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.
5501 - 5550 of 12382 results
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Boumont v. Boumont
2005 ND 20 Highlight: The Child Support Guidelines' equal-physical-custody provision mandates the appropriate formula for calculating child support in cases where a divorce judgment or court order provides each parent with physical custody of their children exactly 50% of the time, regardless of the actual custodial arrangement subsequently exercised by the parties. |
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Johnson v. State
2005 ND 19 Highlight: Under N.D.R.Ct. 3.2(a), an applicant for post-conviction relief has 10 days to respond to a motion for summary disposition made by the State. |
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State v. Klindtworth
2005 ND 18
Highlight: A victim's alarm or fear is an element of disorderly conduct only if the defendant is charged with those parts of the statute that refer to it. |
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Christoffersen v. Giese
2005 ND 17 |
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State v. Igou
2005 ND 16
Highlight: When challenging the sufficiency of the evidence to support a criminal conviction, the defendant bears the burden of showing that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt. |
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State v. Fields
2005 ND 15
Highlight: Actual drug evidence, rather than indicia of drugs, obtained from a garbage search, is enough to support probable cause for a search warrant. |
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State v. Jackson
2005 ND 14 Highlight: The distance an officer follows a vehicle does not abrogate a legally legitimate basis for a traffic stop. |
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State v. Thill
2005 ND 13
Highlight: When the State fails to preserve evidence that is neither clearly exculpatory or inculpatory, a defendant must prove the State acted in bad faith to constitute a denial of due process. |
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City of Bismarck v. Bosch
2005 ND 12
Highlight: For a filed document or process to be a necessary part of the approved method for conducting an Intoxilyzer test, the State Toxicologist must expressly include it in the approved method and make it a part of the requirement for fair administration. |
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State v. Nelson
2005 ND 11
Highlight: The emergency exception to the warrant requirement may apply even when officers are already legitimately inside a residence when an emergency occurs. |
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Ziegler, et al. v. Dahl, et al.
2005 ND 10
Highlight: Even if a factual dispute exists, summary judgment is proper if the law is such that resolution of the factual dispute will not change the result. |
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Schmidt v. Bakke
2005 ND 9
Highlight: Waiver of an objection to the timeliness of a motion precludes the objection from being raised at a later date. |
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Johnson v. State
2005 ND 8 Highlight: Denial of application for post-conviction relief based on ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Cole v. Cole
2005 ND 7 Highlight: An order denying a motion to vacate the judgment entered in a divorce action is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Mooney (Consolidated w/ 20040181 & 20040182)
2005 ND 6 Highlight: Three criminal judgments are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Miller v. Sprynczynatyk
2005 ND 5 Highlight: A judgment affirming an administrative agency decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Pautz v. N.B., et al. (CONFIDENTIAL)
2005 ND 4 Highlight: An order finding a child unruly is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State v. Rupp
2005 ND 3 Highlight: Conviction of attempted aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Jackson-Metcalf
2005 ND 2 Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Greybull v. State
2005 ND 1 Highlight: An appeal from dismissal of a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Spectrum Care, L.L.C. v. Workforce Safety and Insurance
2004 ND 229 Highlight: Section 65-04-32, N.D.C.C., applies to an employer's challenge to the classification of its employees for purposes of establishing insurance premiums payable to Workforce Safety and Insurance, and a court's review of a decision regarding those classifications is under sections 28-32-46 and 28-32-49, N.D.C.C. |
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State v. Steen (Consolidated w/20040052)
2004 ND 228 Highlight: To prevail in a post-conviction proceeding on a claim of ineffective assistance of counsel, the petitioner must show not only that trial counsel's performance fell below an objective standard of reasonableness, but must also demonstrate prejudice by establishing a reasonable probability that, but for counsel's errors, the result of the trial would have been different. |
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Gibb v. Sepe
2004 ND 227
Highlight: A spousal support award resulting from the parties' stipulation should be modified by the trial court only upon a showing of a material change in circumstances. |
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Foster v. Foster
2004 ND 226
Highlight: A custody determination should be based on the best interests of the child and will not be overturned unless clearly erroneous. |
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Huff v. Board of Medical Examiners
2004 ND 225
Highlight: If an act is blatantly illegal or improper, or a licensee admits to a violation, a disciplinary board need not introduce expert evidence to establish the necessary standard. |
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State v. Linghor
2004 ND 224
Highlight: Probable cause to arrest an automobile passenger exists where drug paraphernalia is in plain view in the car. |
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State v. Jaster
2004 ND 223
Highlight: A current attorney-client relationship with the prosecutor is one of the exclusive causes of an implied bias that warrants dismissal of a juror. |
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State v. Bates
2004 ND 222 Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Ernst
2004 ND 221 Highlight: Denial of a motion to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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City of Mandan v. Cordova
2004 ND 220 Highlight: The district court's judgment affirming the prior municipal court decision finding indecent conduct is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Engwicht v. Lako
2004 ND 219 Highlight: The district court's interpretation of an oral contract for well-drilling services is not clearly erroneous, and the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Edwardson v. Lauer
2004 ND 218 Highlight: The clearly erroneous standard of review applies to a district court judgment changing a minor's name under the Uniform Parentage Act. |
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Bolinske v. Herd, et al.
2004 ND 217
Highlight: The unsolicited referral of an out-of-state lawyer by an in-state lawyer does not provide sufficient contacts to make the out-of-state lawyer amenable to suit in North Dakota. The mere representation of a resident client by a nonresident lawyer does not subject the nonresident lawyer to personal jurisdiction; more is required. |
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Adoption of H.R.W. (CONFIDENTIAL)
2004 ND 216
Highlight: In adoption proceedings, termination of parental rights does not require consent of a parent who has abandoned the child or has failed for at least one year, without justifiable cause, to communicate with the child or to provide for the care and support of the child. |
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Hawley v. LaRocque (Cross-Ref. w/19980029)
2004 ND 215 |
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Charles McCauley Partnership v. Tyrone Township
2004 ND 214 Highlight: Summary judgment is inappropriate where "battling affidavits," wrought with concerns over witness credibility, are presented regarding whether a township road is vacant due to a statutorily prescribed period of non-use. |
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Greywind v. State
2004 ND 213
Highlight: Informing a defendant of the prospect of receiving a harsher sentence if he were to go to trial is not coercion sufficient to render a guilty plea involuntary. |
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Sutherland v. ND Dept. of Human Services, et al.
2004 ND 212 Highlight: The Department of Human Services must follow a five-step sequential process under federal regulations for evaluating disability claims. |
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State v. Hayek
2004 ND 211
Highlight: An ineffective assistance of counsel claim is more properly pursued in a post-conviction relief proceeding. Without a properly developed record, it is difficult to determine whether an attorney's conduct is part of a legitimate trial strategy or if the representation fell below the acceptable standard of reasonableness. |
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Striefel v. Striefel
2004 ND 210
Highlight: The Ruff-Fischer guidelines apply to both property division and spousal support, which ordinarily must be considered together. |
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State v. Whitetail
2004 ND 209 Highlight: Conviction for delivery of alcoholic beverages to persons under 21 is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Packineau v. State
2004 ND 208 Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Forster v. West Dakota Veterinary Clinic, et al.
2004 ND 207
Highlight: In a defamation action, the court determines whether a communication is capable of bearing particular meaning and whether that meaning is defamatory, and the jury determines whether a communication capable of a defamatory meaning was so understood by its recipient. |
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Disciplinary Board v. Madlom
2004 ND 206 Highlight: Lawyer reprimanded and ordered to pay restitution and pay costs of disciplinary proceedings. |
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Disciplinary Board v. Peterson (Con. w/20040168&169)(Cross-ref. w/20040134)
2004 ND 205 Highlight: Lawyer disbarred. |
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Heng v. Rotech Medical Corp.
2004 ND 204
Highlight: When an employee policy manual expressly states that it does not create a contract, the employee is on notice that the manual preserves the presumption of employment at will. |
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Roberson v. Roberson
2004 ND 203
Highlight: Conflicting testimony will not be reweighed and credibility will not be reassessed on appeal. |
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Interest of E.R. (CONFIDENTIAL)
2004 ND 202 Highlight: Although incarceration, by itself, does not establish abandonment of a child for purposes of terminating parental rights, a probability of harm to the child may be established by prognostic evidence that a parent's current inability to care for the child will continue long enough to render improbable the successful assimilation of the child into a family if the parent's rights are not terminated. |
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State v. Donovan
2004 ND 201
Highlight: Suppression of evidence in a criminal case is proper when the defendant is able to show the search warrant was issued in reliance upon an affidavit containing false or misleading statements. |
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Jensen v. State (Cross-reference w/20010097 & 20020166)
2004 ND 200
Highlight: In a post-conviction proceeding, a claim is res judicata if it was fully and finally determined in a previous proceeding. |