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North Dakota Court of Appeals Court Cases
Mahoney v. Mahoney (1994)
Timothy James Mahoney appeals from an order denying his motion to modify spousal and child support. He also appeals from the trial court's refusal to rule on his motion for reconsideration. We reverse the order denying the motion to modify and remand for further proceedings.
Court: North Dakota Court of Appeals Docket: Civ. No. 930349CA
State v. Dressler (1988)
The State of North Dakota has appealed from a county court order granting Nick E. Dressler's motion to suppress the results of blood and breath tests to determine the alcoholic content of his blood. We affirm.
Court: North Dakota Court of Appeals Docket: Cr. No. 880090CA
Starke v. Starke (1990)
Penny Dockter, formerly Penny Starke, appealed from an order changing the custody of her three minor children to their father, Clinton Starke. We reverse and remand for proceedings consistent with this opinion.
Court: North Dakota Court of Appeals Docket: Civ. No. 890389CA
Reimers Seed Co. v. Stedman (1991)
Reimers sued Stedman, among others, to foreclose a judgment lien. Stedman did not appear and a default judgment was entered against him. Stedman moved for relief from the judgment in accordance with Rule 60(b), N.D.R.Civ.P., alleging that he had not been served with the summons and complaint at his dwelling house as certified in the Sheriff's Return. Stedman appealed from the default judgment before his motion was heard.
Court: North Dakota Court of Appeals Docket: Civ. No. 900333CA
State v. Woehlhoff (1994)
Woehlhoff argues on appeal that there was insufficient evidence to prove certain allegations in the complaint beyond a reasonable doubt. The North Dakota Supreme Court in State v. Ensz, 503 N.W.2d 236, 238 (N.D.1993), summarized the procedure for review when the sufficiency of the evidence is challenged on appeal:
Court: North Dakota Court of Appeals Docket: Cr. No. 930137CA
State v. Berlin (1999)
[¶ 1] David C. Berlin appealed from an order denying his motion to withdraw a plea of guilty to aggravated assault. We conclude Berlin presented no grounds to the trial court to warrant withdrawal of his guilty plea, and we affirm.
Court: North Dakota Court of Appeals Docket: 970399
[¶1] Petranellea Corrigan appealed from a criminal judgment and commitment. Corrigan entered a conditional plea of guilty to Driving Under the Influence of Alcohol, pending the outcome of her appeal. Corrigan argues the district court erred in finding the City of Devils Lake’s bond schedule lawful. We conclude the City’s bond schedule is in accordance with statute, and therefore affirm.
Court: North Dakota Court of Appeals Docket: 980052
Russell Jepson appeals from a district court judgment upholding a decision of the North Dakota Worker's Compensation Bureau (the Bureau) to pay benefits to Jepson on a prorated basis for aggravation of a preexisting injury. We reverse and remand.
Court: North Dakota Court of Appeals Docket: Civ. No. 870164CA
[¶ 1] The Department of Transportation appealed from a district court judgment reversing an administrative suspension of Troy Donovan Mead's license for 91 days for driving while under the influence. We reverse the judgment and remand with instructions to reinstate the Department's administrative suspension of Mead's license.
Court: North Dakota Court of Appeals Docket: Civil No. 980054CA
Wishnatsky v. Huey (1998)
[¶ 1] Martin Wishnatsky appealed a summary judgment dismissing his battery action against David W. Huey, and an order denying his motion for an altered judgment. We conclude, as a matter of law, that no battery occurred, and we affirm the judgment and the order.
Court: North Dakota Court of Appeals Docket: 980067
Cline v. Cline (1998)
[¶ 1] David D. Cline appealed from an order denying his motion to alter or amend a divorce judgment and his request for an interim order changing custody. We hold the trial court did not abuse its discretion in denying David's post-trial motions, and we affirm the order.
Court: North Dakota Court of Appeals Docket: 980047
Schmidt v. Ramsey County (1992)Jan was employed as the Deputy Clerk of the District Court of Ramsey County in June 1984. The Clerk of the District Court, Vicki Haman, was Jan's immediate supervisor. On December 29, 1986, Vicki fired Jan. Jan appealed her termination to the Ramsey County Board of Commissioners (the Commissioners). Following a hearing, the Ramsey County State's Attorney by letter dated February 6, 1987, notified Jan that "your termination of 12-29-86 is hereby reversed and you are directed to report back to [...]
Court: North Dakota Court of Appeals Docket: Civ. No. 920018CA
Carver v. Miller (1998)[¶ 1] Deborah Carver appealed from a district court judgment awarding Larry Joseph Miller custody of their daughter, Michaela Miller; granting Carver supervised visitation with Michaela; and ordering Carver to pay child support. Miller cross-appealed, claiming the court erred in treating the proceeding as an initial custody decision and in considering evidence Miller committed domestic violence. We affirm the custody, child support and visitation decisions, and we remand for implementation of [...]
Court: North Dakota Court of Appeals Docket: 980064
State v. Bernstein (2005)
[¶ 1] Loren Bernstein has appealed from an order deferring imposition of sentence upon a conviction for criminal trespass. We reverse and remand for a new trial, concluding that the district court erred in refusing to admit evidence that Loren's father had told him to go to the property to retrieve some personal items.
Court: North Dakota Court of Appeals Docket: 20040298
Jensen v. Zuern (1994)
Herbert O. Jensen, an inmate in the maximum security unit at the North Dakota penitentiary, appeals from an order denying his motion to amend a judgment and from an amended judgment dismissing his action and awarding attorney's fees to the American Correctional Association (ACA) and to the State of North Dakota. We affirm in part and reverse in part.
Court: North Dakota Court of Appeals Docket: Civ. No. 930386CA
City of Beach v. Kryzsko (1989)
James E. Kryzsko appeals from a judgment of conviction entered upon a jury verdict finding him guilty of disorderly conduct in violation of Section S4-3(a) and (b) of the ordinances of the City of Beach. He asserts that the City failed to produce sufficient evidence to support the conviction. We affirm.
Court: North Dakota Court of Appeals Docket: Cr. No. 880139CA
State v. Roberson (1998)
[¶ 1] Robbie D. Roberson appealed from a judgment of conviction entered on a jury verdict of guilty for driving under the influence of intoxicating liquor. We conclude the evidence was sufficient to support the conviction and Roberson's trial counsel was not ineffective on the face of the record of the trial court proceedings. We therefore affirm.
Court: North Dakota Court of Appeals Docket: 980078
State v. Steier (1994)Frank Steier was convicted by a jury of driving with a blood alcohol concentration of at least .10 percent, in violation of Section 39-08-01, N.D.C.C. Following his conviction, Steier moved for a new trial on the ground that the court erred in admitting an uncertified copy of Form 104, the State Toxicologist's directions for sample collection and submission of blood specimens. The trial court granted the motion for new trial, stating without further explanation that it was error to admit the [...]
Court: North Dakota Court of Appeals Docket: Cr. No. 930177CA
City of Bismarck v. Glass (1998)
[¶ 1] Brian Anthony Glass appealed from a conviction entered upon a conditional plea of guilty under N.D.R.Crim.P. 11 for driving while under the influence. We reverse the trial court's denial of Glass's motion to suppress and remand with instructions to allow him to withdraw his conditional guilty plea.
Court: North Dakota Court of Appeals Docket: 980031
State v. Chapin (1988)
Chapin pleaded guilty to driving while under the influence of intoxicating liquor. The trial court sentenced Chapin to (1) pay a fine of $250 and costs of $100, (2) "submit [himself] to the Southeast Human Service Center for addiction evaluation relative to [his] use of alcohol, and that [he] obey all requirements prescribed for [him] by them," and (3) imprisonment for 30 days in the county jail, with 28 days suspended upon certain conditions:
Court: North Dakota Court of Appeals Docket: Cr. No. 870089CA