give the City notice under North Dakota Century Code. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: July 7, 2023, Case #: 2023ND128, Categories: Public Record
J. Tufte finds that the district court improperly entered criminal judgment in a matter in which defendant was found guilty of forgery. Defendant claimed that the lower court improperly closed the courtroom without making sufficient findings and making a prejudicial and biased statement in front of the jury. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: June 21, 2023, Case #: 2023ND115, Categories: Jury, Forgery
J. Tufte finds that the district court properly issued an order revoking probation after defendant pleaded guilty to two counts of endangerment of a child. Defendant alleged that his probation revocation was without proper notice and that inadequate findings were made against him. Defendant did not contest the five noted violations of his probation and admitted to those violations. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 30, 2023, Case #: 2023ND97, Categories: Evidence, Probation