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  • Commentaries
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North Dakota Case Commentaries

Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State

Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State

Date: Dec 23, 2024
Supreme Court of North Dakota Clarifies Sequestration Procedures under Rule 615 and Upholds Strict Two-Year Limitation for Postconviction Relief in Hoff v. State Introduction In the landmark case of...
Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232

Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232

Date: Dec 23, 2024
Judicial Immunity Affirmed in Mitchell S. Sanderson v. Judge Kari Agotness, 2024 N.D. 232 Introduction In the landmark case of Mitchell S. Sanderson v. Judge Kari Agotness, decided by the Supreme...
Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota

Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota

Date: Dec 23, 2024
Legislative Preemption of Home Rule Firearm Ordinances: Insights from City of Fargo v. State of North Dakota Introduction The case of City of Fargo, Plaintiff and Appellant v. State of North Dakota,...
North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case

North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case

Date: Dec 23, 2024
North Dakota Supreme Court Clarifies Standards for Judicial Disqualification and Waiver in McKenzie Electric Coop. Case Introduction The McKenzie Electric Cooperative, Inc. v. The Honorable Daniel S....
Consent and Emergency Exception in Warrantless Searches: Analysis of State v. Gothberg

Consent and Emergency Exception in Warrantless Searches: Analysis of State v. Gothberg

Date: Dec 9, 2024
Consent and Emergency Exception in Warrantless Searches: Analysis of State of North Dakota v. Alexander Lee Gothberg Introduction In the case of State of North Dakota, Plaintiff and Appellee v....
Affirmation of Premarital Agreement Validity under N.D.C.C. § 14-03.2-08 in Olson v. Olson

Affirmation of Premarital Agreement Validity under N.D.C.C. § 14-03.2-08 in Olson v. Olson

Date: Dec 9, 2024
Affirmation of Premarital Agreement Validity under N.D.C.C. § 14-03.2-08 in Olson v. Olson Introduction In the landmark case of Jennie Renae Olson, Plaintiff and Appellant v. Jonathan Michael Olson,...
New Precedent on Plea Agreement Enforcement and Sentencing Discretion Established in State of North Dakota v. Johnson

New Precedent on Plea Agreement Enforcement and Sentencing Discretion Established in State of North Dakota v. Johnson

Date: Dec 9, 2024
New Precedent on Plea Agreement Enforcement and Sentencing Discretion Established in State of North Dakota v. Johnson Introduction In the case of State of North Dakota, Plaintiff and Appellee v....
Automobile Exception Extends Search Authority to Towed Vehicles: Analysis of State v. Grensteiner

Automobile Exception Extends Search Authority to Towed Vehicles: Analysis of State v. Grensteiner

Date: Dec 9, 2024
Automobile Exception Extends Search Authority to Towed Vehicles: Analysis of State of North Dakota v. Grensteiner Introduction State of North Dakota v. Grant Michael Grensteiner is a pivotal case...
Establishing Standards for Dismissal Without Prejudice Following Prosecutorial Misconduct: State v. Graff

Establishing Standards for Dismissal Without Prejudice Following Prosecutorial Misconduct: State v. Graff

Date: Dec 9, 2024
Establishing Standards for Dismissal Without Prejudice Following Prosecutorial Misconduct: State v. Graff Introduction The case of State of North Dakota v. Bradley Alan Graff serves as a pivotal...
Supreme Court of North Dakota Affirms Applicability of Pre-Dispositional Contact Orders During Custody under N.D.C.C. § 12.1-31.2-02

Supreme Court of North Dakota Affirms Applicability of Pre-Dispositional Contact Orders During Custody under N.D.C.C. § 12.1-31.2-02

Date: Dec 9, 2024
Supreme Court of North Dakota Affirms Applicability of Pre-Dispositional Contact Orders During Custody under N.D.C.C. § 12.1-31.2-02 Introduction The case of State of North Dakota v. James David...
North Dakota Supreme Court Refines Summary Judgment Standards in Contractual and Tort Claims

North Dakota Supreme Court Refines Summary Judgment Standards in Contractual and Tort Claims

Date: Nov 26, 2024
North Dakota Supreme Court Refines Summary Judgment Standards in Contractual and Tort Claims Introduction The case of Northstar Center, LLC v. Lukenbill Family Partnership, LLLP, and Tundra...
Supreme Court of North Dakota Establishes Criteria for Quiet Title Actions in Mineral Rights Disputes

Supreme Court of North Dakota Establishes Criteria for Quiet Title Actions in Mineral Rights Disputes

Date: Nov 26, 2024
Supreme Court of North Dakota Establishes Criteria for Quiet Title Actions in Mineral Rights Disputes Introduction In the landmark case of Marvin Nelson, Michael Coachman, and Paul Sorum v. Barbara...
Supreme Court of North Dakota Establishes Standards for Contractual Amendments in Divorce Settlements

Supreme Court of North Dakota Establishes Standards for Contractual Amendments in Divorce Settlements

Date: Nov 26, 2024
Supreme Court of North Dakota Establishes Standards for Contractual Amendments in Divorce Settlements Introduction In the landmark case of Suzanne Marie Sanders, f/k/a Suzanne Marie Bott v. Jason...
North Dakota Supreme Court Clarifies Rule 404(b) Admissibility in Domestic Violence Cases

North Dakota Supreme Court Clarifies Rule 404(b) Admissibility in Domestic Violence Cases

Date: Nov 26, 2024
North Dakota Supreme Court Clarifies Rule 404(b) Admissibility in Domestic Violence Cases Introduction The case of State of North Dakota v. Jorge Villazana serves as a pivotal judicial decision in...
Affirmation of District Court's Denial of Postconviction Relief in Chase v. State: Implications for Res Judicata and Newly Discovered Evidence

Affirmation of District Court's Denial of Postconviction Relief in Chase v. State: Implications for Res Judicata and Newly Discovered Evidence

Date: Nov 26, 2024
Affirmation of District Court's Denial of Postconviction Relief in Chase v. State: Implications for Res Judicata and Newly Discovered Evidence Introduction In the case of Lorry Van Chase v. State of...
Affirmation of Municipal Authority Under N.D.C.C. § 40-50.1-16: RMM Properties v. City of Minot

Affirmation of Municipal Authority Under N.D.C.C. § 40-50.1-16: RMM Properties v. City of Minot

Date: Nov 26, 2024
Affirmation of Municipal Authority Under N.D.C.C. § 40-50.1-16: RMM Properties v. City of Minot Introduction The case of RMM Properties, L.L.L.P. v. City of Minot challenges the authority of...
North Dakota Supreme Court Clarifies State Action in Social Media Context under §1983: Sanderson v. Myrdal

North Dakota Supreme Court Clarifies State Action in Social Media Context under §1983: Sanderson v. Myrdal

Date: Nov 9, 2024
North Dakota Supreme Court Clarifies State Action in Social Media Context under §1983: Sanderson v. Myrdal Introduction In the landmark case Mitchell S. Sanderson v. Janne Myrdal and The State of...
Establishing Prosecutorial Misconduct in Postconviction Relief: Gaddie v. State of North Dakota

Establishing Prosecutorial Misconduct in Postconviction Relief: Gaddie v. State of North Dakota

Date: Aug 29, 2024
Establishing Prosecutorial Misconduct in Postconviction Relief: Gaddie v. State of North Dakota Introduction The case of David Walter Gaddie v. State of North Dakota (2024 ND 170) presents a pivotal...
Establishing Contract Validity in Bidding Processes: Insights from Ebel v. Engelhart

Establishing Contract Validity in Bidding Processes: Insights from Ebel v. Engelhart

Date: Aug 29, 2024
Establishing Contract Validity in Bidding Processes: Insights from Ebel v. Engelhart Introduction The case Jacob Ebel, John Ebel, and Ordeen Ebel v. Yvonne Engelhart (2024 N.D. 168) adjudicated by...
Mary Wollan v. Innovis Health West: Setting Precedents for Consistent Fault Allocation and Damage Awards in Medical Malpractice Cases

Mary Wollan v. Innovis Health West: Setting Precedents for Consistent Fault Allocation and Damage Awards in Medical Malpractice Cases

Date: Aug 29, 2024
Mary Wollan v. Innovis Health West: Setting Precedents for Consistent Fault Allocation and Damage Awards in Medical Malpractice Cases Introduction In the landmark case of Mary Wollan, on behalf of...
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