Opinions
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.
1 - 50 of 12250 results
|
Davis v. State
2026 ND 42 Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8). |
|
State v. Eggleston
2026 ND 41 Highlight: A criminal judgment entered after a jury convicted the defendant of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
|
Haskell v. Grand Forks Public Schools
2026 ND 40
Highlight: An attorney at a public meeting explaining the legal position of a governing body did not waive the governing body's ability to enter an executive session. |
|
State v. Reese
2026 ND 39 Highlight: Under N.D.C.C. § 12.1-32-02.1(1)(a), a term of imprisonment must be imposed when, in the course of committing an offense, the offender threatens another with imminent bodily injury using, or through the use or means of, a firearm. |
|
State v. Landen
2026 ND 38 Highlight: A criminal judgment for a terrorizing conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Interest of D.G.
2026 ND 37
Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved. |
|
Interest of D.G.
2026 ND 37
Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved. |
|
Vetter v. Vetter, et al.
2026 ND 36
Highlight: Arguments that are not adequately articulated, supported, and briefed on appeal are not considered and are deemed waived. |
|
State v. Maher
2026 ND 35
Highlight: This Court will only vacate a district court's sentencing decision if the court acted outside statutorily prescribed limits or substantially relied on an impermissible factor. |
|
City of Dickinson v. Helgeson
2026 ND 34
Highlight: The failure to display a license plate under Dickinson Municipal Code § 58-705 constituted a noncriminal violation. |
|
Rent Daddy's v. Gamel, et al.
2026 ND 33 Highlight: The district court's eviction judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7) and (8). |
|
Interest of S.M.
2026 ND 32 Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Rousseau v. Armstrong, et al.
2026 ND 31 Highlight: A party does not have a right to appeal if there is no final judgment or order under N.D.C.C. § 28-27-01. A dismissal for lack of personal jurisdiction is presumed to be without prejudice. |
|
State v. Eggleston
2026 ND 30 Highlight: To establish a due process violation based on pre-indictment delay, a defendant must demonstrate actual prejudice. Similarly, to establish a due process violation based upon the State's failure to preserve evidence, a defendant must demonstrate actual prejudice. When the State fails to preserve evidence that was at one point in the State's possession, a defendant must also present evidence of bad faith, meaning the State deliberately destroyed evidence with the intent to deprive the defense of information. Mere speculation that unpreserved evidence might have been exculpatory is not enough to show actual prejudice. |
|
Kingstone v. Tedrow Kingstone
2026 ND 29
Highlight: A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination. |
|
Interest of J.C.
2026 ND 28 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Interest of S.C.Y.
2026 ND 28 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Interest of M.M.
2026 ND 27 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Fargo Maple View v. Lofthus, et al.
2026 ND 26 Highlight: A district court's order denying a motion to change venue is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Garaas, et al. v. NDIC, et al.
2026 ND 25
Highlight: NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit. |
|
Holzworth v. Ortega Rivera, et al.
2026 ND 24 Highlight: A district court judgment awarding joint and equal residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
State v. Haskins
2026 ND 23
Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy. |
|
State v. Torres-Sosa
2026 ND 22 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8). |
|
Adoption of M.L.P.
2026 ND 21 Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) |
|
Hughes v. Waters
2026 ND 20 Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d). |
|
UND v. Whelan, et al.
2026 ND 19
Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim. |
|
Disciplinary Board v. Spencer
2026 ND 18 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Spencer
2026 ND 18 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Spencer
2026 ND 18 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Spencer
2026 ND 18 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Spencer
2026 ND 17 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Spencer
2026 ND 17 Highlight: Lawyer disbarred. |
|
Sanderson v. Cole
2026 ND 16
Highlight: Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court. |
|
Johnson v. State
2026 ND 15 Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Williamson v. State
2026 ND 14 Highlight: A district court judgment denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
|
State v. Luetzen
2026 ND 13
Highlight: Individuals who have been convicted of certain felony offenses are prohibited from owning a firearm or having one in possession. Under N.D.C.C. § 62.1-01-01(11), to obtain a conviction based on constructive possession, the State must prove the person had the power and intention to exercise control. Actual possession, on the other hand, may be proven by establishing direct physical control. The offense is no longer exclusively a strict liability offense, but it also does not always require proof of intent. |
|
State v. Lais
2026 ND 12 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
|
State v. Golberg
2026 ND 11 Highlight: The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. The location of a home's threshold is not always clear. Police may not enter a private enclosed entrance when there is a more direct alternative access designated for public use. An enclosed area may sometimes be the most direct access to a home's threshold and designated for public use. |
|
Cull v. Cull
2026 ND 10
Highlight: The use of extended family members for childcare does not amount to a material change in circumstances unless it can be shown the arrangement has a detrimental effect on the children. |
|
State v. Vasquez
2026 ND 9
Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney, and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional. |
|
State v. Olson
2026 ND 8
Highlight: Appellate briefs must include references to the record and must cite to the record showing that issues were preserved for review. This Court will not consider arguments that are not adequately articulated, supported, and briefed, and will not engage in unassisted searches of the record for evidence to support a party's position. |
|
State v. Krall
2026 ND 7
Highlight: In an appeal challenging the sufficiency of the evidence, we look only to the evidence and reasonable inferences most favorable to the verdict to ascertain if there is substantial evidence to warrant the conviction. |
|
Ziemann v. Grosz
2026 ND 6
Highlight: The mandate rule, a more specific application of law of the case, requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms. |
|
Gum v. Muddy Boyz Drywall
2026 ND 5 Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification. |
|
Weigel, et al. v. Albertson
2026 ND 4
Highlight: An order from a district court granting a motion to disqualify an attorney is not appealable under N.D.C.C. § 28-27-02(3) or the collateral order doctrine. |
|
Rangel v. State
2026 ND 3 Highlight: An order granting a motion for summary disposition of postconviction relief applications is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
|
State v. Mogren
2026 ND 2
Highlight: When a container has been previously opened by a government agent under lawful authority, and there is no substantial likelihood its contents have changed, a warrantless search of that container by law enforcement does not violate the |
|
Pederson v. State
2026 ND 1
Highlight: Ineffective assistance of counsel claims ordinarily are unsuited for summary disposition and denial without an evidentiary hearing. |
|
State v. Lawrence
2025 ND 237 Highlight: A district court order denying a petition to return forfeited bail is affirmed. |
|
White Bird v. State
2025 ND 236 Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |