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   State Courts - North Dakota - June 26, 2007

  
City of Minot v. Holbach, No. 20070042, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Good Bird v. Twin Buttes Sch. Dist., No. 20070041, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: In an employment contract dispute between an employee and a school district, summary judgment was appropriate because employee failed to show genuine issue of material fact as to whether an employment contract was created by employee's handbook provided by school district.

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Hernandez v. State, No. 20070051, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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In the Interest of D.C.S.H.C., Nos. 20060337-20060338, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: The juvenile court did not abuse its discretion by denying a mother's request to postpone a parental rights termination proceeding so that she could appear in person at the hearing. The mother was given a meaningful opportunity to be heard through her appearance by telephone at the termination hearing while she was in prison in another state.

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Larson v. C.R. (In re C.R.), No. 20070017, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Moore v. State, No. 20060224, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: In denying petitioner's request for post-conviction relief under N.D. Cent. Code ch. 29-32.1, district court did not err because, although petitioner claimed newly discovered evidence as a result of his post-traumatic stress disorder, petitioner was not entitled to a new trial. Evidence presented at a hearing would not have changed outcome.

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Scheer v. Altru Health Sys., No. 20060333, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: Plaintiff's professional negligence suit ought not to have been dismissed for failure to timely serve an expert affidavit because under N.D. Cent. Code § 28-01-46, plaintiff was allowed to file a motion to extend the service deadline for good cause as late as in response to a defendant's motion to dismiss.

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State v. Enno, No. 20060273, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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State v. Fehl-Haber, No. 20060086, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: Defendant's conviction of gross sexual imposition was affirmed where the district court had properly excluded another partygoer's written statement, the failure to call the jury into open court to observe the alleged effect of prolonged late-night deliberations was not reversible error, and the testimony was sufficient to sustain the convictions.

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State v. Flatt, No. 20060330, SUPREME COURT OF NORTH DAKOTA, June 26, 2007, Filed
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Overview: The age-in-relation-to-the-victim provision in N.D. Cent. Code § 12.1-20-03 was an essential element added by the legislature in 2005, but it was not an element in December 2004 when defendant committed the offense of gross sexual imposition. Defendant was properly charged based on the law in effect when the crime occurred.

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