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   State Courts - North Dakota - October 17, 2006

  
Smith v. J.P. (In the Interest of K.S.), No. 20050397, No. 20050398, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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State v. DeGroot, No. 20050408, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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State v. Ebel, Nos. 20050440 - 20050443, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Probable cause supported the issuance of a search warrant, Fourth Amendment, because the officer offered witnesses' observations of open windows in cold weather and cylindrical tanks being taken into defendant's house and the officer testified that the presence of tanks and the open windows was indicative of methamphetamine production.

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State v. Jackson, No. 20060034, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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State v. Odom, No. 20060106, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: The trial court erred in concluding defendant's consent to a search of his hotel room did not include the locked safe located in the room because, under N.D. Const. art. I, § 8 and U.S. Const. amend. IV, defendant gave general consent to a search of his hotel room for narcotics and failed at any time to limit the scope of the search.

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State v. Sevigny, No. 20050315, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: District court did not abuse its discretion by refusing to allow defendant to introduce alibi evidence because he failed provide notice of his alibi defense as required by N.D. R. Crim. P. 12.1, as he admitted that he had received reports about the Christmas vacation 2003 incident of sexual assault before trial.

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Thurn v. Workforce Safety & Ins., No. 20060092, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Witzke v. Gonzales, No. 20060155, SUPREME COURT OF NORTH DAKOTA, October 17, 2006, Filed
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Overview: Although trial court correctly dismissed an action because the purported affidavit of service did not constitute proper service of process by mail under N.D. R. Civ. P. 4(d)(2)(A)(v), court erred in doing so with prejudice because, absent personal jurisdiction, the court was powerless to do anything beyond dismissing the action without prejudice.

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