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Sunday, September 29, 2024

Court releases new opinions on September appeals

State AG
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Jon J. Jensen, Chief Justice | ndcourts.gov

The court has released new opinions on September 26, 2024, covering various appeals and disciplinary actions.

In the case of "Martinez v. State," docket number 20240064, the court reviewed an appeal for post-conviction relief in a civil matter. The opinion was authored per curiam.

"Woolsey v. State," docket number 20240109, involved another appeal for post-conviction relief. Authored by Lisa K. Fair McEvers, the highlight stated: "The Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, does not apply to juvenile adjudications."

In "State v. Roller," docket number 20240051, concerning a criminal felony appeal, Douglas Alan Bahr wrote that "willful" conduct includes "intentional" conduct and that habitual offender proceedings are sentencing proceedings where rules of evidence do not apply.

The case "Interest of J.R." with docket number 20240207 dealt with the termination of parental rights in a juvenile matter. The court summarily affirmed the district court's order under N.D.R.App.P. 35.1 (a)(2) and (4).

Similarly, in "Interest of T.R." with docket number 20240208, another juvenile termination of parental rights case was summarily affirmed per curiam under N.D.R.App.P. 35.1 (a)(2) and (4).

"State v. Hoffman," docket number 20240095, focused on a criminal homicide appeal and was also summarily affirmed following a jury verdict under N.D.R.App.P. 35.1(a)(3).

In the probate-related case "Estate of Olson," docket number 20240078, Jerod E. Tufte reversed a district court order dismissing a petition for formal probate due to lack of prosecution as the record did not show such inactivity for over a year.

"Urrabazo v. State," docket number 20240085 addressed post-conviction relief denial which was summarily affirmed per curiam under N.D.R.App.P. 35.1(a)(2) and (4).

Another termination of parental rights in juvenile matters was reviewed in "Interest of J.M.P." with docket number 20240223 and was summarily affirmed per curiam under N.D.R.App.P. 35.1(a)(2) and (4).

In consolidated cases "State v. Jalloh," docket numbers 20240009 and 20240010 involved tampering with evidence and murder convictions that were summarily affirmed per curiam under N.D.R.App.P. 35.1(a)(3) and (7). Jon J Jensen authored one part.

"Liberty Petroleum Corp.v.NDIC et al."withdocketnumber20240022reviewedadministrativeproceedings.LisaK.FairMcEvershighlightedthatthepre-unitizationcostsofdrillingandoperatingawellfallwithinunitexpense,andtheCourtfoundthattheIndustrialCommission'sfindingsweresupportedbysubstantialcredibleevidence.

Lastly,in"DisciplinaryBoardv.Merkens"docketnumber20240261thecourtreviewedalawyersuspensionpercuriamwiththehighlight:"Lawyerinterimsuspended."

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