New opinions: Feb. 27 Friday, February 28, 2020
The Supreme Court has issued 10 new opinions. Summaries of the 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
State v. Mohammed 2020 ND 52 Highlight: Sufficient evidence supports the criminal judgment finding the defendant guilty of gross sexual imposition. Therefore, the district court did not abuse its discretion when it denied the defendant’s motion for acquittal. |
State v. Ovind 2020 ND 51 Highlight: Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency. |
State v. Marcum 2020 ND 50 Highlight: Exclusion of evidence is not the proper remedy when law enforcement acts in good faith upon objectively reasonable reliance that a warrant was properly issued. |
Rieger v. Ackerman, et al. 2020 ND 49 Highlight: District courts have broad discretion in partition actions to do equity and make a fair division of the property or proceeds between the parties and have wide flexibility in ordering proper relief for the parties. |
State v. McAllister 2020 ND 48 Highlight: The district court did not err when it limited cross-examination of a victim regarding the victim’s interest in obtaining restitution. |
Northwest Grading, Inc. v. North Star Water, LLC, et al. 2020 ND 47 Highlight: Rule 37(b)(2)(A)(ii), N.D.R.Civ.P., permits a district court to sanction a party in violation of a discovery order by prohibiting the disobedient party from supporting or opposing a claim or defense with evidence not disclosed under the discovery order. |
Smithberg v. Jacobson, et al. 2020 ND 46 Highlight: When an appellate court remands a case for a trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law. |
Interest of G.L.D. 2020 ND 45 Highlight: A district court order denying a petition for discharge from commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Interest of E.K. 2020 ND 44 Highlight: A district court treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Benson 2020 ND 43 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |