New opinions: Jan. 6 Thursday, January 6, 2022
The Supreme Court has issued 15 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
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Wald v. Hovey, et al. 2022 ND 15 Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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Plaisimond v. State 2022 ND 14 Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Estate of Beach 2022 ND 13 Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting. |
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Armstrong v. Helms 2022 ND 12 Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms. |
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Matter of Shane Lance Yates 2022 ND 11 Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters. |
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Matter of Amy Jo Yates 2022 ND 11 |
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Brendel Construction v. WSI 2022 ND 10 Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons. |
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Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al. 2022 ND 8 Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute. |
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State v. Castleman 2022 ND 7 Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect. |
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Livingston v. WSI, et al. 2022 ND 6 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). |
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Lebeau v. State 2022 ND 5 Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Muscha v. Krolik, et al. 2022 ND 4 Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding. |
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State v. Dargbeh 2022 ND 3 Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions. |
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Gerving v. Gerving, et al. 2022 ND 2 Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation. |
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Tergesen, et al. v. Nelson Homes 2022 ND 1 Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |