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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

3091 - 3100 of 12382 results

Hankey v. Hankey 2015 ND 70
Docket No.: 20140350
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Whether a moving party has established a prima facie case for a modification of primary residential responsibility is a question of law reviewed under the de novo standard of review.
When determining whether a prima facie case has been established justifying a modification of residential responsibility, the district court must accept the moving party's allegations as truth, and may not weigh conflicting allegations.

Lavallie v. Lavallie 2015 ND 69
Docket No.: 20140306
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A state district court and a tribal court may have concurrent subject-matter jurisdiction to determine an obligor's child support obligation.

State v. Owens (consolidated w/20140143) 2015 ND 68
Docket No.: 20140142
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Analysis of a speedy trial claim requires balancing the length of a delay, the reason for the delay, a proper assertion of the right to a speedy trial, and actual prejudice to the accused.
In a criminal prosecution, the State must disclose information or documents that are in the State's possession, custody, or control, or that the State could have obtained through reasonable diligence if the prosecution intends to use the items in its case-in-chief, or the item is material to preparing a defense.
A prosecutor may question a defendant's credibility during final argument to a jury by arguing the defendant's presence during trial allowed the defendant to listen to the other witnesses' testimony before testifying.

Holkesvig v. Rost, et al. 2015 ND 67
Docket No.: 20140399
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A continued and clear pattern of bringing frivolous and repetitious litigation may result in a requirement of prior approval for commencing further actions.

State v. Steen 2015 ND 66
Docket No.: 20140160
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Even if there was a pretrial motion, failure to object at trial waives the claim of error unless it amounts to an obvious error affecting the substantial rights of the defendant.
A trial court does not err in admitting photographic evidence of a murder victim if the photos are evidence showing concealment and decay of the body under a charge of hindering law enforcement.

Eggers v. Eggers 2015 ND 65
Docket No.: 20140165
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A parent with primary residential responsibility does not need court approval to change the primary residence of the child to another state when the other parent has moved outside the state and lives more than fifty miles from the residence of the parent with primary residential responsibility. The parent need not change legal residence for waiver of a court order, only move outside the state.

State v. Barnes 2015 ND 64
Docket No.: 20140159
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A voluntary guilty plea waives all non-jurisdictional defects alleged to have occurred prior to the guilty plea, including alleged violations of constitutional rights.

Rencountre v. State (cross-ref. w/20110157) 2015 ND 62
Docket No.: 20140197
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Proof of ineffective assistance of counsel based on an attorney's failure to file a pretrial suppression motion requires the defendant prove he would have prevailed on his motion to suppress and that there is a reasonable probability a successful motion would have affected the outcome of the trial.
Proof of ineffective assistance of counsel based on an attorney's failure to request a second mental health examination requires the defendant show that a second evaluation would have benefited him or that the result of the proceedings would have been different if he had received another evaluation.
A party cannot complain about legal errors which are to their benefit, rather than to their prejudice.

State v. Berg (consolidated w/ 20140176) 2015 ND 61
Docket No.: 20140175
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A party who voluntarily pleads guilty, knowingly waives a previously raised factual dispute regarding the statute of limitations.

Irwin, et al. v. City of Minot 2015 ND 60
Docket No.: 20140217
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A police power taking of property by a public entity in a sudden emergency requires the entity show there was an actual necessity to take the property to prevent the imminent peril.

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