Search Tips

New opinions: Jan. 20 Friday, January 20, 2023

The Supreme Court has issued three 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:

State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Rademacher 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Author: Crothers, Daniel John

Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections.

To request the amendment of a rule, a petitioner must file properly under N.D.R.Proc.R. § 3.1.

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Author: VandeWalle, Gerald W.

Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence.

The inevitable discovery doctrine applies only when the police have not acted in bad faith to accelerate the discovery of evidence and the prosecution proves the evidence would have been found without the unlawful activity.