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.
1021 - 1030 of 12418 results
Larson v. WSI
2022 ND 118
Docket No.: 20210333
Filing Date: 6/8/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald
Gonzalez v. State
2022 ND 117
Docket No.: 20210289
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald
Highlight: Post-judgment motions following a judgment denying post-conviction relief will be treated as another application for post-conviction relief.
District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A proposed pre-filing order designating a person as a vexatious litigant is not appealable.
Gonzalez v. State
2022 ND 117
Docket No.: 20210289
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald
Wickham v. State
2022 ND 116
Docket No.: 20210313
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Highlight: A comment on a defendant’s post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution.
In considering whether counsel’s failure to object to a Doyle violation establishes a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different in the postconviction relief context, the district court must consider the factors outlined in State v. Wilder, 2018 ND 93, ¶ 9, 909 N.W.2d 684. They include: (1) the use to which the prosecution puts the post arrest silence; (2) who elected to pursue the line of questioning; (3) the quantum of other evidence indicative of guilt; (4) the intensity and frequency of the reference; and (5) the availability to the trial judge of an opportunity to grant a motion for mistrial or to give curative instructions.
A witness’s isolated reference to a defendant’s invocation of his right to counsel, without further elaboration or further mention by the State at any other time during the trial or in closing arguments, does not warrant a new trial for the defendant.
Wickham v. State
2022 ND 116
Docket No.: 20210313
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Schaff v. State
2022 ND 115
Docket No.: 20210337
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Schaff v. State
2022 ND 115
Docket No.: 20210337
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Atkins v. State
2022 ND 114
Docket No.: 20220006
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An order denying an application for postconviction relief and a pre-filing order under N.D. Sup. Ct. Admin. R. 58 concluding the applicant is a vexatious litigant are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
Atkins v. State
2022 ND 114
Docket No.: 20220006
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Schmitz v. State Board of Chiropractic Examiners
2022 ND 113
Docket No.: 20210135
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Jensen, Jon J.
Highlight: A formal, evidentiary hearing is required whenever an administrative agency acts in a quasi-judicial capacity unless the parties either agree otherwise or there is no dispute of a material fact.
A summary judgment is inappropriate if a fact-finder must draw inferences and make findings on disputed facts to support its decision.
Even when facts are undisputed, a summary judgment may not be granted if reasonable differences of opinion exist as to the inferences to be drawn from those facts.
