[¶1] On August 13, 2008, an Application for Interim Suspension of Dennis D. Fisher, a member of the Bar of North Dakota, with supporting documents including certified copies of criminal judgments in City of Fargo v. Fisher, Fargo Municipal Court Case Nos. 412843 through 412846, was filed under N.D.R. Lawyer Discipl. 4.1D by Paul W. Jacobson, Disciplinary Counsel. The criminal judgments show that Fisher plead guilty to the crimes of simple assault, theft (2 counts), and disorderly...  

[¶1] Scott Boyle appeals from a disorderly conduct restraining order prohibiting him from having contact with Jayne Hutchinson and Jennifer Carter. We reverse and remand, concluding the district court erred by failing to address and determine the validity of Boyle's constitutional claims... I... [¶2] On October 2, 2007, Hutchinson and Carter each moved for a disorderly conduct restraining order against Boyle. Carter's affidavit stated she feared for her own and her four-year-old...  

[¶1] John Strand and other Cass County residents and taxpayers ("Strand") appeal from a district court order entered after remand, denying Strand's request for an award of attorney's fees. Because we conclude the district court did not err in denying Strand's request for attorney's fees, we affirm... I... [¶2] We previously set forth relevant facts in our prior decision in this case, Strand v. Cass County, 2006 ND 190, 721 N.W.2d 374 ("Strand I"), and we will not...  

[¶1] Albert and Colin Conley, as personal representatives of the estate of Harry Wayne Conley, appeal a district court order determining testacy in the estate of Harry Wayne Conley. Because the district court erroneously failed to apply the common law presumption that a missing will is revoked, we reverse and remand for further proceedings consistent with this opinion... I... [¶2] Harry Wayne Conley died on April 21, 2001, in Jamestown, North Dakota. Harry Wayne Conley never married...  

[¶1] Steven Torkelsen appeals from a criminal judgment after a jury found him guilty of murdering Rebecca Flaa. We affirm, concluding the district court did not err in denying Torkelsen's motion to suppress evidence seized, and Torkelsen was not denied the right to represent himself... I... [¶2] At approximately 9:00 a.m., on June 27, 2004, Tom Belzer, a local farmer, discovered a human body burning in a ditch east of Cando. Belzer told one of his employees to call emergency...  

[¶1] Marcus Lunde appealed from a criminal judgment entered upon his conditional guilty plea to possession of marijuana with intent to deliver, possession of a controlled substance, and two counts of possession of drug paraphernalia. Because we conclude the district court erred in applying the good faith exception to the exclusionary rule, we reverse and remand to allow Lunde to withdraw his guilty plea... I... [¶2] In August 2006, Officer Jason Hicks of the West Fargo Police...  

[¶1] Timothy Klose appeals from a district court judgment dismissing his second application for post-conviction relief, arguing the district court committed reversible error by failing to grant an evidentiary hearing to address his claim of ineffective assistance of post-conviction counsel. We affirm, concluding Klose's claims for post-conviction relief are barred by res judicata and misuse of process, and Klose failed to raise a genuine issue of material fact on his claim of ineffective...  

[¶1] William Thompson appeals from a district court judgment entered in the probate of his mother's estate after the district court found he failed to prove he had an oral contract for deed to buy land from his parents, Ardmore and Elsie Thompson. We hold the district court's finding there was no oral contract for the sale of the land is not clearly erroneous, and we affirm... I... [¶2] When Ardmore Thompson died in 2000, he and Elsie Thompson were the record title owners of...  

[¶1] In these consolidated cases, Thomas Rivet appealed a criminal judgment entered after being found guilty by a jury of robbery and attempted murder and Louis Lugert appealed a criminal judgment entered after being found guilty by a jury of being an accomplice to attempted murder and an accomplice to robbery. We reverse the judgments against Rivet and Lugert and remand for a new trial... I... [¶2] Appellants were accused of assaulting William Bluedog in February 2007 and tried...  

[¶1] Michael William Scholes, Sr., appeals a criminal judgment entered on a conditional plea of guilty to four counts of class AA felony gross sexual imposition, one count of class A felony gross sexual imposition, and four counts of class B felony use of a minor in a sexual performance. We conclude the district court did not err in denying Scholes's motion to suppress evidence because probable cause existed to issue a search warrant for his residence, because the State's failure to comply...  

[¶1] Darla Weigel, Melody Frieson, Diana Seney and Lorna Strand (collectively "the Weigels") appeal from the district court's judgment for dismissal of their wrongful death claims against Dr. Lane Lee and Trinity Hospital (collectively "Lee"). The Weigels argue the district court misconstrued the wrongful death statutes. We conclude a decedent's children are able to seek recovery of non-economic damages in a wrongful death action and therefore this case was improperly...  

[¶1] Christina S. Carroll appealed from a district court judgment affirming the decision of Workforce Safety and Insurance ("WSI") denying her request to increase the level of reimbursement for her home health care services. We conclude the district court did not have subject matter jurisdiction, and we vacate the court's judgment... I... [¶2] Carroll became a quadriplegic in 1990 after a work-related accident. WSI began paying her associated medical expenses and disability...  

[¶1] Forum Communications Company petitioned for a supervisory writ directing district court Judge John T. Paulson to vacate his order sealing juror questionnaires and any other information that would help identify the full names of jurors in the concluded Bismarck murder trial of Moe Maurice Gibbs. We exercise our original jurisdiction and issue a supervisory writ reversing the district court's order and directing the court to consider Forum Communications' request for information under...  

[¶1] James Torkelsen appeals a criminal judgment and order for commitment finding him guilty of three counts of sexual assault under N.D.C.C. § 12.1-20-07(1)(b) following a bench trial... [¶2] Torkelsen argues the district court erred in denying his motion for acquittal because there was insufficient evidence to sustain his convictions. In his brief and during argument, Torkelsen conceded the State met its burden in proving I.M.M., the victim of the alleged sexual assaults, has a...  

[¶1] West Side Metals Corporation ("West Side") appeals an amended judgment holding West Side liable for money damages, costs, and disbursements in the amount of $86,702. We affirm the amended judgment of the district court to the extent that it finds the existence of an actual agency relationship and awards damages, costs, and disbursements, but reverse the district court's holding that an ostensible agency relationship existed... I... [¶2] This action arises out of a...  

[¶1] The State appealed from a district court order dismissing a criminal complaint charging Charles Blunt with two counts of misapplication of entrusted property. We reverse and remand, concluding (1) personal gain to the defendant is not an element of the crime of misapplication of entrusted property, and (2) the district court erred in concluding there was not probable cause to believe that an offense had been committed or that Blunt had committed it... I... [¶2] Blunt was the...  

[¶1] C.K. appeals a district court memorandum opinion and order denying his motion for a DNA test to dispute a 1994 adjudication of paternity. C.K. argues on appeal that N.D.C.C. § 14-20-31, which was enacted in 2005, allows him to request additional genetic testing if he agrees to pay in advance for the testing... [¶2] We hold that the law in effect in 1993, the year the original paternity adjudication proceeding was commenced, applies to this matter. Section 14-17-14(1),...  

[¶1] Roland Riemers appeals from a district court judgment awarding attorney fees for a prior appeal... [¶2] Riemers sued the State, a district court judge, and four justices of the North Dakota Supreme Court, claiming his legal and constitutional rights were denied during his divorce proceedings. The district court dismissed the complaint and Riemers appealed. The North Dakota Court of Appeals affirmed the dismissal and, after determining that Riemers' appeal was frivolous, remanded...  

[¶1] Jeffrey Schmeets appeals from the district court's order revoking his probation because he violated the terms of his release... [¶2] We affirm the order under N.D.R.App.P. 35.1(a)(2) and (4) because the district court's findings of fact were not clearly erroneous and because the court did not abuse its discretion in revoking probation. However, we remand the order to the district court to correct two clerical errors. Contrary to the order, Schmeets did not admit to the probation...  

[¶1] Frederick William Mayer appeals from a criminal judgment entered on a conditional plea of guilty to charges of possessing marijuana, methamphetamine, and drug paraphernalia. Mayer argues the district court erred in denying his motion to suppress evidence because law enforcement officers did not have a warrant or a reasonable and articulable suspicion that he was engaged in criminal activity when they first encountered him, and because he did not voluntarily waive his rights under...