North Dakota v. Baltrusch
Annotate this CaseGlen Baltrusch appeals from a criminal judgment entered after a jury found him guilty of four counts of disobedience of a judicial order. Gary, Milo, and Glen Baltrusch were sons of Delores Baltrusch. Gary was the trustee of the Delores Baltrusch Irrevocable Trust. The Trust owned a house in the City of Harvey, North Dakota. Delores was allowed to reside in the home as long as she is able. Glen also resided in the home with Delores. Gary and Milo were concerned that Glen was taking advantage of their elderly mother, and in July 2017 they asked him to vacate the property. He refused to do so. In response to Glen's refusal to leave the property, Gary, as trustee, brought an action under N.D.C.C. ch. 47-32 to evict Glen from the premises. A final judgment was entered ordering Glen to vacate the property no later than October 20, 2017. On April 11, 2018, a special writ of execution was issued ordering the sheriff to remove Glen from the property. A sheriff’s return of service indicated the special writ of execution was served on April 11, 2018, and the sheriff testified that Glen left the premises with the sheriff when the writ was served. Because the evidence was sufficient to sustain the verdicts and the district court did not commit obvious error in failing to dismiss counts two through four on double jeopardy grounds, the North Dakota Supreme Court affirmed.
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