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St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

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St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

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The North Dakota Department of Human Services appealed a district court judgment reversing the Department's order deciding Sanford HealthCare Accessories received overpayments for medical equipment supplied to Medicaid recipients and ordering recoupment. The North Dakota Supreme Court reversed and remanded, concluding the district court erred in deciding the Department's failure to comply with the statutory time requirement for issuing its final order precluded the Department from acting. View "Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services" on Justia Law

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The North Dakota Department of Human Services appealed a district court judgment reversing the Department's order deciding Sanford HealthCare Accessories received overpayments for medical equipment supplied to Medicaid recipients and ordering recoupment. The North Dakota Supreme Court reversed and remanded, concluding the district court erred in deciding the Department's failure to comply with the statutory time requirement for issuing its final order precluded the Department from acting. View "Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services" on Justia Law

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Terry Smith appealed, and Cindie Innis-Smith cross-appealed, an amended judgment granting the parties a divorce, dividing the parties' marital property, and awarding Innis-Smith spousal support. Smith also appealed an order denying his motion to reopen the record to present additional evidence relating to the values of certain items of marital property. Smith argued the district court clearly erred by equally distributing the marital property, claiming the parties' short marriage did not justify an equal distribution. The North Dakota Supreme Court found no reversible error in the trial court’s distribution of the marital property. However, because of an alleged substantial change in the values of water depot and mineral interests as part of the marital property, the Supreme Court concluded the trial court abused its discretion in denying Smith's motion to reopen the record to allow the parties to present additional evidence on the values of those property interests. The Supreme Court reversed the court's order denying Smith's motion to reopen, and remanded this case for further proceedings relating to the values of the water depot and mineral interests. View "Innis-Smith v. Smith" on Justia Law

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Delvin Shaw appealed after a jury found him guilty of murder and burglary. Shaw argued the district court erred in admitting evidence of other crimes or bad acts, and the court erred in playing the earlier testimony of a State's witness after finding the witness was unavailable to testify at trial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Shaw" on Justia Law

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Laura Rende appealed after a jury found her guilty of driving while under the influence of alcohol. The North Dakota Supreme Court reversed the criminal judgment and remanded this case for a new trial, finding that the disclosure of a preliminary breath test result during Rende's trial violated the legislative directive contained in N.D.C.C. 39-20-14(3), was not harmless error, and required the granting of Rende's request for a mistrial. View "North Dakota v. Rende" on Justia Law

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Mark Brown appealed four criminal judgments entered after the district court found him guilty of driving while under suspension on four separate occasions. Brown argued there was insufficient evidence to support the convictions and the district court erred in enhancing the classification for the final conviction to a class A misdemeanor. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Brown" on Justia Law

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Aron Williams appeals from a two-year disorderly conduct restraining order prohibiting him from having contact with Jennifer Williams. Aron and Jennifer were married in April 2015, have two minor children together, and resided in Jamestown. They separated in April 2016 and were in the process of obtaining a divorce in Stutsman County. After the separation, Jennifer moved to West Fargo. In June 2016, Jennifer filed for a temporary domestic violence protection order against Aron in Cass County, but the parties stipulated to dismissal of the order and the district court in the divorce action ordered that exchanges for Aron’s parenting time with one of the children occur at Rainbow Bridge in Moorhead, Minnesota. In December 2016, Jennifer moved to modify the provisions of an interim order on child support, attorney fees, spousal support, and parenting time in the Stutsman County divorce proceedings. In January 2017, the district court granted the motion and ordered exchanges of the children to occur at the West Fargo Police Department. On January 30, 2017, Jennifer filed a petition for a disorderly conduct restraining order against Aron in Cass County, alleging he committed several acts intended to adversely affect her safety, security, and privacy. Although Jennifer testified about several acts of alleged disorderly conduct, the district court indicated the only incidents it would consider were those that occurred after the January 13, 2017, amended interim order was entered in the divorce action. Aron’s attorney argued that Aron's words constituted constitutionally protected free speech, and the parties argued the constitutional issue before the court. The trial court found reasonable grounds to believe Aron’s actions constituted disorderly conduct and granted the restraining order. The North Dakota Supreme Court determined the district court erred by failing to address the constitutional issues Aron raised. The Court therefore reversed and remanded for the district court to make a new determination as to whether a disorderly conduct restraining order should issue on the basis of any remaining conduct. View "Williams v. Williams" on Justia Law

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Aron Williams appeals from a two-year disorderly conduct restraining order prohibiting him from having contact with Jennifer Williams. Aron and Jennifer were married in April 2015, have two minor children together, and resided in Jamestown. They separated in April 2016 and were in the process of obtaining a divorce in Stutsman County. After the separation, Jennifer moved to West Fargo. In June 2016, Jennifer filed for a temporary domestic violence protection order against Aron in Cass County, but the parties stipulated to dismissal of the order and the district court in the divorce action ordered that exchanges for Aron’s parenting time with one of the children occur at Rainbow Bridge in Moorhead, Minnesota. In December 2016, Jennifer moved to modify the provisions of an interim order on child support, attorney fees, spousal support, and parenting time in the Stutsman County divorce proceedings. In January 2017, the district court granted the motion and ordered exchanges of the children to occur at the West Fargo Police Department. On January 30, 2017, Jennifer filed a petition for a disorderly conduct restraining order against Aron in Cass County, alleging he committed several acts intended to adversely affect her safety, security, and privacy. Although Jennifer testified about several acts of alleged disorderly conduct, the district court indicated the only incidents it would consider were those that occurred after the January 13, 2017, amended interim order was entered in the divorce action. Aron’s attorney argued that Aron's words constituted constitutionally protected free speech, and the parties argued the constitutional issue before the court. The trial court found reasonable grounds to believe Aron’s actions constituted disorderly conduct and granted the restraining order. The North Dakota Supreme Court determined the district court erred by failing to address the constitutional issues Aron raised. The Court therefore reversed and remanded for the district court to make a new determination as to whether a disorderly conduct restraining order should issue on the basis of any remaining conduct. View "Williams v. Williams" on Justia Law