New opinions: Feb. 12 Wednesday, February 12, 2020
The Supreme Court has issued 14 new opinions. Summaries of the non per curiam opinions 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: /supreme-court/opinions
Stevenson v. Biffert 2020 ND 42 Highlight: This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case. |
State v. Gratton 2020 ND 41 Highlight: Having a marital property interest in a vehicle does not prevent an individual from being prosecuted for theft of the vehicle. A district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited. |
Vetter v. Vetter 2020 ND 40 Highlight: A district court’s award of primary residential responsibility of minor child to mother after she had been convicted of child abuse was not clearly erroneous. |
Ouradnik v. N.D. Dep't of Transportation 2020 ND 39 Highlight: The district court erred by reversing the administrative hearing officer’s decision based on an issue that was not preserved for review. |
State v. Sah 2020 ND 38 Highlight: If a defendant moves for a new trial, the defendant is limited on appeal to the grounds presented to the district court in the motion. If the defendant does not preserve an issue for appeal, and does not argue obvious error this Court may decline to review the issue for obvious error. |
City of West Fargo v. Ekstrom 2020 ND 37 Highlight: A mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution. |
Carlson v. Carlson 2020 ND 36 Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. |
Reese v. Reese-Young 2020 ND 35 Highlight: The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law. |
State v. Lyon 2020 ND 34 Highlight: Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand. |
State v. Pagenkopf 2020 ND 33 Highlight: A district court has wide discretion in setting the amount of restitution, and the district court does not abuse its discretion by awarding restitution that is within the range of reasonableness. |
Hustle Proof, et al. v. Matthews, et al. 2020 ND 32 Highlight: A party seeking relief from a judgment under N.D.R.Civ.P. 60(b)(6) must factually demonstrate exceptional circumstances. |
State v. Jensen 2020 ND 31 Highlight: Under N.D.R.Ct. 3.2(a)(2), the moving party may file a reply brief within seven days after service of the answer brief. A motion is not submitted to the court for decision until all briefs are filed or the time for filing has expired. |
State v. Thomas 2020 ND 30 Highlight: A district court’s decision whether to grant a continuance will not be set aside on appeal absent an abuse of discretion. |