Norman J. Backes

State v. Noorlun , 2005 ND 189, 705 N.W.2d 819
On appeal, jury instructions are considered as a whole to determine whether they correctly and adequately advise the jury of the applicable law and do not mislead or confuse the jury.
Whether documentary evidence should be excluded for lack of adequate foundation is within a trial court's discretion, and adequate foundation may be established by circumstantial evidence, including the events preceding, surrounding, and following the transmission of the document.
A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact-finder could find the defendant guilty beyond a reasonable doubt.
An information filed in district court before a preliminary examination is not invalid unless the defendant objects to the information before entering a plea.
City of Horace v. City of Fargo , 2005 ND 61, 694 N.W.2d 1
Annexation statutes are construed liberally to encourage the natural and well-ordered development of municipalities.
A resolution and annexation plat, with a subsequent notation to a judgment that invalidated part of the annexation and was consistent with the parties' mediation agreement, constituted an accurate map for the part of the annexation that had not been invalidated.
Gibb v. Sepe , 2004 ND 227, 690 N.W.2d 230
A spousal support award resulting from the parties' stipulation should be modified by the trial court only upon a showing of a material change in circumstances.
The party advocating the modification bears the burden of proving a material change occurred.
An award of attorney fees is an abuse of discretion when the prevailing party failed to show need, inability to pay, how the fees were incurred, or that the appeal was frivolous.
City of Fargo v. Habiger , 2004 ND 127, 682 N.W.2d 300
A judge is not obligated to withdraw as judge under the change-of-judge statute if the record does not reflect compliance with statutory procedures.
The waiver of the right to appointed counsel is effective if the waiver is made voluntarily, knowingly, and intelligently.
Character evidence may be introduced to demonstrate a defendant's propensity for veracity.
Dietz v. Kautzman , 2004 ND 119, 681 N.W.2d 437
The 21-day safe harbor provision under N.D.R.Civ.P. 11 can be waived by a party against whom sanctions are sought for bringing a frivolous claim, when the party continues to advance the claim rather than withdraw or appropriately correct it.
A trial court's decision to impose sanctions under N.D.R.Civ.P. 11 rests within the sound discretion of the court and it will not be overturned on appeal unless the court has abused its discretion.
Garcia v. State , 2004 ND 81, 678 N.W.2d 568
To succeed on a claim for ineffective assistance of counsel, a petitioner must prove counsel's performance was deficient and the deficient performance prejudiced him.
Effectiveness of counsel is measured by an objective standard of reasonableness considering prevailing professional norms.
The prejudice element requires a petitioner to establish a reasonable probability that, but for his trial counsel's errors, the result of the proceeding would have been different.
A petitioner misuses the post-conviction process by initiating a subsequent application raising issues that could have been raised in an earlier proceeding.
State v. Guscette , 2004 ND 71, 678 N.W.2d 126
A person is seized under the Fourth Amendment if, in view of all the surrounding circumstances, a reasonable person would believe he or she is not free to leave the area.
A seizure does not occur under the Fourth Amendment simply because a law enforcement officer asks a person questions, and as long as reasonable persons would feel free to disregard the officer and go about their business, the encounter is consensual and no reasonable suspicion of criminal activity is required.
Consent to a search is voluntary if, under the totality of the circumstances, it is the product of an essentially free choice and not the product of coercion.
Weaver v. State , 2004 ND 69, 688 N.W.2d 402
Dismissal of second petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).
State v. Utvick , 2004 ND 36, 675 N.W.2d 387
Probable cause is not established for a no-knock search warrant when the magistrate is not presented with any information regarding the suspect's ability to destroy the evidence or the ease with which evidence may be destroyed.
State courts apply the good-faith exception to the exclusionary rule in a manner consistent with United States Supreme Court precedent when evaluating whether evidence should be excluded due to a violation of the Fourth Amendment.
The good-faith exception to the federal exclusionary rule must be considered when a no-knock warrant has been issued in error.
A no-knock search warrant is not issued on a per se basis when the officer presents information sufficiently particularized to rebut any legal conclusion that the warrant was issued on a per se basis, even though the information was not sufficiently particularized to provide probable cause for a no-knock provision.
State v. Morales , 2004 ND 10, 673 N.W.2d 250
A court does not err by not giving a jury instruction on license or privilege on a criminal trespass charge when there is no evidence to support it.
A court does not err when it does not include a jury instruction on a lesser-included offense when the evidence does not permit the jury to rationally find the defendant not guilty of the greater offense and guilty of the lesser offense.
A jury verdict of assault on a police officer will be affirmed when the evidence is viewed in the light most favorable to the verdict, no rational trier of fact could have found that the essential elements of the crime were established beyond a reasonable doubt.
State v. Backlund , 2003 ND 184, 672 N.W.2d 431
An adult is guilty of luring a minor by computer when (1) the adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances, (2) the adult willfully uses the computer communication system to initiate or engage in such communication with a person the adult believes to be a minor, and (3) by means of that communication, the adult willfully importunes, invites, or induces the person the adult believes to be a minor to engage in sexual acts or have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires.
North Dakota has jurisdiction to prosecute a defendant who solicits a person believed to be a minor to engage in sexual acts from a computer in Minnesota, where the communication is received in North Dakota and the defendant travels to and is arrested in North Dakota.
North Dakota's luring-a-minor-by-computer law does not violate the Commerce Clause or the First Amendment.
The registration and notification provisions for sexual offenders do not violate procedural due process or double jeopardy.
State v. Beciraj , 2003 ND 171, 670 N.W.2d 855
Obvious errors affecting substantial rights may be addressed on appeal even if the error was not brought to the attention of the trial court.
Obvious error requires an appellant must establish (1) an error, (2) that is plain, which (3) affects substantial rights.
N.D.R.Ev. 404(b) prohibits the use of character evidence except for certain purposes.
State v. Beciraj , 2003 ND 173, 671 N.W.2d 250
The crime of conspiracy is limited to agreements to engage in a crime or crimes that are defined elsewhere.
Conspiracy does not require that an offense actually be committed as long as there is an agreement and an overt act to effect an objective of the conspiracy.
The act for the purpose of conspiracy can range from an act that would be innocent in the absence of a conspiracy to the actual commission of the offense agreed upon.
Conspiracy to commit arson by damaging or destroying one's own property for the purpose of collecting insurance on the loss, may occur even when, unknown to the conspirators, the insurance has lapsed.
Evidence of a prior home fire may be properly admitted if its probative value outweighs any danger of unfair prejudice and the evidence is not used to prove character but is used to show a plan for committing arson for the purpose of collecting insurance.
Damron v. State , 2003 ND 102, 663 N.W.2d 650
To claim ineffective assistance of counsel in a plea agreement, a defendant must prove a serious dereliction on the part of the defendant's attorney that prevented the guilty plea from being anything other than knowingly and intelligently made.
State v. Tognotti , 2003 ND 99, 663 N.W.2d 642
An officer arresting a passenger in a vehicle can search the driver's purse incident to the arrest without violating the driver's Fourth Amendment rights. State v. Gilberts, 497 N.W.2d 93 (N.D. 1993), is overruled to the extent it is contrary to this holding.
A police officer cannot, consistent with the Fourth Amendment, direct a person to leave a purse in a vehicle and then proceed to search the purse incident to the arrest of another passenger in the vehicle.
Vandeberg v. State , 2003 ND 71, 660 N.W.2d 568
The State cannot require a petitioner, in every post-conviction relief case, to prove up his case prior to any hearing merely by moving for summary disposition and asserting the petitioner has offered no evidence to support his claims.
Weaver v. State , 2003 ND 47, 658 N.W.2d 352
A trial court properly grants summary disposition of an application for post-conviction relief when the State's motion for summary disposition meets the initial burden of showing the application does not raise a genuine issue of material fact.
State v. Jones , 2002 ND 193, 653 N.W.2d 668
A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right.
A defendant must prove alleged false statements in an affidavit in support of a search warrant were made knowingly and intentionally, or with reckless disregard for the truth.
A motion to dismiss based on official misconduct is properly denied when there was no evidence to support any act of misconduct by the prosecutor.
City of Fargo v. Wonder , 2002 ND 142, 651 N.W.2d 665
When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply.
The administration of a breath test to determine alcohol consumption is a search.
Only items actually in the record may be included in the appendix on appeal.
Kautzman v. Kautzman , 2002 ND 118, 647 N.W.2d 684
A change of substance that contradicts the transcript of a deposition is impermissible unless it can plausibly be represented as the correction of an error in transcription.
State v. Jackson , 2002 ND 105, 646 N.W.2d 676
It is not ineffective assistance of counsel to fail to move for a judgment of acquittal when the prosecution has presented a prima facie case.
State v. Weaver , 2002 ND 4, 638 N.W.2d 30
In reviewing a trial court's denial of a motion for judgment of acquittal, the evidence is viewed in the light most favorable to the prosecution and the appellate court determines only whether there is evidence which could have allowed the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.
When a defendant adopts an all-or-nothing trial strategy and fails to request instructions on lesser included offenses, the trial court's failure to instruct on lesser included offenses does not constitute obvious error.
State v. Marshall , 2002 ND 3, 642 N.W.2d 532
Denials of N.D.R.Crim.P. 35(a) motion for correction of sentence and N.D.R.Crim.P. 36 motion for correction of a clerical mistake in sentence are summarily affirmed under N.D.R.App.P. 35.1(a)(1).
Bell v. State , 2001 ND 171, 639 N.W.2d 706
Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).
McDowell v. Gillie , 2001 ND 91, 626 N.W.2d 666
Stopping at the scene of an accident and inquiring whether any assistance is needed can constitute the rendering of aid and assistance within the meaning of the Good Samaritan Act.
Generally, issues involving the reasonable person standard and a person's subjective state of mind are inappropriate for disposition by summary judgment.
Eaton v. State , 2001 ND 97, 626 N.W.2d 676
A criminal defendant waives nonjurisdictional defects by entering a knowing and voluntary guilty plea.
Violations of the Interstate Agreement on Detainers Act that do not deprive the district court of personal jurisdiction are waived by a guilty plea.
The burden of proving a basis for post-conviction relief rests on the petitioning defendant.
Meyer v. Hawkinson , 2001 ND 78, 626 N.W.2d 262
An alleged contract to share proceeds of a winning ticket in the Canadian lottery is unenforceable as contrary to the public policy of the state of North Dakota when the statutory language and legislative history so comprehensively and clearly convey the policy underlying North Dakota's repeated rejection of a state-operated lottery and high-stakes gambling.
When an alleged contract is unenforceable on the basis of public policy, it is unnecessary to consider the issue of whether the contract existed.
Interest of D.N., D.N., C.N., Children , 2001 ND 71, 624 N.W.2d 686
When there has been an extensive period in which efforts have been made to overcome inabilities to effectively parent, the courts cannot allow the children to remain in an indeterminative status midway between foster care and the obvious need for permanent placement.
Peters-Riemers v. Riemers , 2001 ND 62, 624 N.W.2d 83
Error may not be predicated upon the erroneous exclusion of evidence unless a substantial right of the party is affected.
Only a willful violation of a protection order results in penalty.
An issue not presented to the trial court will not be considered for the first time on appeal.
Greenwood v. Paracelsus Health Care , 2001 ND 28, 622 N.W.2d 195
Section 28-01-46, N.D.C.C., which requires an affidavit of an expert to support an allegation of medical malpractice, does not apply once the trial has begun.
To establish a prima facie case of medical malpractice, the plaintiff must present evidence establishing the applicable standard of care, a violation of that standard, and a causal relationship between the violation and the alleged harm.
A medical malpractice plaintiff may establish the relevant standard of care and a prima facie case through cross-examination of the defendant physician.
Kautzman v. McDonald , 2001 ND 20, 621 N.W.2d 871
Absent the timely filing of a notice of claim against the state or one of its employees, the court lacks subject matter jurisdiction to entertain a lawsuit against them.
When a plaintiff brings an action for intentional infliction of emotional distress, the court must initially decide whether a defendant's conduct reasonably may be regarded as "extreme and outrageous."
The owner of a domestic animal which is killed or injured by the negligent or willful act of a third person proximately resulting in that death or injury is entitled to recover for the loss suffered.
The decision by law enforcement officers whether the plaintiffs' dogs posed a danger to the officers or to others, thereby justifying the dogs' destruction, does not fall within the discretionary function exception to political subdivision liability.
Kautzman v. Kautzman , 2000 ND 190, 618 N.W.2d 500
When a party executes on a money judgment to secure a division of property, the debtor is not entitled to an exemption for life insurance policies or annuities.
A trial court may enforce an equitable lien by whatever means appropriate to do justice between the parties.
If a party cannot demonstrate prejudice resulting from an allegedly defective notice, there is no right to redress.
Anderson v. Resler , 2000 ND 183, 618 N.W.2d 480
In deciding a request to change custody, the court must consider whether there has been a significant change of circumstances and whether modification is necessary to serve the best interests of the child.
Persistent and willful denial or interference with visitation may result in a change of custody.
Syvertson v. State , 2000 ND 185, 620 N.W.2d 362
A request for oral argument is incomplete if the requesting party fails to secure a time for oral argument.
A post-conviction relief application is denied if all issues were either fully and fairly determined in a direct appeal or petitioner inexcusably failed to raise them in that appeal.
Petitioner for post-conviction relief is not entitled to a new judge upon his application for post- conviction relief.
Grinnell Mut. Reins. Co. v. Farm & City Ins. Co. v. Leikas , 2000 ND 163, 616 N.W.2d 353
The statute specifying the minimum coverage required to satisfy the financial responsibility law does not prevent insurers from providing broader coverage.
Permission to use a vehicle is revoked when the owner expressly forbids further use of the vehicle.
Kautzman v. Kautzman , 2000 ND 116, 611 N.W.2d 883
When the Supreme Court specifies a defect to be cured and remands for redetermination of an issue without specifying the procedure to be followed, the trial court need only rectify the defect in a manner consistent with the Supreme Court opinion and conformable to law and justice.
Werlinger v. Champion Healthcare, etal , 2000 ND 102, 617 N.W.2d 131
Orders again granting class certification after remand are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Spath v. State , 2000 ND 40, 609 N.W.2d 455
Post-conviction relief judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Steiner v. Ford Motor Co. , 2000 ND 31, 606 N.W.2d 881
The economic loss doctrine applies to consumer purchases and bars recovery in tort for economic loss resulting from damage to a defective product when there is no damage to other property or persons.
Whether an implied warranty of merchantability has been excluded or modified is a question of fact and may involve factual inferences that can be decided only by the trial court, as trier of fact.
Strom-Sell v. Council for Concerned Citizens , 2000 ND 19, 606 N.W.2d 108
The trial court's order is summarily affirmed under N.D.R.App.P. 35.1(a)(1) because the appeal is frivolous and completely without merit.
The Supreme Court may award costs, including attorney's fees, under N.D.R.App.P. 38 if an appeal is frivolous.
In the Interest of L.A.G., a Child , 1999 ND 219, 602 N.W.2d 516
To transfer prosecution of a juvenile from juvenile court to the district court, the State must demonstrate probable cause the juvenile committed the delinquent act charged.
Probable cause is a minimal burden of proof which is met if there is a definite probability based on substantial evidence the offense has been committed.
Juvenile court judge's review of judicial referee's transfer recommendation is a review on the entire record, unless the court orders a hearing, and should include a review of the transcript of the proceedings held before the referee.
Interest of D.F.G. and E.K.B. , 1999 ND 216, 602 N.W.2d 697
On appeal, a juvenile court's decision to terminate parental rights is reviewed in a manner similar to trial de novo, giving deference to the juvenile court decision.
A juvenile court's decision to terminate parental rights will be affirmed when the State proves by clear and convincing evidence: (1) the child is deprived, (2) the conditions and causes of the deprivation are likely to continue, and (3) the child is suffering or the child will in the future probably suffer serious physical, mental, moral, or emotional harm.
Interest of Z.R. and J.V., Children , 1999 ND 214, 602 N.W.2d 723
To terminate the parental rights of a deprived child, the State must prove by clear and convincing evidence the conditions and causes of the deprivation are likely to continue and the child is suffering or in the future will suffer serious physical, mental, moral, or emotional harm.
Although review of parental termination is de novo, the appellate court will give appreciable weight to the findings of the juvenile court.
Hamilton v. Johnson , 1999 ND 208, 606 N.W.2d 137
Summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(6).
State v. Wamre , 1999 ND 164, 599 N.W.2d 268
Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place.
In executing a search warrant, a seizure of evidence of a crime found in plain view is legitimate even though the items seized are not listed in the search warrant.
A defendant may get a hearing to challenge the truthfulness of an affidavit in support of a search warrant request by alleging, and offering to prove, deliberate falsehood or reckless disregard for the truth, or statements intentionally or recklessly misleading by omission.
A decision to join offenses or defendants for trial is left to the discretion of the trial court.
State v. Syvertson , 1999 ND 134, 597 N.W.2d 652
An initial interview without Miranda warnings does not necessarily taint a subsequent interview with Miranda warnings.
A false assurance to a suspect that he is not in danger of prosecution is not coercion.
A trial judge is not prohibited from prematurely learning of the State's dangerous special or habitual offender notice.
Results of a pretrial competency evaluation cannot be used at sentencing when the defendant has not presented mental-status evidence.
Harmless-error analysis applies to the admission of psychiatric evidence in violation of a defendant's fifth amendment right against self-incrimination.
Strom-Sell v. Council for Concerned Citizens , 1999 ND 132, 597 N.W.2d 414
A trial court's denial of a motion for summary judgment does not preclude it from considering a subsequent motion for summary judgment by the same party.
Officers, directors, and agents are not generally liable for a corporation's debts, absent fraud, other recognized extraordinary circumstances, or a specific statutory provision imposing liability.
Ringsaker v. Director, ND Dept. of Transportation , 1999 ND 127, 596 N.W.2d 328
When the Intoxilyzer prints an incorrect date, and the State Toxicologist does not testify, the Department has failed to show the test was fairly administered.
Engel v. Montana Dakota Utilities , 1999 ND 111, 595 N.W.2d 319
An employer does not discriminate against an employee when refusing to hire, if the employee is not qualified for the job sought.
An employee not qualified for a position cannot prove a prima facie case of discrimination.
State v. Hill , 1999 ND 26, 590 N.W.2d 187
The trial court has discretion whether to allow testimony by a rebuttal witness who has heard evidence in violation of a sequestration order.
When a party has moved for new trial, any subsequent appeal by that party is limited to review of issues presented to the trial court on the motion for new trial.
State v. Vincent , 1999 ND 22, 592 N.W.2d 923
Order revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Darling v. Gosselin , 1999 ND 8, 589 N.W.2d 192
Under N.D.C.C. 14-08.1-05 a due and unpaid child support payment becomes a judgment as a matter of law.
Post-judgment interest is determined in the same manner as judgments entered by a district court, and thus begins to accrue on the day the payment becomes due and unpaid.
Post-judgment interest on child support arrears may be docketed as a judgment without interest.
State v. Berlin , 1999 ND App 1, 588 N.W.2d 866
If the record shows no evidence of confusion during guilty plea proceedings, a trial court does not abuse its discretion in denying a motion to withdraw a defendant's guilty plea.
A trial court's failure to advise a defendant he is not eligible for release from prison until 85 percent of his sentence has been served does not affect the voluntariness of a guilty plea.
Issues not raised in the trial court cannot be raised for the first time on appeal.
City of Fargo v. Lee , 1998 ND 126, 580 N.W.2d 580
When reviewing the disposition of a motion to suppress evidence, the Supreme Court defers to the trial court's findings of fact.
N.D.C.C. 29-06-15 authorizes a law enforcement officer to make an arrest without a warrant if an offense is committed in the officer's presence, but it does not authorize a warrantless entry into the home to search.
The burden is on the government to demonstrate exigent circumstances exist to overcome the presumption that a warrantless search is unreasonable.
City of Fargo v. Bakkerud , 1998 ND 77, 576 N.W.2d 858
When a DUI arrestee requests an independent blood test, the arresting officer must afford the arrestee a reasonable opportunity to secure an independent test and must not prevent or hinder the arrestee's timely reasonable attempts to obtain a test.
Although the arresting officer told the arrestee independent blood tests were quite expensive, the arrestee was not deprived of his right to take an independent test, especially where the officers provided the arrestee with a telephone and phone book but the arrestee made no attempt to arrange for a test.
State v. McMorrow , 1998 ND 28, 576 N.W.2d 524
District court's findings and order affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
State v. Hart , 1997 ND 188, 569 N.W.2d 451
A pro se criminal defendant who acquiesced in standby counsel's participation at trial was not denied his Sixth Amendment right to self-representation.
In an attempted murder trial, the trial court did not abuse its discretion in excluding some evidence about an alleged business relationship between the defendant and the victim.
The trial court committed harmless error in excluding on the ground of hearsay the defendant's testimony about an unavailable declarant's statement which was offered to show the defendant's state of mind and not the truth of the matter asserted.
State v. Osier , 1997 ND 170, 569 N.W.2d 441
In a criminal prosecution for sexual contact with a minor under 15 years of age, the trial court committed reversible error in admitting, under Rule 404(b), N.D.R.Ev., a prior act of sexual fondling of a minor by the defendant, where the evidence was not relevant to motive, scheme, plan, or any other exception under the rule, but served the sole purpose of demonstrating the defendant's propensity for unlawful criminal conduct.
Mahoney v. Mahoney , 1997 ND 149, 567 N.W.2d 206
Failing to make specific objections to a special master's computation of net income for child support waives the right to argue on appeal that the trial court erred in adopting the special master's report. A trial court errs in failing to include spousal support payments in the recipient's gross income when calculating child support obligation under a split custody arrangement.
State v. Avila , 1997 ND 142, 566 N.W.2d 410
An inadequate record and lack of relevant findings by a trial court make appellate review of the court's denial of a suppression motion impossible, thus requiring reversal and remand for further proceedings.
State v. Christensen , 1997 ND 57, 561 N.W.2d 631
Trial court's decision to allow evidence of defendant's prior acts with victim of gross sexual imposition was not in error for the prior acts did not create a Rule 404(b), N.D.R.Evid., issue, nor did the trial court err in asking the jury to isolate particular testimony it requested be read.
State v. Foster , 1997 ND 8, 560 N.W.2d 194
For good cause shown, a trial court may issue a continuance of the Mandatory Disposition of Detainers Act if the continuance is issued within the original 90 days as specified by the Act, and the trial is scheduled and heard within the extension period. A substitution of defense counsel the day before the scheduled trial and the court's full calendar may combine to form "good cause."
Interest of A. E. , 1997 ND 9, 559 N.W.2d 215
Under N.D.C.C. 27-20-34(1)(c)(4)(b), the court must find there are reasonable grounds to believe that the juvenile is not amenable to treatment or rehabilitation as a juvenile in order to transfer a juvenile to district court for prosecution. Generally, the State bears the burden of persuasion that the juvenile is not amenable to treatment; however, N.D.C.C. 27-20-34(2) shifts the burden of persuasion to the child to show there are reasonable grounds to believe the child is amenable to treatment.
State v. Torres , 1997 ND 5, 565 N.W.2d 505
Affirmed under N.D.R.App.P. 35.1.
D.E.M. v. Allickson , 555 N.W.2d 596 (N.D. 1996)
Estoppel results from an insurer's stated reliance upon one ground for denying liability without stating additional known grounds, when there is resulting prejudice to the claimant.
Reasonableness of a settlement is a question of fact.
Kjos, f/k/a Brandenburger v. Brandenburger , 552 N.W.2d 63 (N.D. 1996)
North Dakota Administrative Code 75-02-04.1-07 authorizes imputing income to an underemployed child support obligor, based on the obligor's earning capacity. The child support guidelines present an objective standard - 'prevailing amounts earned in the community by persons with similar work history and occupational qualifications' - to measure the obligor's 'gross income from earnings.'
Raboin v. ND Dept. of Human Services , 552 N.W.2d 329 (N.D. 1996)
Chapter 28-32, N.D.C.C., authorizes an appeal to the district court from a Department of Human Services' finding of probable cause of child abuse or neglect.
The Department's determination there was probable cause of abuse by parents who used corporal punishment as a last resort to discipline their children was not supported by a preponderance of evidence. There was no evidence from which a reasonable person could conclude any of the children suffered serious physical harm or traumatic abuse as a result of the parental spankings.
Interest of J.A.G. , 552 N.W.2d 317 (N.D. 1996)
The juvenile court did not err in finding reasonable grounds to believe the juvenile committed a delinquent act of conspiracy to commit armed robbery and was not amenable to treatment or rehabilitation as a juvenile through available programs.
Interest of C.R.M. , 552 N.W.2d 324 (N.D. 1996)
The juvenile court did not err in ruling that the rules of evidence were inapplicable to a juvenile transfer proceeding, or in allowing a detective, who was cross-examined, to present hearsay testimony based upon information acquired in the course of his investigation.
The juvenile court did not err in finding probable cause to believe the juvenile assisted in committing an attempted robbery resulting in a person's death.
Van Raden Homes, Inc. v. Dakota View Estates , 546 N.W.2d 843 (N.D. 1996)
Thompson v. Peterson , 546 N.W.2d 856 (N.D. 1996)
Mehl v. Mehl , 545 N.W.2d 777 (N.D. 1996)
Berg Transport, Inc. v. ND Workers Comp. and Oller , 542 N.W.2d 729 (N.D. 1996)
Odermann v. Leonhart, f/k/a Odermann , 551 N.W.2d 567 (N.D. 1996)
State v. Bell , 540 N.W.2d 599 (N.D. 1995)
McDonough v. Murphy , 539 N.W.2d 313 (N.D. 1995)
Estate of Zubicki v. Rutherford , 537 N.W.2d 559 (N.D. 1995)
Score v. American Family Mutual Ins. Co. , 538 N.W.2d 206 (N.D. 1995)
Mahoney v. Mahoney , 538 N.W.2d 189 (N.D. 1995)
Van Dyke v. Van Dyke , 538 N.W.2d 197 (N.D. 1995)
State v. Vance , 537 N.W.2d 545 (N.D. 1995)
State v. Runck , 534 N.W.2d 829 (N.D. 1995)
Red River State Bank v. Reierson , 533 N.W.2d 683 (N.D. 1995)
Duchscherer v. W.W. Wallwork, Inc. , 534 N.W.2d 13 (N.D. 1995)
McMorrow v. State , 537 N.W.2d 365 (N.D. 1995)
First State Bank v. Moen Enterprises , 529 N.W.2d 887 (N.D. 1995)
Scherling v. Scherling , 529 N.W.2d 879 (N.D. 1995)
State v. Gonderman , 531 N.W.2d 11 (N.D. 1995)
State v. Lefthand , 523 N.W.2d 63 (N.D. 1994)
Van Raden Homes, Inc. v. Dakota View Estates , 520 N.W.2d 866 (N.D. 1994)
Simons v. Gisvold , 519 N.W.2d 585 (N.D. 1994)
State v. McKinney , 518 N.W.2d 696 (N.D. 1994)
Boeddeker v. Reel , 517 N.W.2d 407 (N.D. 1994)
Kummer v. City of Fargo , 516 N.W.2d 294 (N.D. 1994)
McMorrow v. State , 516 N.W.2d 282 (N.D. 1994)
McMorrow v. State , 524 N.W.2d 612 (N.D. 1994)
Brakke v. Kensrud , 514 N.W.2d 691 (N.D. 1994)
Holiday Inn v. Karch , 514 N.W.2d 374 (N.D. 1994)
Matter of BKU Enterprises, Inc. , 513 N.W.2d 382 (N.D. 1994)
Spilovoy v. Spilovoy , 511 N.W.2d 230 (N.D. 1994)
Gabriel v. Minn. Mutual , 506 N.W.2d 73 (N.D. 1993)
The CIT Group/Equipment Financing, Inc. v. The Travelers Ins. Co. , 504 N.W.2d 565 (N.D. 1993)
Mark v. The Travelers Insurance Co. , 503 N.W.2d 848 (N.D. 1993)
Madison v. ND Department of Transportation , 503 N.W.2d 243 (N.D. 1993)
W. W. Wallwork, Inc. v. Duchscherer , 501 N.W.2d 751 (N.D. 1993)
Burlington Northern Railroad v. State of North Dakota , 500 N.W.2d 615 (N.D. 1993)
Nygard v. Nygard , 503 N.W.2d 848 (N.D. 1993)
Barstad v. Barstad , 499 N.W.2d 584 (N.D. 1993)
State v. McMorrow , 503 N.W.2d 848 (N.D. 1993)
SHector v. Metro Centers, Inc. , 498 N.W.2d 113 (N.D. 1993)
Schultz v. ND Workers' Compensation Bureau , 497 N.W.2d 101 (N.D. 1992)
State of Minnesota v. Snell , 493 N.W.2d 656 (N.D. 1992)
Ertelt v. ND Dept. of Transportation , 491 N.W.2d 736 (N.D. 1992)
Butz v. World Wide, Inc. , 492 N.W.2d 88 (N.D. 1992)
Nesvig v. Anderson Brothers Construction Co. , 490 N.W.2d 478 (N.D. 1992)
Brakke v. Kensrud , 489 N.W.2d 594 (N.D. 1992)
McLean v. The Kirby Company , 490 N.W.2d 229 (N.D. 1992)
Spilovoy v. Spilovoy , 488 N.W.2d 873 (N.D. 1992)
Kallhoff v. ND Workers' Compensation Bureau , 484 N.W.2d 510 (N.D. 1992)
Interest of J.H. AND A.H. , 484 N.W.2d 482 (N.D. 1992)
Service Oil, Inc. v. State , 479 N.W.2d 815 (N.D. 1992)
State v. Hill , 477 N.W.2d 825 (N.D. 1991)
Stepanek v. ND Workers Compensation Bureau , 476 N.W.2d 1 (N.D. 1991)
Butz v. World Wide, Inc. , 472 N.W.2d 757 (N.D. 1991)
Diegel v. ND Workers' Compensation Bureau , 469 N.W.2d 151 (N.D. 1991)
State v. Farzaneh , 468 N.W.2d 638 (N.D. 1991)
Witthauer v. Burkhart Roentgen, Inc. , 467 N.W.2d 439 (N.D. 1991)
Harwood State Bank v. Charon , 466 N.W.2d 601 (N.D. 1991)
Bakkila v. Bakkila , 468 N.W.2d 136 (N.D. 1991)
Interest of T.J.O. , 462 N.W.2d 631 (N.D. 1990)
Zimprich v. ND Harvestore Systems, Inc. , 461 N.W.2d 425 (N.D. 1990)
Fargo Beverage Co. v. City of Fargo , 459 N.W.2d 770 (N.D. 1990)
McDonough v. McDonough , 458 N.W.2d 344 (N.D. 1990)
Freed v. Freed , 454 N.W.2d 516 (N.D. 1990)
State v. Carson , 453 N.W.2d 485 (N.D. 1990)
Anderson v. Otis Elevator Co. , 453 N.W.2d 798 (N.D. 1990)
Pelkey v. City of Fargo , 453 N.W.2d 801 (N.D. 1990)
Gilbertson v. Gilbertson , 452 N.W.2d 79 (N.D. 1990)
State v. Wahl , 450 N.W.2d 710 (N.D. 1990)
Old Broadway Corporation v. Backes , 450 N.W.2d 734 (N.D. 1990)
Riverview Place, Inc. v. Cass Co. , 448 N.W.2d 635 (N.D. 1989)
Newman Signs, Inc. v. Backes , 449 N.W.2d 826 (N.D. 1989)
Regstad v. Steffes , 448 N.W.2d 203 (N.D. 1989)
Meyer v. McCormick, Inc. , 445 N.W.2d 21 (N.D. 1989)
Habberstad v. Habberstad , 444 N.W.2d 703 (N.D. 1989)
Mertz v. Mertz , 439 N.W.2d 94 (N.D. 1989)
Lubenow v. ND State Highway Commissioner , 438 N.W.2d 528 (N.D. 1989)
State v. Bastien , 436 N.W.2d 229 (N.D. 1989)
State ex rel Preszler v. Common Title Bond & Trust , 435 N.W.2d 693 (N.D. 1989)
Union State Bank v. Woell , 434 N.W.2d 712 (N.D. 1989)
Regstad v. Steffes , 433 N.W.2d 202 (N.D. 1988)
McKenzie v. Jahnke , 432 N.W.2d 556 (N.D. 1988)
State v. Erban , 429 N.W.2d 408 (N.D. 1988)
Herzog v. Yuill , 430 N.W.2d 63 (N.D. 1988)
PCA of Fargo v. Foss , 430 N.W.2d 63 (N.D. 1988)
State v. Welch , 426 N.W.2d 550 (N.D. 1988)
First Trust Co. of ND v. Scheels Hardware & Sports Shops, Inc. , 429 N.W.2d 5 (N.D. 1988)
Federal Land Bank of St. Paul v. Overboe , 426 N.W.2d 1 (N.D. 1988)
Bickler v. ND State Highway Commissioner , 423 N.W.2d 146 (N.D. 1988)
Nelson v. Cass County Social Services , 424 N.W.2d 371 (N.D. 1988)
Kippen v. Farm Bureau Mutual Insurance Company , 421 N.W.2d 483 (N.D. 1988)
Zimprich v. North Dakota Harvestore Systems , 419 N.W.2d 912 (N.D. 1988)
State v. Kaiser , 417 N.W.2d 376 (N.D. 1987)
Pitsenbarger v. Pitsenbarger , 417 N.W.2d 186 (N.D. 1987)
State v. Brandon , 413 N.W.2d 340 (N.D. 1987)
State v. Milligan , 413 N.W.2d 368 (N.D. 1987)
Grand Forks-Traill Water Users, Inc. v. Hjelle , 413 N.W.2d 344 (N.D. 1987)
Old Broadway Corp. v. Hjelle , 411 N.W.2d 81 (N.D. 1987)
Hamilton v. Hamilton , 410 N.W.2d 508 (N.D. 1987)
McRae v. Carbno , 404 N.W.2d 508 (N.D. 1987)
Gustofson v. Gustofson , 408 N.W.2d 742 (N.D. 1987)
Halldorson v. Gunderson , 401 N.W.2d 519 (N.D. 1987)
Herzog v. Yuill , 399 N.W.2d 287 (N.D. 1987)
Pitsenbarger v. Pitsenbarger , 398 N.W.2d 741 (N.D. 1986)
Persons v. Persons , 396 N.W.2d 744 (N.D. 1986)
McDonough v. McDonough , 395 N.W.2d 149 (N.D. 1986)
State ex rel. Workmen's Compensation Bureau v. Clary , 389 N.W.2d 347 (N.D. 1986)
General Electric Credit Corp. v. Larson , 387 N.W.2d 734 (N.D. 1986)
Andrews v. O'Hearn , 387 N.W.2d 716 (N.D. 1986)
First Trust Co. of North Dakota v. Mast , 385 N.W.2d 104 (N.D. 1986)
Olmstead v. Miller , 383 N.W.2d 817 (N.D. 1986)
Pitsenbarger v. Pitsenbarger , 382 N.W.2d 662 (N.D. 1986)
State v. Matuska , 379 N.W.2d 273 (N.D. 1985)
State v. Muralt , 376 N.W.2d 25 (N.D. 1985)
State v. Olson , 372 N.W.2d 901 (N.D. 1985)
Loberg v. Alford , 372 N.W.2d 912 (N.D. 1985)
Richard v. Fliflet , 370 N.W.2d 528 (N.D. 1985)
Batla v. North Dakota State University , 370 N.W.2d 554 (N.D. 1985)
Hedin v. Hedin , 370 N.W.2d 544 (N.D. 1985)
Stensrud v. Mayville State College , 368 N.W.2d 519 (N.D. 1985)
Heller v. Heller , 367 N.W.2d 179 (N.D. 1985)
Advanced Irrigation, Inc. v. First National Bank of Fargo , 366 N.W.2d 783 (N.D. 1985)
Phoenix Assurance Co. of Canada v. Runck , 366 N.W.2d 788 (N.D. 1985)
Cook v. Cook , 364 N.W.2d 74 (N.D. 1985)
Union State Bank v. Woell , 357 N.W.2d 234 (N.D. 1984)
Interest of J.K.S. , 356 N.W.2d 88 (N.D. 1984)
Lipp v. Lipp , 355 N.W.2d 817 (N.D. 1984)
Shark Bros., Inc. v. Peterson , 345 N.W.2d 376 (N.D. 1984)
Administration of the Larson Trust , 341 N.W.2d 627 (N.D. 1983)
State v. Kluck , 340 N.W.2d 446 (N.D. 1983)
Nissen v. City of Fargo , 338 N.W.2d 655 (N.D. 1983)
Johnson v. Northwestern Bell Telephone Co. , 338 N.W.2d 622 (N.D. 1983)
Blair v. Boulger , 336 N.W.2d 337 (N.D. 1983)
Voltz v. Dudgeon , 334 N.W.2d 204 (N.D. 1983)
State v. McMorrow , 332 N.W.2d 232 (N.D. 1983)
Minch v. City of Fargo , 332 N.W.2d 71 (N.D. 1983)
Arneson v. City of Fargo , 331 N.W.2d 30 (N.D. 1983)
Fortier v. Traynor , 330 N.W.2d 513 (N.D. 1983)
Estate of Honerud , 326 N.W.2d 95 (N.D. 1982)
Interest of J.K.S. , 321 N.W.2d 491 (N.D. 1982)
Avco Financial Services v. Schroeder , 318 N.W.2d 910 (N.D. 1982)
Newman Signs, Inc. v. Hjelle , 317 N.W.2d 810 (N.D. 1982)
Phoenix Assurance Co. of Canada v. Runck , 317 N.W.2d 402 (N.D. 1982)
Nelson v. North Dakota Workmen's Compensation Bureau , 316 N.W.2d 790 (N.D. 1982)
State v. McMorrow , 314 N.W.2d 287 (N.D. 1982)
State v. Skar , 313 N.W.2d 746 (N.D. 1981)
Ristvedt v. Nettum , 311 N.W.2d 574 (N.D. 1981)
United Pacific Insurance Co. v. Aetna Insurance Co. , 311 N.W.2d 170 (N.D. 1981)
Rothe v. S-N-Go Stores, Inc. , 308 N.W.2d 872 (N.D. 1981)
State v. Nordquist , 309 N.W.2d 109 (N.D. 1981)
Snortland v. Crawford , 306 N.W.2d 614 (N.D. 1981)
Wallwork Lease & Rental Co., Inc. v. JNJ Investments, Inc. , 303 N.W.2d 545 (N.D. 1981)
Arneson v. City of Fargo , 303 N.W.2d 515 (N.D. 1981)
Interest of B.L. , 301 N.W.2d 387 (N.D. 1981)
Finstad v. Steiger Tractor, Inc. , 301 N.W.2d 392 (N.D. 1981)
Eberhart v. Eberhart , 301 N.W.2d 137 (N.D. 1981)
Newman Signs, Inc. v. Hjelle , 300 N.W.2d 860 (N.D. 1980)
KFGO Radio, Inc. v. Rothe , 298 N.W.2d 505 (N.D. 1980)
Walsvik v. Brandel , 298 N.W.2d 375 (N.D. 1980)
Minch v. City of Fargo , 297 N.W.2d 785 (N.D. 1980)
Sanford v. Sanford , 301 N.W.2d 118 (N.D. 1980)
Minnkota Power Cooperative, Inc. v. Lake Shure Properties , 295 N.W.2d 122 (N.D. 1980)
Sanford v. Sanford , 295 N.W.2d 139 (N.D. 1980)
Svard v. Barfield , 291 N.W.2d 434 (N.D. 1980)
Fargo Education Association v. Fargo Public School District No. 1 , 291 N.W.2d 267 (N.D. 1980)
Minnkota Power Cooperative, Inc. v. Lake Shure Properties , 289 N.W.2d 230 (N.D. 1980)
Estate of Honerud , 294 N.W.2d 619 (N.D. 1980)
Estate of Honerud , 288 N.W.2d 767 (N.D. 1980)
Interest of E.B. , 287 N.W.2d 462 (N.D. 1980)
State v. Moore , 286 N.W.2d 274 (N.D. 1979)

Generated from Supreme Court Docket on 09/05/2008