New Opinions: September 26th
Martinez v. State
Docket No.: 20240064
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Woolsey v. State
Docket No.: 20240109
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair
Highlight: The Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, does not apply to juvenile adjudications.
State v. Roller
Docket No.: 20240051
Filing Date: 9/26/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan
Highlight: "Willful" conduct is not incongruent with "intentional" conduct. "Willful" conduct includes "intentional" conduct, meaning a person's conduct can be both willful and intentional.
Habitual offender proceedings are sentencing proceedings. Therefore, the rules of evidence do not apply to the court's determination of whether an offender is a habitual offender.
Interest of J.R.
Docket No.: 20240207
Filing Date: 9/26/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: A district court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1 (a)(2) and (4).
Interest of T.R.
Docket No.: 20240208
Filing Date: 9/26/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: A district court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1 (a)(2) and (4).
State v. Hoffman
Docket No.: 20240095
Filing Date: 9/26/2024
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Estate of Olson
Docket No.: 20240078
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.
Highlight: A district court order dismissing a petition for formal probate for failure to prosecute under N.D.R.Civ.P. 40(e) is reversed because the record does not show a lack of prosecution for more than a year.
Urrabazo v. State
Docket No.: 20240085
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Interest of J.M.P.
Docket No.: 20240223
Filing Date: 9/26/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).
State v. Jalloh (consolidated w/20240010)
Docket No.: 20240009
Filing Date: 9/26/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Highlight: Judgments entered after a jury found the defendant guilty of tampering with evidence and murder are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Jalloh (consolidated w/20240009)
Docket No.: 20240010
Filing Date: 9/26/2024
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.
Highlight: Judgments entered after a jury found the defendant guilty of tampering with evidence and murder are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
Liberty Petroleum Corp. v. NDIC, et al.
Docket No.: 20240022
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair
Highlight: Pre-unitization costs of drilling and operating a well, which is now attributed to the unit, reasonably fall within the definition of unit expense. Under unitization, the risk penalty may be recovered out of, and only out of, production from the unit.
A physical taking is where the government requires an owner to suffer a permanent physical invasion of her property. Total regulatory takings occur when regulations completely deprive an owner of all economically beneficial use of her property. Property is subject to the police power of the state to impose such restrictions upon private rights as are practically necessary for the general welfare of all.
The Court accords greater deference to Industrial Commission findings of fact than it ordinarily accords to other administrative agencies' findings of fact. In orders approving a plan of unitization, the Commission made the required findings, and those findings are supported by substantial and credible evidence.
Disciplinary Board v. Merkens
Docket No.: 20240261
Filing Date: 9/26/2024
Case Type: Discipline - Attorney - Suspension
Author: Not Available
Highlight: Lawyer interim suspended.
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