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Legal Opinion

Baier v. Hampton

North Dakota Supreme Court

Decided May 17, 1989No. Cr. 880106PublishedCited by 12 opinions

1Opinion of the Court

MESCHKE, Justice.

James Hampton appealed from a jury conviction of criminal contempt. Because the trial judge should have recused himself, we reverse and remand for a new trial.

The claimed misconduct occurred during four court hearings in 1986 and 1987 to determine Hampton’s ability to pay child support ordered by a prior divorce judgment. During questioning on his finances, Hampton disclosed that he was receiving military retirement benefits of $466 monthly. However, he did not disclose that he was also receiving military educational benefits of $606 monthly.

Finally, at a hearing on March 2,…

2Cases cited11 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. In Re Murchison.Supreme Court of the United States · 1955
  3. Offutt v. United StatesSupreme Court of the United States · 1954
  4. Nilva v. United StatesSupreme Court of the United States · 1957
  5. In Re CraneSupreme Court of Georgia · 1985

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1993
  2. Municipal Services Corp. v. State Ex Rel. North Dakota Department of Health & Consolidated LaboratoriesNorth Dakota Supreme Court · 1992
  3. City of Fargo v. HabigerNorth Dakota Supreme Court · 2004
  4. Graves v. State Board of Law ExaminersNorth Dakota Supreme Court · 2004
  5. State v. KennedyNorth Dakota Supreme Court · 2025

7 more not listed; retrieve them via the Exa API.

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