New opinions: Dec. 9 Thursday, December 9, 2021
The Supreme Court has issued 11 new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
State v. Brown 2021 ND 226 Highlight: A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. |
State v. Vannett 2021 ND 225 Highlight: An officer does not seize a person under the Fourth Amendment by approaching them in a public place. |
State v. Hatcher 2021 ND 224 Highlight: A criminal judgment and an order denying a motion to withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
State v. Houkom 2021 ND 223 Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1). |
Hunter v. WSI 2021 ND 222 Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
Narloch v. Narloch, et al. 2021 ND 221 Highlight: Denial of a motion to relocate with minor children is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Lindeman 2021 ND 220 Highlight: A precise time period is not required in a criminal prosecution unless time is an essential element of an offense. |
State v. Rieger 2021 ND 219 Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. S.J.H., et al. 2021 ND 218 Highlight: A district court has broad discretion to impose sanctions for discovery abuses, including striking pleadings or entering default judgment, when there is a deliberate or bad-faith non-compliance which constitutes a flagrant abuse of or disregard for the discovery rules. |
State v. Neilan 2021 ND 217 Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State. |
Swanson v. Larson 2021 ND 0216 Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party. |