North Dakota Supreme Court Decisions 2012
Date: December 18, 2012
Citation: 2012 ND 253
Docket Number: 20120069
Justia Opinion Summary: Child S.B., is an orphan. Her mother and presumed father are dead. No one claimed custody through either parent. K.F. and M.F. physically had the child and claimed to be "private foster parents" even though they were not…
Date: December 18, 2012
Citation: 2012 ND 261
Docket Number: 20120158
Justia Opinion Summary: M.D. appealed a district court order denying his petition for discharge from commitment as a sexually dangerous individual. M.D. argued the court's finding that he remain a sexually dangerous individual was clearly…
Date: December 18, 2012
Citation: 2012 ND 254
Docket Number: 20120168
Justia Opinion Summary: K.H. appealed a juvenile court permanency order extending placement of his daughter, T.H., in the custody and control of Barnes County Social Services until June 1, 2012. Upon review of the matter, the Supreme Court…
Date: December 18, 2012
Citation: 2012 ND 259
Docket Number: 20120195
Justia Opinion Summary: Kadrmas, Lee & Jackson, Inc., ("KLJ") appealed a district court judgment awarding the City of Valley City ("City") costs and expenses the City incurred defending itself in the underlying lawsuit and pursuing its…
Date: December 18, 2012
Citation: 2012 ND 257
Docket Number: 20120202
Justia Opinion Summary: MayPort Farmers Co-Op appealed the judgment entered after trial and the district court's order denying MayPort's motion to amend findings of fact and conclusions of law and to amend judgment. MayPort sued St. Hilaire…
Date: December 18, 2012
Citation: 2012 ND 255
Docket Number: 20120210
Justia Opinion Summary: Wendell Lund appealed a district court order dismissing his action against his mother Betty Lund for lack of personal jurisdiction. Wendell is the son of Orville and Betty Lund. Orville and Betty Lund owned real property…
Date: December 18, 2012
Citation: 2012 ND 258
Docket Number: 20120221
Justia Opinion Summary: William and Carla Trotter and Kevin and Cheryl Buehner appealed a judgment which declared "Trotter Road" a public road, and that awarded Ralph and Patricia Howard damages. Since 1984, the Howards have used Trotter Road…
Date: December 18, 2012
Citation: 2012 ND 260
Docket Number: 20120246
Justia Opinion Summary: Michiel Nuveen appealed a district court judgment deviating upward from the Child Support Guidelines and ordering him to pay $3,620.00 per month in child support. On appeal he argued the district court made a…
Date: December 18, 2012
Citation: 2012 ND 256
Docket Number: 20120389
Justia Opinion Summary: B.N. appealed juvenile court orders terminating his parental rights to J.N. and J.N. Upon review of the matter, the Supreme Court reversed and remanded, concluding the juvenile court failed to make a required finding of…
Date: November 30, 2012
Citation: 2012 ND 248
Docket Number: 20120157
Justia Opinion Summary: Christina Deyle appealed the district court judgment granting Eric Deyle primary residential responsibility of the parties' two minor children. Upon review, the Supreme Court affirmed the district court's award of…
Date: November 28, 2012
Citation: 2012 ND 247
Docket Number: 20110304
Justia Opinion Summary: Daniel Herzig appealed a jury verdict which found him guilty of criminal trespass, a class B misdemeanor. Under "North Dakota v. Meyer," (361 N.W.2d 221 (N.D. 1985)), the Supreme Court concluded this dispute was…
Date: November 27, 2012
Citation: 2012 ND 234
Docket Number: 20110252
Justia Opinion Summary: Mohamed Keita appealed a divorce judgment that awarded Jennifer Keita primary residential responsibility for the parties' minor child, granted Mohamed Keita supervised parenting time for the child, denied Mohamed Keita…
Date: November 27, 2012
Citation: 2012 ND 237
Docket Number: 20110344
Justia Opinion Summary: n 2001, Defendant Mark Palmer was convicted of four counts of gross sexual imposition. Defendant appealed, and the Supreme Court affirmed his convictions. In 2011, Defendant appealed a district court order that denied…
Date: November 27, 2012
Citation: 2012 ND 240
Docket Number: 20120026
Justia Opinion Summary: Defendant Michael Tresenriter appealed criminal judgments entered after a jury verdict found him guilty of 22 counts of conspiracy to manufacture methamphetamine, two counts of unlawful possession of drug paraphernalia,…
Date: November 27, 2012
Citation: 2012 ND 239
Docket Number: 20120172
Justia Opinion Summary: In an action stemming from a failed sale of land from Greg and Shelly Schwab to Raymond Zajac, Zajac appealed the judgment entered after a jury awarded the Schwabs $4,000 on their slander of title claim against Zajac,…
Date: November 27, 2012
Citation: 2012 ND 241
Docket Number: 20120196
Justia Opinion Summary: Christopher Haag appealed an order denying his application for post-conviction relief from criminal convictions entered after he pled guilty to drug-related charges involving JWH-018 1-Pentyl-3 (1-naphthoyl) indole…
Date: November 27, 2012
Citation: 2012 ND 236
Docket Numbers: 20120203, 20120204, 20120205
Date: November 27, 2012
Citation: 2012 ND 246
Docket Number: 20120233
Justia Opinion Summary: Paul Ehlen appealed a judgment that dismissed his action against John and LynnDee Melvin to enforce a purchase agreement, a judgment for costs, and an amended judgment. The matter stemmed from a property transaction…
Date: November 27, 2012
Citation: 2012 ND 243
Docket Number: 20120240
Justia Opinion Summary: Defendant Esteban Dominguez was charged with attempted murder and terrorizing after he allegedly threatened David Nelson with a .22 caliber rifle. When Nelson began to run away, Dominguez allegedly shot at Nelson four…
Date: November 27, 2012
Citation: 2012 ND 245
Docket Number: 20120252
Justia Opinion Summary: William Falconer appealed a domestic violence protection order prohibiting him from coming within 500 feet of Bridget Niska for three years, an order granting Niska temporary custody of the parties' minor child, and a…
Date: November 27, 2012
Citation: 2012 ND 238
Docket Number: 20120269
Justia Opinion Summary: Ronald Rowland appealed the grant of summary judgment that declared that 15 deeds executed in the 1950s covering certain Bowman County property conveyed royalty interests rather than mineral interests, and an order…
Date: November 27, 2012
Citation: 2012 ND 244
Docket Number: 20120273
Justia Opinion Summary: Brendan Muldoon appealed a district court judgment that affirmed an order from an administrative law judge ("ALJ") which: affirmed an order of Workforce Safety and Insurance ("WSI") finding Muldoon was an employer under…
Date: November 27, 2012
Citation: 2012 ND 232
Docket Numbers: 20120291, 20120292, 20120293
Date: November 27, 2012
Citation: 2012 ND 242
Docket Number: 20120305
Justia Opinion Summary: The State of North Dakota, through Williams County Assistant State's Attorney Nathan Kirke Madden, petitioned the Supreme Court for a supervisory writ to direct the district court to vacate a pretrial order requiring the…
Date: November 27, 2012
Citation: 2012 ND 235
Docket Numbers: 20120382, 20120383, 20120384, 20120385
Date: November 5, 2012
Citation: 2012 ND 231
Docket Number: 20120185
Justia Opinion Summary: Bradley Dean Jordet and his attorney, Jonathan T. Garaas, appealed orders denying Bradley Jordet's motion to allow him to setoff his spousal support arrearages against Tracy Lyndal Jordet's child support arrearages, and…
Date: October 23, 2012
Citation: 2012 ND 229
Docket Number: 20110312
Justia Opinion Summary: Gene Kirkpatrick appealed a criminal judgment entered after a jury found him guilty of conspiracy to commit murder and conspiracy to commit burglary. Upon review of the case, the Supreme Court concluded his statement to…
Date: October 23, 2012
Citation: 2012 ND 222
Docket Number: 20110340
Justia Opinion Summary: Jeffrey Shannon appealed a district court divorce judgment and a post-judgment order. The judgment entered in this case did not adjudicate all claims of the parties, and the court did not certify the judgment as final…
Date: October 23, 2012
Citation: 2012 ND 225
Docket Number: 20110345
Justia Opinion Summary: Allen Hammeren appealed a divorce judgment that awarded primary residential responsibility and child support to Kelli Hammeren and an order that denied his post-judgment motion to reconsider the effective date of his…
Date: October 23, 2012
Citation: 2012 ND 216
Docket Number: 20110368
Justia Opinion Summary: The State of North Dakota, by and through the Department of Human Services and its Child Support Enforcement Division ("the Department"), appealed a district court order denying its application for an order to enforce an…
Date: October 23, 2012
Citation: 2012 ND 226
Docket Number: 20120090
Justia Opinion Summary: Richard Herring appealed a district court summary judgment dismissing his action against Lisbon Partners Credit Fund, Ltd. Partnership ("Lisbon Partners") and Five Star Services ("Five Star") for nuisance, negligence,…
Date: October 23, 2012
Citation: 2012 ND 228
Docket Number: 20120134
Justia Opinion Summary: Richie Fonder appealed a judgment that awarded him and Bobbi Fonder equal primary residential responsibility of the parties' three minor children and an order that denied his motion under N.D.R.Civ.P. 59(j) for…
Date: October 23, 2012
Citation: 2012 ND 217
Docket Number: 20120138
Justia Opinion Summary: Appellant Collette Bishop appealed a district court judgment that affirmed an administrative law judge's order ("ALJ") which affirmed an order of Workforce Safety and Insurance ("WSI") denying further vocational…
Date: October 23, 2012
Citation: 2012 ND 227
Docket Number: 20120152
Justia Opinion Summary: Hau Tran appealed a district court order granting Shannon Krueger's motion to modify primary residential responsibility of their child. Upon review, the Supreme Court affirmed, concluding the court's decision to modify…
Date: October 23, 2012
Citation: 2012 ND 219
Docket Number: 20120194
Justia Opinion Summary: Wenco, a North Dakota limited partnership, appealed a judgment quieting title to certain Mountrail County royalty and mineral interests in EOG Resources, Inc. ("EOG"), and QEP Energy Company ("QEP"), and dismissing…
Date: October 23, 2012
Citation: 2012 ND 220
Docket Number: 20120226
Justia Opinion Summary: Karl Moseng and his wife Vicki Moseng were employed by Hartland Mutual Insurance Company. Lynn Frey was Vicki Moseng's supervisor from 1985 to 2008. Karl Moseng alleged Frey used his position as a supervisor with…
Date: October 23, 2012
Citation: 2012 ND 223
Docket Number: 20120230
Justia Opinion Summary: Clinton Gardner appealed a district court judgment that affirmed a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for one year. Gardner argued that because he…
Date: October 23, 2012
Citation: 2012 ND 224
Docket Numbers: 20120237, 20120238
Date: October 23, 2012
Citation: 2012 ND 221
Docket Number: 20120346
Justia Opinion Summary: Steven Zaiser, as Chairman of the Sponsoring Committee for the Statutory Initiative Relating to the North Dakota Medical Marijuana Act, asked the Supreme Court to order Secretary of State Alvin Jaeger to place an…
Date: October 1, 2012
Citation: 2012 ND 203
Docket Number: 20110163
Justia Opinion Summary: Merwin Carlson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision that denied his claim for workers' compensation benefits after remand. Under the law of the underlying case, the Supreme…
Date: October 1, 2012
Citation: 2012 ND 204
Docket Number: 20120059
Justia Opinion Summary: Catherine Walstad appealed a judgment awarding her $37,222.90 in her action against Richard Walstad for fraudulently concealing marital property during the parties' 1994 divorce. She argued punitive damages could be…
Date: September 27, 2012
Citation: 2012 ND 201
Docket Number: 20110323
Justia Opinion Summary: Plaintiff Sharon Wheeler appealed a judgment requiring her to pay assessments to Defendant Southport Seven Planned Unit Development ("Southport"). Upon review of the matter, the Supreme Court concluded the district court…
Date: September 25, 2012
Citation: 2012 ND 197
Docket Number: 20110197
Justia Opinion Summary: Michael Martire appealed and Sandra Hendricksen Martire cross-appealed a divorce judgment and the district court's orders on post-trial motions. Both parties challenged the court's decisions on primary residential…
Date: September 25, 2012
Citation: 2012 ND 198
Docket Number: 20110311
Justia Opinion Summary: Defendant-Appellant William Scott Gagnon III appealed a judgment entered on a conditional plea of guilty to manufacturing marijuana. He reserved his right to appeal the denial of his motion to suppress evidence…
Date: September 25, 2012
Citation: 2012 ND 199
Docket Number: 20110317
Justia Opinion Summary: Defendant Jessica Burkhardt appealed a district court judgment that awarded damages to Plaintiff Jon Kohanowski for the unpaid balance of a loan and ordered Defendant to pay costs and attorney fees. Defendant was engaged…
Date: September 25, 2012
Citation: 2012 ND 196
Docket Number: 20120145
Date: August 30, 2012
Citation: 2012 ND 179
Docket Number: 20110332
Justia Opinion Summary: Darren Seay appealed a district court judgment granting a divorce to Svetlana Seay and awarding her primary residential responsibility of the parties' two minor children, A.M.S. and N.A.S. Upon review, the Supreme Court…
Date: August 30, 2012
Citation: 2012 ND 178
Docket Number: 20110336
Justia Opinion Summary: The successors to the interests of eight siblings of John Q. Nichols ("Goughnour defendants") appealed the grant of summary judgment in a quiet title action by the successors to the interests of John Q. Nichols ("Nichols…
Date: August 30, 2012
Citation: 2012 ND 185
Docket Number: 20110352
Justia Opinion Summary: The North Dakota Department of Human Services ("the Department") appealed a district court judgment reversing the Department's order determining Edward Ennis was ineligible for continued Supplemental Nutrition Assistance…
Date: August 30, 2012
Citation: 2012 ND 184
Docket Number: 20110356
Justia Opinion Summary: Carol Forsman appealed a judgment which dismissed as a matter of law under N.D.R.Civ.P. 50(a) her dram shop and negligence action against Blues, Brews and Bar-B-Ques, Inc., doing business as Muddy Rivers, and Amanda…
Date: August 30, 2012
Citation: 2012 ND 183
Docket Number: 20120013
Justia Opinion Summary: Wilfred Dahly appealed a district court judgment which affirmed a final order of the North Dakota Department of Human Services ("Department") which determined he was ineligible for Medicaid benefits. Upon review, the…
Date: August 30, 2012
Citation: 2012 ND 180
Docket Number: 20120064
Justia Opinion Summary: Joe Waldock appealed the grant of summary judgment quieting title to 25 percent of the mineral interests under a tract of land in Mountrail County in the successors in interest of the Estate of William C. Edwardson.…
Date: August 30, 2012
Citation: 2012 ND 182
Docket Number: 20120080
Justia Opinion Summary: Michiel Nuveen appealed an order that held him in contempt of court for failing to pay a property settlement as ordered in an amended divorce judgment. Upon review, the Supreme Court affirmed, concluding the district…
Date: August 30, 2012
Citation: 2012 ND 186
Docket Number: 20120081
Justia Opinion Summary: David and Marjorie George appealed the grant of summary judgment which quieted title to gravel, clay, and scoria in a quarter section of land in McKenzie County in Rosalie Veeder. Upon review, the Supreme Court concluded…
Date: August 30, 2012
Citation: 2012 ND 181
Docket Number: 20120082
Justia Opinion Summary: Gerald Middleton appealed a criminal judgment entered after a jury found him guilty of continuous sexual abuse of a child and corruption of a minor. Middleton argued the district court erred in denying his motion to…
Date: August 22, 2012
Citation: 2012 ND 176
Docket Number: 20110327
Justia Opinion Summary: Bryen Birkholz appealed a judgment ordering him to forfeit $44,140 in currency seized during a search of his residence and an order denying his motion for a new trial. In August 2010, law enforcement officers executed a…
Date: August 21, 2012
Citation: 2012 ND 175
Docket Number: 20110357
Justia Opinion Summary: Sheryl Fines appealed a judgment that dismissed her action against Ressler Enterprises, Inc. (doing business as Ressler Siding and Windows (Ressler)). Fines argued the district court abused its discretion in dismissing…
Date: August 20, 2012
Citation: 2012 ND 173
Docket Number: 20120006
Justia Opinion Summary: Strata Corporation and Liberty Mutual Fire Insurance Company appealed a partial summary judgment dismissing Liberty Mutual's subrogation claim against United Crane & Excavation, Inc., after the district court certified…
Date: August 20, 2012
Citation: 2012 ND 172
Docket Number: 20120107
Justia Opinion Summary: Tim Clausnitzer appealed the grant of summary judgment that dismissed his lawsuit against Tesoro Refinery and Marketing Company alleging lawful-activity discrimination under the North Dakota Human Rights Act, N.D.C.C.…
Date: August 16, 2012
Citation: 2012 ND 163
Docket Number: 20110231
Justia Opinion Summary: Cheryl Rae Schulte appealed an amended divorce judgment eliminating Kenneth Kramer's obligations to pay her spousal support, to provide health insurance, and to pay non-covered medical costs. Upon review of the matter,…
Date: August 16, 2012
Citation: 2012 ND 164
Docket Number: 20110232
Justia Opinion Summary: James Mickelson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision denying his claim for workers' compensation benefits. He argued WSI erred in deciding he did not suffer a compensable…
Date: August 16, 2012
Citation: 2012 ND 169
Docket Number: 20110286
Justia Opinion Summary: Dale Burke appealed a judgment dismissing his application for post-conviction relief after the district court denied his motion for DNA testing. In 1998, Burke was convicted of murdering Edmund Huotari and Larry Nelson,…
Date: August 16, 2012
Citation: 2012 ND 170
Docket Number: 20110308
Justia Opinion Summary: Andrew Thomas appealed the district court's judgment entered after a jury awarded Randall and Shannon Bakke $25,000 plus interest for breach of contract, negligence and fraud. Thomas argued insufficient evidence existed…
Date: August 16, 2012
Citation: 2012 ND 166
Docket Number: 20120051
Justia Opinion Summary: Bruce G. Harris appealed a district court judgment awarding Linda A. Smestad $30,025 plus interest on the theory of unjust enrichment. Harris argued the district court erred by: (1) deciding the issue remanded without…
Date: August 16, 2012
Citation: 2012 ND 167
Docket Number: 20120076
Justia Opinion Summary: Melissa Rudnick, formerly known as Melissa Nelson, appealed an amended judgment modifying residential responsibility of the minor child she has with Kirk Rode. Rudnick argued the district court erred in entering an ex…
Date: August 16, 2012
Citation: 2012 ND 165
Docket Number: 20120113
Justia Opinion Summary: Steven and Connie Falkenstein appealed a district court judgment dismissing their claims against Jon W. Dill and Credico, Inc. for violations of the Fair Debt Collection Practices Act ("FDCPA"). The Falkensteins received…
Date: August 16, 2012
Citation: 2012 ND 171
Docket Number: 20120128
Justia Opinion Summary: Robert Heier appealed a district court judgment affirming an administrative law judge's ("ALJ") decision affirming the termination of his employment with the Department of Corrections and Rehabilitation. Upon review of…
Date: August 16, 2012
Citation: 2012 ND 168
Docket Number: 20120161
Justia Opinion Summary: J.R. and S.R. appealed the trial court's order dismissing their petition to adopt S.E. Upon review of the trial court record, the Supreme Court concluded the trial court erred by dismissing J.R. and S.R.'s petition for…
Date: August 1, 2012
Citation: 2012 ND 162
Docket Number: 20110333
Justia Opinion Summary: Defendant Scott Kruckenberg appealed a the trial court order that denied his application for post-conviction relief. Defendant was charged with delivery of methamphetamine. The State filed a notice of intent to seek…
Date: July 26, 2012
Citation: 2012 ND 157
Docket Number: 20110178
Justia Opinion Summary: Cornel Kilber appealed a district court judgment that affirmed the Grand Forks Public School District No. 1 ("District") decision to discharge him from his teaching position with the District for conduct unbecoming the…
Date: July 26, 2012
Citation: 2012 ND 160
Docket Numbers: 20110246, 20110247, 20110248
Date: July 26, 2012
Citation: 2012 ND 155
Docket Number: 20110282
Justia Opinion Summary: Shawn Knudson, individually and as a partner of Tri-K Farms, appealed and Randy Kyllo, individually and as a partner of Tri-K Farms, cross-appealed a judgment ordering Knudson to pay Kyllo $24,703.97 after a bench trial…
Date: July 26, 2012
Citation: 2012 ND 154
Docket Number: 20120012
Justia Opinion Summary: Defendant Sarah Pavlicek appealed a criminal judgment entered against her after a jury found her guilty of abuse or neglect of a child. Defendant lived with her boyfriend, their son, Defendant's daughter from a previous…
Date: July 26, 2012
Citation: 2012 ND 152
Docket Number: 20120018
Justia Opinion Summary: John Miller and J.D. Miller Farming Association (collectively "Miller") appealed an order that affirmed the Walsh County Water Resource District's decision requiring Miller to remove unpermitted dikes from his property…
Date: July 26, 2012
Citation: 2012 ND 156
Docket Number: 20120091
Justia Opinion Summary: Defendant Travis Trainor Lutz appealed a criminal judgment entered after he conditionally pled guilty to the charge of driving under the influence. In September 2011, Defendant was charged with driving under the…
Date: July 26, 2012
Citation: 2012 ND 158
Docket Number: 20120114
Justia Opinion Summary: Defendant Anthony Perales appealed an amended criminal judgment that revoked his probation and imposed a sentence of fourteen years' incarceration followed by five years supervised probation. Defendant argued on appeal…
Date: July 26, 2012
Citation: 2012 ND 159
Docket Number: 20120119
Justia Opinion Summary: Defendant Kyle T. Mackey appealed a trial court's order for amended judgment and amended judgment denying and dismissing his application for post-conviction relief. In April 2010, Defendant pled guilty to one count of…
Date: July 26, 2012
Citation: 2012 ND 151
Docket Number: 20120170
Justia Opinion Summary: The State of North Dakota, through Adams County State's Attorney Aaron Roseland, petitioned for a supervisory writ to direct the district court to withdraw its pretrial order holding N.D.R.Ev. 707 required the State to…
Date: July 26, 2012
Citation: 2012 ND 153
Docket Number: 20120245
Justia Opinion Summary: J.A. appealed a juvenile court order terminating parental rights to his daughter, A.W. Upon review of the trial court record, the Supreme Court concluded the court's findings that J.A. abandoned the child, that the child…
Date: July 18, 2012
Citation: 2012 ND 149
Docket Number: 20110194
Justia Opinion Summary: D&P Terminal, Inc., and Potter Enterprises appealed a district court judgment that affirmed the decision of the Board of City Commissioners of Fargo in approving special assessments against their property. Upon review,…
Date: July 12, 2012
Citation: 2012 ND 148
Docket Number: 20110146
Justia Opinion Summary: Plaintiff-Appellant Robert Hale appealed a district court order dismissing his action against the State of North Dakota, the Governor of North Dakota in his official capacity, the Director of the Department of Commerce…
Date: July 12, 2012
Citation: 2012 ND 144
Docket Number: 20110171
Justia Opinion Summary: Plaintiffs-Appellants Robert and Susan Hale appealed a district court summary judgment that dismissed their nuisance and governmental takings claims against Ward County and the City of Minot. The Hales own property on…
Date: July 12, 2012
Citation: 2012 ND 147
Docket Number: 20110228
Justia Opinion Summary: Defendant Rodney Chisholm appealed a criminal judgment entered upon a jury verdict finding him guilty of murder in the death of his brother, Donald Chisholm. The Supreme Court affirmed the judgment, concluding the…
Date: July 12, 2012
Citation: 2012 ND 129
Docket Number: 20110263
Justia Opinion Summary: Defendant Kenneth Eide appealed a district court order that denied his motion to correct illegal sentences under N.D.R.Crim.P. 35(a) after the court discharged him from civil commitment as a sexually dangerous individual…
Date: July 12, 2012
Citation: 2012 ND 138
Docket Number: 20110298
Justia Opinion Summary: Defendant Manmohan Garg appealed a district court order denying his motion to withdraw guilty pleas in two criminal cases. He argued the district court erred by denying the motion because his attorneys were…
Date: July 12, 2012
Citation: 2012 ND 141
Docket Number: 20110320
Justia Opinion Summary: Defendants-Appellants Timothy and Elizabeth Lamb appealed a summary judgment cancelling their contract for deed with EVI Columbus, LLC ("EVI") and awarding EVI its costs incurred in cancelling the contract for deed. Upon…
Date: July 12, 2012
Citation: 2012 ND 133
Docket Number: 20110322
Justia Opinion Summary: Petitioner Larry Rubey appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual. Upon review, the Supreme Court affirmed, concluding the court's…
Date: July 12, 2012
Citation: 2012 ND 135
Docket Number: 20110359
Justia Opinion Summary: Defendant Branden Clark appealed a criminal judgment entered after a jury found him guilty of theft of property. On appeal, Defendant argued: the district court erred in refusing to give his requested jury instruction;…
Date: July 12, 2012
Citation: 2012 ND 140
Docket Number: 20110360
Justia Opinion Summary: Defendant Gale Bruce appealed a judgment entered after the district court convicted him of menacing under N.D.C.C. 12.1-17-05. Upon review, the Supreme Court affirmed the judgment, concluding the State presented…
Date: July 12, 2012
Citation: 2012 ND 137
Docket Number: 20110369
Justia Opinion Summary: Defendant Julie Castro appealed a district court order dismissing without prejudice her interstate custody proceeding against Crescencio Castro for custody of the parties' minor child. Upon review of the trial court…
Date: July 12, 2012
Citation: 2012 ND 142
Docket Number: 20110373
Justia Opinion Summary: Plaintiff-Appellant Randy Holkesvig appealed a district court order that modified an order enjoining him from filing certain further lawsuits without leave of court and denying his request for leave to commence four new…
Date: July 12, 2012
Citation: 2012 ND 146
Docket Number: 20120019
Justia Opinion Summary: Jordan Michael Engelhardt appealed a domestic violence protection order prohibiting him from having contact with Sara J. Rinas for twenty years. Engelhardt and Rinas, who were never married, have a minor child together.…
Date: July 12, 2012
Citation: 2012 ND 134
Docket Number: 20120063
Justia Opinion Summary: Plaintiff-Appellant Dennis Meier appealed a judgment dismissing his appeal from an administrative law judge's (ALJ) decision. The ALJ affirmed a decision by the Department of Human Services to terminate Plaintiff's…
Date: July 12, 2012
Citation: 2012 ND 139
Docket Number: 20120068
Justia Opinion Summary: In 2011, the City of Johnston charged Appellant Matthew Johnston with driving under the influence after police arrested him for driving his bicycle into a parked vehicle. Appellant moved to dismiss the charge, arguing a…
Date: July 12, 2012
Citation: 2012 ND 145
Docket Number: 20120087
Justia Opinion Summary: Defendant Trevor Mertz appealed a district court criminal judgment entered after a jury convicted him of burglary. Defendant argued that: (1) after the jury retired for deliberation, the district court erred by providing…
Date: July 12, 2012
Citation: 2012 ND 136
Docket Number: 20120136
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court's judgment reversing an administrative hearing officer's decision to suspend Petitioner's driving privileges for two years for driving under the…
Date: July 12, 2012
Citation: 2012 ND 143
Docket Number: 20120177
Justia Opinion Summary: Defendant Helen Cupido appealed a trial court's summary judgment entered in favor of Recovery Resources, LLC. Helen and David Cupido married in January 1993. In March 2010, David Cupido incurred medical expenses at St.…
Date: July 6, 2012
Citation: 2012 ND 123
Docket Number: 20110077
Justia Opinion Summary: Plaintiff-Appellant Erling "Curly" Haugland appealed and Defendant-Appellee City of Bismarck cross-appealed a grant of summary judgment that declared North Dakota's Urban Renewal Law constitutional, and Bismarck's…
Date: June 13, 2012
Citation: 2012 ND 122
Docket Number: 20110296
Justia Opinion Summary: Arnold Kosobud appealed and Teresa Kosobud cross-appealed a judgment(1) granting the parties a divorce, distributing their marital property, and ordering Arnold Kosobud to pay spousal support and attorney fees to Teresa…
Date: June 12, 2012
Citation: 2012 ND 121
Docket Number: 20110370
Justia Opinion Summary: Roger Skachenko appealed a district court order that denied his request to use marital estate funds to conduct an evaluation of Kathryn Skachenko's business, a district court order that denied his request to include as a…
Date: June 7, 2012
Citation: 2012 ND 114
Docket Number: 20110172
Justia Opinion Summary: Dakota Resource Council ("the Council") appealed a district court judgment that affirmed a Stark County Board of County Commissioners ("the Board") decision approving a zoning change for certain land from agricultural to…
Date: June 7, 2012
Citation: 2012 ND 113
Docket Number: 20110218
Justia Opinion Summary: In 2008, Defendant Vicente Chacano was charged with two counts of gross sexual imposition for having sexual contact with a victim less than fifteen years old. Defendant was charged with three additional counts of gross…
Date: June 7, 2012
Citation: 2012 ND 120
Docket Number: 20110234
Justia Opinion Summary: On November 1, 2010, after speaking with her financial institution, Capitol Credit Union, and noting suspicious withdrawals from her savings account, Heidi Blum notified the Mandan Police Department about two…
Date: June 7, 2012
Citation: 2012 ND 117
Docket Number: 20110277
Justia Opinion Summary: Defendant Mitchell Holbach appealed a municipal court judgment that summarily dismissed his application for post-conviction relief. Upon review of the matter, the Supreme Court concluded the judgment was not appealable,…
Date: June 7, 2012
Citation: 2012 ND 115
Docket Number: 20110294
Justia Opinion Summary: Quality Auto Body, Inc. and Bradley R. Huebner ("Quality Auto Body") appealed a trial court's findings of fact, conclusions of law, and order for judgment awarding immediate possession of leased premises, a money…
Date: June 7, 2012
Citation: 2012 ND 118
Docket Numbers: 20120020, 20120021, 20120022, 20120023
Date: June 7, 2012
Citation: 2012 ND 119
Docket Number: 20120191
Justia Opinion Summary: Empower the Taxpayer, Charlene Nelson, and Robert Hale (collectively "Empower") appealed an order dismissing their request for injunctive relief against numerous state and local government officials and other entities.…
Date: May 21, 2012
Citation: 2012 ND 105
Docket Number: 20120017
Justia Opinion Summary: Respondents-Appellants Darlene Hankison, Michael Flick, Steven Flick, David Flick, landowners in Wells County, and Weckerly F.L.P., a landowner in Sheridan County, appealed a Wells County district court judgment and a…
Date: May 17, 2012
Citation: 2012 ND 97
Docket Number: 20110121
Justia Opinion Summary: Defendant-Appellant Jens Lee appealed his conviction for driving while under the influence of intoxicating liquor or drugs. He was stopped for speeding while riding his motorcycle. After failing field sobriety tests and…
Date: May 17, 2012
Citation: 2012 ND 99
Docket Number: 20110145
Justia Opinion Summary: Plaintiffs, a majority group of limited partners of Magic 2 x 52 Limited Partnership appealed their post-judgment motion to pierce the corporate veil of several corporate Defendants and to recover punitive damages. The…
Date: May 17, 2012
Citation: 2012 ND 102
Docket Number: 20110201
Justia Opinion Summary: Petitioner-Appellant Cecil H. Bell appealed a district court judgment affirming a North Dakota Department of Transportation decision to revoke his driving privileges for one year. Petitioner argued he was denied his…
Date: May 17, 2012
Citation: 2012 ND 104
Docket Number: 20110212
Justia Opinion Summary: Petitioner-Appellant Donna Kraft, the personal representative for the estate of Emma Boehm, appeals a trial court's order recognizing Interested Party-Appellee Alicia Rae Ramos as a devisee under the estate of Emma…
Date: May 17, 2012
Citation: 2012 ND 103
Docket Number: 20110329
Justia Opinion Summary: Plaintiff-Appellant Ronald Parizek appealed a district court order that affirmed an administrative enforcement action which placed a lien on his personal property held by the Department of Corrections and Rehabilitation.…
Date: May 17, 2012
Citation: 2012 ND 98
Docket Number: 20110344
Justia Opinion Summary: Petitioner-Appellant Mark Palmer appealed a district court's order that denied his motion for relief for post-conviction relief. In 2001, Petitioner was convicted of four counts of gross sexual imposition. He appealed,…
Date: May 17, 2012
Citation: 2012 ND 100
Docket Number: 20110355
Justia Opinion Summary: The Dorothy J. Pierce Family Mineral Trust appealed a judgment that dismissed the Trust's claim against Richard and Brenda Jorgenson for reformation of two warranty deeds. Because the parties' claims to quiet title in…
Date: May 17, 2012
Citation: 2012 ND 101
Docket Number: 20120058
Justia Opinion Summary: Petitioner-Appellant Douglas Kooser appealed a district court's denial of his application for post-conviction relief. Petitioner argued the district court erred by denying his request to withdraw his "Alford" plea and by…
Date: May 14, 2012
Citation: 2012 ND 92
Docket Numbers: 20120130, 20120131, 20120132
Date: May 4, 2012
Citation: 2012 ND 90
Docket Number: 20110287
Justia Opinion Summary: Defendant-Appellee Barbara McDermott appealed a district court's grant of partial summary judgment in favor of Plaintiff-Appellee Kevin Pifer when the court concluded that Defendant's mother Dorothy Bevan, validly gifted…
Date: May 4, 2012
Citation: 2012 ND 91
Docket Number: 20110305
Justia Opinion Summary: Come Big or Stay Home, LLC (CBSH) appealed the grant of summary judgment in favor of EOG Resources, Inc. dismissing its claims for refusing to provide it with oil and gas well information unless CBSH agreed to not…
Date: May 3, 2012
Citation: 2012 ND 88
Docket Number: 20110109
Justia Opinion Summary: Plaintiff-Appellant Danni Lynch appealed a district court's grant of summary judgment dismissing her action against The New Public School District No. 8 for breach of contract, damage to professional reputation,…
Date: May 3, 2012
Citation: 2012 ND 86
Docket Number: 20110233
Justia Opinion Summary: Plaintiff-Appellant Ashley Vining appealed a district court amended judgment that granted Defendant-Appellee Michael Renton's motion to modify primary residential responsibility for their child. Appellee argued the…
Date: May 3, 2012
Citation: 2012 ND 87
Docket Number: 20110262
Justia Opinion Summary: Appellant Robert Johnson appealed a district court's judgment affirming an administrative law judge's (ALJ) decision that North Dakota Workforce Safety Insurance (WSI) was not liable for his right shoulder condition, and…
Date: May 3, 2012
Citation: 2012 ND 89
Docket Number: 20110338
Justia Opinion Summary: Defendant-Appellant Rodney Brossart appealed a default judgment entered against him in a collection action brought by Plaintiff-Appellee Raymond J. German, Ltd. for legal services allegedly rendered to him. On appeal,…
Date: April 12, 2012
Citation: 2012 ND 81
Docket Number: 20110143
Justia Opinion Summary: Plaintiffs-Appellants Mark Tibert, Melvin Tibert, Sue Tibert, and William Tibert appealed a district court judgment that dismissed their declaratory judgment action against Nodak Mutual Insurance Company. Mark, Melvin,…
Date: April 10, 2012
Citation: 2012 ND 80
Docket Number: 20110187
Justia Opinion Summary: Petitioner Fred M. Hector, Jr. appealed a district court judgment that affirmed the Fargo Board of City Commissioners' decision to approve special assessments against his property. In his appeal to the district court,…
Date: April 10, 2012
Citation: 2012 ND 74
Docket Number: 20110196
Justia Opinion Summary: Lance Morris appealed a district court judgment awarding Ceisha Moller primary residential responsibility of the parties' two children. Morris and Moller were not married but lived together from the latter part of 2004…
Date: April 10, 2012
Citation: 2012 ND 78
Docket Number: 20110209
Justia Opinion Summary: Sisters of Mary of the Presentation Long Term Care, d/b/a Ave Maria Village ("Sisters of Mary"), appealed, and Northern Excavating Co., Inc. ("Northern") cross-appealed a trial court's judgment awarding Northern…
Date: April 10, 2012
Citation: 2012 ND 72
Docket Number: 20110226
Justia Opinion Summary: The Dakota Resource Council (DRC) appealed a district court judgment that affirmed a North Dakota Public Service Commission (PSC) order. DRC argued: (1) the PSC's decision was not in accordance with the law; and, (2) the…
Date: April 10, 2012
Citation: 2012 ND 73
Docket Number: 20110251
Justia Opinion Summary: Appellant Beverly Fetzer appealed a district court judgment that affirmed a Workforce Safety and Insurance (WSI) order denying her request for benefits. While walking down a hallway on her employer's premises and during…
Date: April 10, 2012
Citation: 2012 ND 77
Docket Number: 20110254
Justia Opinion Summary: Petitioner Paul Schock appealed a district court judgment that affirmed an administrative order suspending his driver's license for 180 days for driving a vehicle under the influence of intoxicating liquor. Upon review,…
Date: April 10, 2012
Citation: 2012 ND 76
Docket Number: 20110259
Justia Opinion Summary: Defendant Christian Antonio Alaniz, Jr., appealed an order deferring imposition of sentence entered after he conditionally pled guilty to possession of a controlled substance and possession of drug paraphernalia.…
Date: April 10, 2012
Citation: 2012 ND 79
Docket Number: 20110260
Justia Opinion Summary: Petitioner Thomas Moore appealed a judgment that dismissed his claim for medical expenses incurred by his son, M.M., in their personal injury action against Fargo Public School District No. 1 and Eugenia Hart. In May…
Date: April 10, 2012
Citation: 2012 ND 75
Docket Number: 20110303
Justia Opinion Summary: Defendant Richard Morin appealed a criminal judgment that was based upon his conditional plea of guilty to simple assault on a peace officer. Defendant pled guilty after the district court denied his motion to suppress…
Date: April 10, 2012
Citation: 2012 ND 65
Docket Number: 20110334
Date: April 10, 2012
Citation: 2012 ND 68
Docket Number: 20110335
Date: April 3, 2012
Citation: 2012 ND 64
Docket Number: 20120112
Justia Opinion Summary: The North Dakota Attorney General, representing the State Board of Higher Education, petitioned the Supreme Court to exercise its original jurisdiction and enjoin Secretary of State from placing a referendum measure on…
Date: March 22, 2012
Citation: 2012 ND 61
Docket Number: 20120089
Date: March 21, 2012
Citation: 2012 ND 63
Docket Number: 20110156
Justia Opinion Summary: Plaintiff-Appellant Sean Weeks appealed a summary judgment that dismissed his claims against Michael Geiermann and Collection Center, Inc. (collectively "Collection Center") for violations of the Fair Debt Collection…
Date: March 19, 2012
Citation: 2012 ND 62
Docket Number: 20110165
Justia Opinion Summary: Petitioner-Appellant William McNamara appealed a district court order distributing the undistributed assets of the estate of Edith Harms. The district court determined Edith Harms' will required the undistributed assets…
Date: March 15, 2012
Citation: 2012 ND 58
Docket Number: 20110164
Justia Opinion Summary: Richard and Elaine Benson, Bill and Mary Bliven, Don and Annette Feist, Pat Lynch, and Lloyd and Donna Tribitt ("Bensons") appealed the grant of summary judgment that dismissed their claim that SRT Communications,…
Date: March 15, 2012
Citation: 2012 ND 55
Docket Number: 20110191
Justia Opinion Summary: Appellants Angeline Maki and other relatives of Richard Arndt (collectively "Maki defendants") appealed a judgment that declared that Appellee Richard Arndt and others (collectively "Arndt plaintiffs") were the owners of…
Date: March 15, 2012
Citation: 2012 ND 56
Docket Number: 20110193
Justia Opinion Summary: Plaintiff Bruce Roger Mills, individually and on behalf of those similarly situated, appealed a judgment that dismissed his claims against the City of Grand Forks to recover the amount of fines and fees collected in the…
Date: March 15, 2012
Citation: 2012 ND 54
Docket Number: 20110205
Justia Opinion Summary: Plaintiff-Appellant Allen Perius appealed a district court judgment following a jury verdict in favor of Appellee Nodak Mutual Insurance Company. In 2004, Plaintiff was involved in a motor vehicle accident with an…
Date: March 15, 2012
Citation: 2012 ND 60
Docket Number: 20110221
Justia Opinion Summary: Respondent-Appellant John Witzke appealed the district court's order granting a petition by Petitioner-Appellee Ania Gonzalez a two-year disorderly conduct restraining order against him. Witzke and Gonzalez were…
Date: March 15, 2012
Citations: 2012 ND 48, 809 N.W.2d 833
Docket Numbers: 20110235, 20110237
Date: March 15, 2012
Citation: 2012 ND 53
Docket Number: 20110239
Justia Opinion Summary: The City of Bismarck appealed from a district court order granting Defendant Daniel J. McCormick's post-trial motion for a judgment of acquittal. In 2010, Defendant was charged with driving under the influence in…
Date: March 15, 2012
Citation: 2012 ND 57
Docket Number: 20110280
Justia Opinion Summary: Appellant Valerie Joy Tronnes appealed a judgment that affirmed the Job Service of North Dakota's decision to deny her claim for unemployment benefits. In 2002, Appellant began working part-time at the Wal-Mart Vision…
Date: March 15, 2012
Citation: 2012 ND 59
Docket Number: 20110281
Justia Opinion Summary: Defendant-Appellant Gregorio Montano appealed his conviction after a jury found him guilty of possessing marijuana with the intent to deliver, and for delivery of marijuana. Defendant argued on appeal that the Supreme…
Date: March 15, 2012
Citations: 2012 ND 46, 809 N.W.2d 833
Docket Number: 20110283
Date: March 15, 2012
Citations: 2012 ND 52, 809 N.W.2d 833
Docket Number: 20120004
Date: February 28, 2012
Citation: 2012 ND 45
Docket Number: 20110217
Justia Opinion Summary: Petitioner-Appellant Sherry Jensen (formerly known as Sherry Nesemeier), appealed a district court order that denied her motion to construe the phrase "personal property" in her father Eugene Camas's will to include…
Date: February 27, 2012
Citation: 2012 ND 43
Docket Number: 20110144
Justia Opinion Summary: Appellant Richard Dregseth appealed a district court's judgment that dismissed his equitable claims against Appellee Randy Brown. Appellant argued that the district court erred in failing to make findings of fact, failed…
Date: February 27, 2012
Citation: 2012 ND 44
Docket Number: 20110149
Justia Opinion Summary: Marty Haroldson appealed and Heidi Haroldson (now known as Heidi Klein) cross-appealed an amended judgment modifying their stipulated divorce judgment. The district court denied the parties' cross-motions to modify…
Date: February 22, 2012
Citation: 2012 ND 41
Docket Number: 20110295
Date: February 21, 2012
Citation: 2012 ND 40
Docket Number: 20110154
Justia Opinion Summary: Lee Paulson's mother and siblings appealed a district court's orders that interpreted his will in favor of his fiancee, Robyn Risovi, denied a motion for reconsideration, and order distribution of his estate. Lee Paulson…
Date: February 17, 2012
Citation: 2012 ND 29
Docket Number: 20110081
Justia Opinion Summary: Respondents-Appellants Brian Wicklund and Deborah Williams, the surviving children of Maurice Wicklund, appealed an order that granted a petition by Maurice Wicklund's surviving spouse, Petitioner-Appellee Betty…
Date: February 17, 2012
Citation: 2012 ND 38
Docket Number: 20110084
Justia Opinion Summary: K.H. appealed juvenile court order that extended the placement of his daughter T.H. in the custody and control of Barnes County Social Services and an order that denied his motion to dismiss. On appeal, K.H. argued the…
Date: February 17, 2012
Citation: 2012 ND 32
Docket Number: 20110097
Justia Opinion Summary: Defendant-Appellant Macintosh Doll appealed a district court's judgment after a jury found him guilty of gross sexual imposition. On appeal, Defendant argued: (1) he did not receive a fair trial because he was tried with…
Date: February 17, 2012
Citation: 2012 ND 28
Docket Number: 20110108
Justia Opinion Summary: Petitioner-Appellant Philip Sprague appealed an order that denied his petition for formal probate of a will allegedly executed by Harriet O. Clemetson. Because the Supreme Court concluded the district court correctly…
Date: February 17, 2012
Citation: 2012 ND 30
Docket Number: 20110122
Justia Opinion Summary: Appellants Cendak Development Corporation and Fort Rice Bar & Grill, Inc. (Cendak), appealed a judgment entered in favor of Plaintiffs-Appellees Richard and Mary Bendish, which cancelled the Bendishes' contract for deed…
Date: February 17, 2012
Citation: 2012 ND 33
Docket Number: 20110131
Justia Opinion Summary: The Industrial Commission and Slawson Exploration Company appealed a district court judgment that reversed the Commission's assessment of a risk penalty against Gadeco, LLC. The issue in this case arose from a challenge…
Date: February 17, 2012
Citation: 2012 ND 25
Docket Number: 20110152
Justia Opinion Summary: Plaintiff-Appellant Maria Seibold appealed a district court order that denied her motions for a second amended judgment and to hold Defendant-Appellee Paul Leverington in contempt and denied her request for a hearing on…
Date: February 17, 2012
Citation: 2012 ND 37
Docket Number: 20110158
Justia Opinion Summary: Defendants-Appellants Dakota Sanitation Plus, Inc. (DSP) and Peggy Becker appealed a district court judgment that awarded Plaintiff-Appellee Mark Rickert the value of his shares in DSP at the time the corporation was…
Date: February 17, 2012
Citation: 2012 ND 27
Docket Number: 20110159
Justia Opinion Summary: Appellant Edith Johnson appealed a district court judgment that affirmed an administrative law judge's (ALJ) order dismissing her claim for benefits from Workforce Safety and Insurance (WSI). On appeal, Appellant argued…
Date: February 17, 2012
Citation: 2012 ND 34
Docket Number: 20110184
Justia Opinion Summary: Plaintiff-Appellant Kara Lynn Langowski appeals from a summary judgment dismissing with prejudice her negligence action against Defendant-Appellee Charlene Altendorf. In her complaint, Plaintiff alleged Defendant struck…
Date: February 17, 2012
Citation: 2012 ND 39
Docket Number: 20110202
Justia Opinion Summary: Plaintiff-Appellant Wade Baesler appealed a district court's judgment that affirmed a Department of Transportation order suspending his driving privileges for 180 days. Because the Department failed to transmit a record…
Date: February 17, 2012
Citation: 2012 ND 24
Docket Number: 20110206
Justia Opinion Summary: Theresa Horsted appealed a district court order, divorce judgment, and amended divorce judgment that awarded Christopher Horsted joint decision-making responsibility and visitation with the parties' daughter and dividing…
Date: February 17, 2012
Citation: 2012 ND 31
Docket Number: 20110213
Justia Opinion Summary: Plaintiff-Appellant Bethany Johnson appealed an amended judgment that modified a California divorce judgment regarding custody of three children and awarded Defendant-Appellee Keith Johnson primary residential…
Date: February 17, 2012
Citation: 2012 ND 35
Docket Number: 20110224
Justia Opinion Summary: Plaintiff-Appellant Charles Frison appealed a district court's order that denied his motion to amend its judgment. He sought to modify the residential responsibility of his minor child he had with Defendant-Appellee…
Date: February 17, 2012
Citation: 2012 ND 36
Docket Number: 20110297
Justia Opinion Summary: Plaintiff-Appellant Christopher Osaba appealed a district court judgment that affirmed the administrative revocation of his driving privileges for one year following his arrest for driving under the influence (DUI). Upon…
Date: February 10, 2012
Citation: 2012 ND 21
Docket Number: 20110153
Justia Opinion Summary: Defendant-Appellant Nodak Mutual Insurance Company appealed from a judgment awarding Plaintiff-Appellee Barry Myaer $34,933.24 plus interest in his breach of contract action against Nodak. Upon review, the Supreme Court…
Date: January 24, 2012
Citation: 2012 ND 20
Docket Number: 20110037
Justia Opinion Summary: Defendant-Appellant Deborah Reichman appealed a judgment that granted Plaintiff-Appellee McKenzie County a prescriptive easement for a road that crosses her land in McKenzie County and dismissed her counterclaim for…
Date: January 18, 2012
Citation: 2012 ND 18
Docket Number: 20110249
Justia Opinion Summary: Petitioner-Appellant Spence Koenig appealed a district court's judgment that affirmed the Department of Transportation's decision to suspend his driving privileges for ninety-one days. Petitioner was pulled over by a…
Date: January 18, 2012
Citation: 2012 ND 19
Docket Number: 20110331
Justia Opinion Summary: The Judicial Conduct Commission recommended that Northwest District Court judge Richard Hagar be censured for violating Canon 3(B)(1) of the Code of Judicial Conduct. In 2011, Judge Hagar was served formal charges for…
Date: January 12, 2012
Citation: 2012 ND 10
Docket Number: 20110086
Justia Opinion Summary: Defendant Steven Evans appealed from a Kidder County district court order denying his motion to amend judgment, and from a Burleigh County district court order denying his motion for reconsideration of its order that…
Date: January 12, 2012
Citation: 2012 ND 11
Docket Number: 20110090
Justia Opinion Summary: Defendant Jose Pena Garcia appealed his conviction by jury of actual physical control. Defendant argued he was denied due process because the State engaged in prosecutorial misconduct when the prosecutor read case law to…
Date: January 12, 2012
Citation: 2012 ND 9
Docket Number: 20110098
Justia Opinion Summary: As a condition of bail, the district court required Defendant Anna Hayes to consent to a warrantless search at any time of her person, vehicle, and residence. Concluding the bail condition was invalid under N.D.R.Crim.P.…
Date: January 12, 2012
Citation: 2012 ND 14
Docket Number: 20110102
Justia Opinion Summary: Plaintiff-Appellant Randy Holkesvig appealed an order that found him in contempt for failing to obey a court order and awarding Defendants-Appellees Peter Welte, Meredith Larson and Chris Smith $1,000 as a remedial…
Date: January 12, 2012
Citation: 2012 ND 16
Docket Number: 20110141
Justia Opinion Summary: Petitioner-Appellant Lyle Hollingsworth, as personal representative of the Estate of Audrey Hollingsworth, appeals from a district court judgment determining the distribution of insurance proceeds. Jerry Hollingsworth,…
Date: January 12, 2012
Citation: 2012 ND 13
Docket Number: 20110198
Justia Opinion Summary: American Family Insurance, Prairie West Apartments I, and Valley Rental Service, Inc., appealed a judgment that dismissed with prejudice negligence and strict liability claims against Waupaca Elevator Company, Inc., on…
Date: January 12, 2012
Citation: 2012 ND 15
Docket Number: 20110215
Justia Opinion Summary: Amanda Thompson Wetch (formerly known as Amanda Thompson) appealed an order that denied her motion to amend the second amended judgment granting Scott Thompson sole physical custody of the parties' two minor children…
Date: January 12, 2012
Citation: 2012 ND 12
Docket Number: 20110361
Justia Opinion Summary: "W.J.C.A." appealed district court orders for involuntary mental health treatment and medication. The orders committed W.J.C.A. to the North Dakota State Hospital for up to ninety days and allowed the State Hospital to…
Date: January 12, 2012
Citation: 2012 ND 17
Docket Number: 20110367
Justia Opinion Summary: "G.K.S." appealed a district court order finding G.K.S. chemically dependent and a person requiring treatment and that ordered him to undergo treatment at the North Dakota State Hospital for up to 90 days. Upon review,…
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