On the bench with
In Re Am
North Dakota Supreme Court · 2010-08-23 · cited 19×
The case involved the annual review of A.M.'s involuntary commitment to the North Dakota State Hospital as a sexually dangerous individual, following his adjudication as a juvenile delinquent for gross sexual imposition. The district court ordered an extension of the commitment after hearing testimony from a psychologist about A.M.'s ongoing diagnoses, including paraphilia not otherwise specified (nonconsent), continued inappropriate behaviors towards a staff member, lack of progress in treatment, and risk of future predatory conduct. A.M. appealed, arguing the findings that he was a sexually dangerous individual and had serious difficulty controlling his behavior were clearly erroneous. The Supreme Court of North Dakota affirmed the order, holding that the district court's findings were supported by the evidence and not clearly erroneous.
criminal law
Boeckel v. Boeckel
North Dakota Supreme Court · 2010-07-13 · cited 13×
In this divorce case, Darnell Boeckel sought to modify an existing custody order and divide marital property after Jocelyn Boeckel relocated with the children. The district court awarded primary physical custody to Darnell Boeckel based on findings about the children's environment and best interests, divided the marital estate while including one party's inheritance but excluding the other's, and ordered each party to pay their own attorney fees. On appeal, the North Dakota Supreme Court affirmed the property valuation and distribution as well as the denial of attorney fees, finding no abuse of discretion or error in those rulings. The court reversed and remanded on the custody issue, however, because the district court failed to make explicit findings on the rebuttable statutory presumption against awarding custody to a perpetrator of domestic violence. The decision turned on application of North Dakota statutes governing custody modifications within two years of the original order and equitable division of marital assets.
family lawproperty
In Re Cah
North Dakota Supreme Court · 2010-07-13
The case involved C.H., a 38-year-old man diagnosed with schizoaffective disorder bipolar type, who was subject to a petition for involuntary commitment filed by his sister citing fears of harm to family members and his own deterioration without treatment. The district court issued orders for hospitalization at the North Dakota State Hospital and involuntary medication, which C.H. appealed. The Supreme Court affirmed the orders, holding that the findings that C.H. required treatment and that hospitalization was the least restrictive appropriate option were not clearly erroneous, based on psychiatric testimony regarding his manic behavior, threats, risk of harm to others, and inability to meet basic needs. The court also upheld the medication order after determining that statutory factors were met, including clinical appropriateness, necessity, and that benefits outweighed risks, given C.H.'s history of responding to medication and refusal to take it voluntarily.
healthcare
State v. Emil
North Dakota Supreme Court · 2010-06-30 · cited 13×
The case involved the State of North Dakota appealing a district court order suppressing financial records obtained by Workforce Safety and Insurance via subpoenas to credit unions during an investigation into alleged workforce safety fraud by Wayne Emil, Jr. and accomplice charges against his wife Kim Emil related to unreported work and income from Lady Bug Lawn Service. The defendants argued the subpoenas did not cover the Lady Bug Lawn Service account, leading the district court to suppress the records. The North Dakota Supreme Court dismissed the appeal because the prosecutor's statements filed with the notice of appeal failed to sufficiently explain the relevance of the suppressed evidence as required by N.D.C.C. § 29-28-07(5), instead merely paraphrasing the statute.
criminal lawprocedure
Holbach v. Holbach
North Dakota Supreme Court · 2010-06-30 · cited 13×
This case involved a dispute over title to two quarters of North Dakota farmland between Larry Holbach and his four children following the death of his ex-wife Judith. After their 1983 divorce, the stipulated judgment specified that Larry and Judith would hold the land as joint tenants, with provisions for farming rights, income division, and an agreement to later devise the property to the children, though no such separate agreement was ever executed; a 2001 deed confirmed the joint tenancy, and Judith's 2002 will attempted to pass her interest to the children. The district court granted Larry summary judgment quieting title solely in him as surviving joint tenant. The Supreme Court reversed, concluding that Larry's title remained subject to the conditions and restrictions outlined in the divorce judgment, which the parties had not altered by any subsequent agreement.
family lawproperty
In Re Estate of Eggl
North Dakota Supreme Court · 2010-06-10 · cited 19×
The case involved a dispute over the interpretation of Tony Eggl's will after his death, specifically how the residuary estate should be distributed when all of his siblings had predeceased him. Fourteen nieces and nephews petitioned the court, arguing for equal per capita shares among them, while one niece contended the estate should first be divided into shares based on the four siblings and then distributed per capita within each sibling's line. The district court found the will unambiguous and ruled that the language directing distribution to "their children, per capita" meant the entire residuary estate should be shared equally among all nieces and nephews in that generation. The North Dakota Supreme Court affirmed, holding that the plain language of Article VIII, including the use of plural terms and the explicit "per capita" instruction, demonstrated an intent for equal division by the number of takers rather than by family lines.
property