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.
1001 - 1100 of 12137 results
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Simmons v. Cudd Pressure Control, et al.
2022 ND 20 |
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Anderson v. Pedie, et al.
2022 ND 19 |
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State v. Bolinske, Sr.
2022 ND 18 |
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Fischer v. Hoyt
2022 ND 17 |
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Pomarleau v. Pomarleau, et al.
2022 ND 16
Highlight: A district court may consider whether an obligor made a voluntary change in employment, and if they find the obligor did, the district court has the discretion to base the obligor’s child support income based on the previous, higher income. |
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Wald v. Hovey, et al.
2022 ND 15 |
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Plaisimond v. State
2022 ND 14 |
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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 |
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Matter of Shane Lance Yates
2022 ND 11 |
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Matter of Amy Jo Yates
2022 ND 11 |
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Brendel Construction v. WSI
2022 ND 10 |
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State v. Mayland
2022 ND 9 |
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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 |
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Lebeau v. State
2022 ND 5 |
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Muscha v. Krolik, et al.
2022 ND 4 |
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State v. Dargbeh
2022 ND 3 |
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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 |
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Matter of Knoke
2021 ND 240
Highlight: The district court’s probable cause determination in a civil commitment case becomes moot once the commitment hearing is held. |
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State v. Carrillo
2021 ND 239 |
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Estate of Smith
2021 ND 238 |
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Taszarek, et al. v. Lakeview Excavating, et al.
2021 ND 237
Highlight: When the Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue based on the evidence already before it or may take additional evidence. |
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Cavare v. Kjelgren
2021 ND 236
Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable. |
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State v. Roberts
2021 ND 235 |
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Heggem v. Heggem
2021 ND 234 |
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Hehr v. Hehr
2021 ND 233 |
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Bridges v. State (consolidated w/20210119)
2021 ND 232 |
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Visser v. Visser, et al.
2021 ND 231 |
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State v. Olsen
2021 ND 230 |
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Motisi v. Hebron Public School District
2021 ND 229 |
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American Federal Bank v. Grommesh, et al.
2021 ND 228
Highlight: When summary judgments are reviewed, the evidence is viewed in the light most favorable to the opposing party, giving that party the benefit of all favorable inference which can reasonably be drawn from the record. |
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Vacancy in Judgeship No. 4, ECJD
2021 ND 227 |
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State v. Brown
2021 ND 226 |
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State v. Vannett
2021 ND 225 |
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State v. Hatcher
2021 ND 224 |
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State v. Houkom
2021 ND 223 Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1). |
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Hunter v. WSI
2021 ND 222 |
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Narloch v. Narloch, et al.
2021 ND 221 |
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State v. Lindeman
2021 ND 220 |
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State v. Rieger
2021 ND 219 Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. S.J.H., et al. (Confidential)
2021 ND 218 |
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State v. Neilan
2021 ND 217
Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State. |
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DCI Credit Services v. Plemper
2021 ND 215 |
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Wades Welding v. Tioga Properties
2021 ND 214 |
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Boldt v. Boldt
2021 ND 213
Highlight: When determining primary residential responsibility of a minor child, the district court must consider the best interest factors and make findings with sufficient specificity to show the factual basis for its decision. |
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State v. McCreary
2021 ND 212
Highlight: A flashlight may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6). |
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Interest of C.E. (CONFIDENTIAL)
2021 ND 211 |
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Iakel-Garcia v. Anderson
2021 ND 210
Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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Muchow v. Kohler, et al.
2021 ND 209
Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights. |
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Quamme v. Quamme
2021 ND 208
Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10). |
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Guardianship and Conservatorship of T.G.P.C.
2021 ND 207 |
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Chase v. State
2021 ND 206 Highlight: A motion for summary disposition of an application for postconviction relief under N.D.C.C. § 29-32.1-09(3) must be made consistent with our rules for motion practice. A district court may not order summary disposition in response to a request in a pleading, including the State’s answer to an application for postconviction relief. |
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Interest of A.D. (CONFIDENTIAL)
2021 ND 205
Highlight: Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge. |
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Craig v. State
2021 ND 204 Highlight: In a postconviction relief proceeding, claims that were raised or could have been raised in an earlier postconviction relief proceeding are barred by the doctrine of res judicata. |
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Matter of Michael J. Tharaldson Trust
2021 ND 203 |
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Interest of J.M. (CONFIDENTIAL) (consolidated w/20210269-20210272)
2021 ND 202 |
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Interest of L.L.D.R. (CONFIDENTIAL)
2021 ND 201 |
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State v. Nupdal
2021 ND 200 Highlight: A scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine. |
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Estate of Behle
2021 ND 199
Highlight: A defect in the application for probate of a will does not render the probate void. |
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State v. Brewer
2021 ND 198
Highlight: The defendant has the burden to show he is entitled to additional credit for time served in custody. |
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Interest of S.A. (CONFIDENTIAL) (consolidated w/20210062)
2021 ND 197 Highlight: A juvenile court order finding two children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Guardianship of M.H.
2021 ND 196
Highlight: This Court reviews the district court’s decision to uphold contact restrictions placed by a ward’s guardian under the clearly erroneous standard of review. |
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Kremer v. State
2021 ND 195 |
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State v. Suelzle
2021 ND 194
Highlight: A driver weaving within their lane in traffic can rise to reasonable and articulable suspicion to justify a traffic stop. |
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State v. Jensen
2021 ND 193 Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Kukert
2021 ND 192
Highlight: Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances. |
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Dunford v. Tryhus, et al.
2021 ND 191 |
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Behle v. Harr
2021 ND 190
Highlight: Litigants may not contradict themselves to manufacture factual disputes for purposes of avoiding summary judgment. |
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Interest of A.S.F. (CONFIDENTIAL)
2021 ND 189 |
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Matter of Reciprocal Discipline of Ruffenach
2021 ND 188 |
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State v. Woodruff
2021 ND 187 Highlight: Criminal judgment entered after a jury found the defendant guilty of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Slappy v. Slappy, et al.
2021 ND 186
Highlight: To modify primary residential responsibility after two years, the moving party must meet the requirements of the statutory framework, including that there has been a material change in circumstances of the child or the parties, and that modification is necessary for the best interests of the child. |
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State v. Deleon
2021 ND 185 Highlight: The evidence was sufficient to support the defendant’s conviction of possession of certain materials prohibited. |
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Interest of K.H. (CONFIDENTIAL) (consolidated w/20210246 & 20210247)
2021 ND 184 |
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Kerzmann v. Kerzmann
2021 ND 183
Highlight: To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6). |
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Wheeler v. State (consolidated with 20210168 & 20210169)
2021 ND 182 |
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Estate of Nelson
2021 ND 181 Highlight: District court orders denying motions for relief under N.D.R.Civ.P. 60(b)(6) are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4), and double costs and attorney fees are awarded under N.D.R.App.P. 38. |
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State v. Reddog
2021 ND 180 Highlight: Criminal conviction for robbery with a firearm, destructive device, or other dangerous weapon and conspiracy to commit felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Urrabazo
2021 ND 179 |
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Interest of D.H.H. (CONFIDENTIAL)
2021 ND 178 |
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Brickle-Hicks v. State
2021 ND 177 Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Clemens
2021 ND 176 |
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State v. Marsolek
2021 ND 175 Highlight: A traffic stop has not been unlawfully prolonged if the officer has reasonable suspicion to believe further criminal activity is afoot. |
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State v. Demerais
2021 ND 174
Highlight: Criminal conviction for aggravated assault summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Thomas v. State
2021 ND 173
Highlight: Expert testimony is admissible whenever specialized knowledge will assist the trier of fact. |
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City of Jamestown v. Nygaard
2021 ND 172
Highlight: “When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” N.D.C.C. § 1-02-05. |
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Continental Resources v. Armstrong, et al.
2021 ND 171
Highlight: An argument is without merit if the party does not provide supportive reasoning or citations to relevant authorities. |
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RTS Shearing v. BNI Coal
2021 ND 170
Highlight: Parties to a contract may incorporate contractual terms by reference to a separate, noncontemporaneous document, including a separate agreement to which they are not parties, and including a separate document which is unsigned. |
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Galvanizers, et al. v. Kautzman, et al.
2021 ND 169
Highlight: The district court must make sufficient findings of fact and conclusions of law after a bench trial to allow review of its decision on appeal. |
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Carpenter v. State
2021 ND 168 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Sims v. Sims
2021 ND 167 Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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WSI v. Badger Roustabouts
2021 ND 166
Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. |
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Fleck v. State
2021 ND 165 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Muscha
2021 ND 164
Highlight: A district court must specify facts on which its conclusions are based that a sexually dangerous individual continues to have serious difficulty controlling his behavior. Both past conduct and present conduct are relevant to determine whether an individual continues to have serious difficulty controlling his behavior. The conduct need not be sexual in nature. |
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 163 |
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Manning v. Jaeger, et al.
2021 ND 162
Highlight: To intervene as a matter of right, a person must establish on timely motion that 1) the person has a cognizable interest in the subject matter of the litigation, 2) the interest may be impaired as a result of the litigation, and 3) the interest is not adequately represented by an existing party to the litigation. |
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State v. Johnson
2021 ND 161
Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor. |