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.
5201 - 5250 of 12418 results
Johnson v. Sprynczynatyk
2006 ND 137 Highlight: Traveling at a slower than usual speed, with no further evidence of illegal activity, does not alone create a reasonable and articulable suspicion justifying a traffic stop. |
Kenmare Education Assn. v. Kenmare Public School Dist. #28
2006 ND 136
Highlight: A school district must negotiate in good faith with the representative organization before last-offer contracts are made. |
State v. Gresz
2006 ND 135 Highlight: In the absence of physical action upon another person, the failure to include a self-defense jury instruction on a charge of disorderly conduct is not obvious error. |
State v. Blue
2006 ND 134
Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant. |
Ulsaker v. White
2006 ND 133
Highlight: All assets regardless of source, whether separately obtained or inherited property, are to be considered part of the marital estate. |
Interest of N.B. (CONFIDENTIAL)
2006 ND 132 Highlight: Juvenile court order declaring child delinquent is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Jelleberg
2006 ND 131 Highlight: Conviction for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
Interest of K.G. (Confidential)
2006 ND 130 Highlight: Order for continuing mental health treatment summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Rutherford
2006 ND 129 Highlight: A criminal judgment entered after a jury convicted the defendant of burglary and assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
City of Fargo v. Curtis
2006 ND 128 Highlight: A criminal judgment entered after a jury convicted the defendant of driving under the influence of alcohol and operating a motor vehicle without liability insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Ballensky v. Flattum-Riemers, et al.
2006 ND 127
Highlight: A defendant's demand to file a complaint is personal to the demanding defendant, and a plaintiff's failure to file the complaint after a demand does not void the service of the summons as to other defendants. |
Interest of E.G., et al. (CONFIDENTIAL) (Consolidated w/20050448)
2006 ND 126
Highlight: To terminate parental rights, the petitioner must prove three elements by clear and convincing evidence: (1) the child is a deprived child, (2) the conditions and causes of the deprivation are likely to continue or will not be remedied, and (3) that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm. |
State v. Manning
2006 ND 125
Highlight: Relevant evidence is evidence having a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. |
Tarnavsky v. Tarnavsky, et al.
2006 ND 124 Highlight: A case is remanded to the district court with directions to vacate an order confirming a sheriff's sale when the appellee concedes on appeal that errors occurred in the sheriff's sale and consents to vacation of the order confirming the sale. |
Porter v. Porter
2006 ND 123 Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out of state with a child. |
Johnson v. State
2006 ND 122
Highlight: The affirmative defense of laches is proper in post-conviction proceedings. |
University Hotel Development v. Dusterhoft Oil, Inc., et al.
2006 ND 121 Highlight: Before promissory estoppel may be invoked to enforce an agreement or to award damages, the terms of the promise must be clear, definite, and unambiguous. |
Kostelecky v. Kostelecky
2006 ND 120
Highlight: Property division and spousal support are interrelated and intertwined and often must be considered together. In making a spousal support determination, the district court must consider the relevant factors under the Ruff-Fischer guidelines. |
Roth v. Hoffer
2006 ND 119
Highlight: A district court may correct clerical errors after an appellate court has decided an appeal if the correction is the type envisioned by N.D.R.Civ.P. 60(a) and the appellate court has not ruled explicitly or implicitly on the issue that is the subject of the correction. |
American Crystal Sugar Co. v. Traill Co. Board of Commissioners
2006 ND 118
Highlight: A board of county commissioners is not required to follow formal rules of judicial procedure in tax abatement proceedings. |
Haugen v. BioLife Plasma Services, et al.
2006 ND 117
Highlight: The doctrine of res ipsa loquitur allows a fact finder to infer negligence if the plaintiff can establish three foundational elements: (1) the accident was one that does not ordinarily occur in the absence of negligence; (2) the instrumentality or agent that caused the plaintiff's injury was in the exclusive control of the defendant; and (3) there was no voluntary action or contribution on the part of the plaintiff. |
City of Grand Forks v. Hendon/DDRC/BP, et al.
2006 ND 116 Highlight: The amount of damages in a condemnation action will be upheld on appeal if it is within the range of the evidence presented to the trier of fact. |
Wheeler v. Schuetzle
2006 ND 115
Highlight: The Supreme Court's original jurisdiction will not be exercised to vindicate private rights, regardless of their importance. |
Gust v. State
2006 ND 114
Highlight: A defendant has the burden to show he is entitled to additional credit for time served in custody. |
State v. Frederick
2006 ND 113 Highlight: Convictions of manufacture of a controlled substance, possession of drug paraphernalia, and abuse or neglect of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Kunze v. State (Consol. w/20050377-20050379) (Cross-ref. w/990163-990166)
2006 ND 112 Highlight: District court's summary denial of a motion for an evidentiary hearing on post-conviction relief and denial of a motion to vacate criminal judgments is affirmed under N.D.R.App.P. 35.1(a)(2) and (6). |
Carpenter v. Rohrer, et al.
2006 ND 111
Highlight: An appellant must provide a transcript sufficient to allow a meaningful and intelligent review of the alleged errors and assumes the consequences for the failure to file a complete transcript. |
Bank Center First, Bismarck, ND v. R.C. Transport LLC, et al.
2006 ND 110
Highlight: Filing a money judgment in a county where the judgment debtor has an interest in real property is a lien on the judgment debtor's interest in the real property. |
Landers, et al. v. Biwer, et al.
2006 ND 109
Highlight: Specific performance cannot be enforced against a party to a contract if specific performance is not just and reasonable to that party or if the party's assent was obtained by misrepresentation. |
City of Bismarck v. Mariner Construction, Inc., et al.
2006 ND 108
Highlight: The interpretation of a written contract to determine its legal effect is a question of law, and a court must initially determine if the contract is ambiguous. |
Disciplinary Board v. Chinquist
2006 ND 107
Highlight: Lawyer suspended from practice of law for six months and one day and ordered to pay costs and expenses of proceeding for violating N.D.R. Prof. Conduct 1.5(a) and (b), 1.7(a), 1.8(a), and 1.15(a) and (f). |
Roth v. State
2006 ND 106 Highlight: Claiming ineffective assistance of trial and appellate counsel for the first time in the first post-conviction relief application is not misuse of process. |
Disciplinary Board v. Hellerud
2006 ND 105
Highlight: Charging an unreasonable fee can subject an attorney to discipline. |
Interest of C.S.
2006 ND 104
Highlight: A respondent in an involuntary commitment proceeding has a due process right to counsel. |
Interest of K.L. (Confidential)
2006 ND 103
Highlight: Mentally ill persons who require treatment are entitled to the least restrictive treatment that will meet their treatment needs. |
State v. Grager (Consolidated w/20050281-20050292)
2006 ND 102
Highlight: A prosecutor does not have the right to appeal an order dismissing a case when the proseuctor requested the dismissal. |
Lausen v. Hertz
2006 ND 101
Highlight: A court may, without an evidentiary hearing, deny a motion seeking modification of custody, unless the court finds the moving party has established a prima facie case justifying modification. |
State v. Haibeck (Cross-Ref. w/20040060)
2006 ND 100
Highlight: Unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. |
Ziesch v. Workforce Safety & Insurance, et al.
2006 ND 99
Highlight: Workforce Safety and Insurance's practice of awarding lump sum disability benefits for a closed, limited time and simultaneously issuing a retroactive notice of intention to discontinue benefits does not violate due process if the claimant was not receiving ongoing disability benefits at the time of WSI's decision. |
State v. Pace
2006 ND 98
Highlight: A driving-under-the-influence arrestee being asked to submit to a chemical test is, upon request, entitled to a reasonable opportunity to contact a lawyer before deciding whether to take the test. |
Knutson, et al. v. City of Fargo
2006 ND 97
Highlight: Under the North Dakota Constitution, inverse condemnation requires a public entity's taking or damaging an owner's property by some deliberate act, whether done intentionally, negligently, or innocently. |
Interest of J.M. (CONFIDENTIAL)
2006 ND 96
Highlight: In a proceeding for commitment as a sexually dangerous person, the evidence must clearly show a respondent's disorder is likely to manifest itself in a serious difficulty in controlling sexually predatory behavior. |
State v. Wheeler (Cons. w/20050258 & 20050259)
2006 ND 95
Highlight: Convictions of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the delinquency of a minor are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3). |
State v. Ruud
2006 ND 94 Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Clifford v. Redmann
2006 ND 93
Highlight: Order denying petition for writ of habeas corpus is dismissed as an unappealable order. |
Kaiser v. State (Cross-reference w/20040135)
2006 ND 92 Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
City of Minot v. Hellebust
2006 ND 91 Highlight: A criminal judgment after conviction by a jury of driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
City of Lisbon v. Dahl
2006 ND 90 Highlight: A criminal judgment for driving under the influence of liquor or drugs is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
Judicial Vacancy in Judgeship No. 4, Southwest Judicial District
2006 ND 89 |
Judicial Vacancy in Judgeship No. 5, Southeast Judicial District
2006 ND 88 Highlight: Southeast District judgeship retained at Ellendale. |