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.
Highlight: When spousal support is awarded, the district court is not required to provide a detailed calculation of the requesting spouse’s need for support, but the court is required to provide a discernable basis for its decision.
State v. Almklov (consolidated w/20210163)
2022 ND 56
Docket No.: 20210162
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
Highlight: Criminal judgments entered after a jury found the defendant guilty of attempted murder, aggravated assault with a dangerous weapon, two counts of providing false information to law enforcement, burglary, and theft of property are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Almklov (consolidated w/20210163)
2022 ND 56
Docket No.: 20210162
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam
State v. Schuh
2022 ND 55
Docket No.: 20210257
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Highlight: A criminal judgment entered after a jury found the defendant guilty of attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
State v. Schuh
2022 ND 55
Docket No.: 20210257
Filing Date: 3/17/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Gregory v. State
2022 ND 54
Docket No.: 20210307
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.
Highlight: A district court order summarily dismissing a petition for post-conviction relief is reversed and remanded for further proceedings.
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 post-conviction relief.
Gregory v. State
2022 ND 54
Docket No.: 20210307
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.
Hagen v. North Dakota Insurance Reserve Fund
2022 ND 53
Docket No.: 20210111
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Tufte, Jerod E.
Highlight: Courts have broad discretion when deciding whether to grant leave to amend a complaint. Amendments correcting technical deficiencies relate back to the date of the original pleading.
Agencies of political subdivisions are public entities subject to the open records law. “Agencies” refers to a relationship created by law or contract whereby one party delegates the transaction of some lawful business to another.
Except as otherwise specifically provided by law, all records of a public entity are public records. The plain meaning of “provided by law” does not operate to create additional open records exemptions arising from court rules defining privileges and discovery limitations. Rule 502, N.D.R.Ev., is an evidentiary rule applicable to court proceedings, and does not create a specific exception to the open records law. Under N.D.R.Ev. 502(d)(7), there generally is no attorney-client privilege as to a communication between a public officer or agency and its lawyers.
A public entity’s attorney work product must be made available for public disclosure following completion of litigation, unless disclosure would have an adverse fiscal effect on the conduct or settlement of other pending or reasonably predictable civil or criminal litigation or adversarial administrative proceedings, or the attorney work product reflects mental impressions, opinions, conclusions, or legal theories regarding potential liability of a public entity. If the potential for liability is entirely in the past, the record is no longer exempt. Only if the records relate to circumstances for which there remains a genuine potential for liability may the records remain exempt.
Under N.D.C.C. § 44-04-21.2(1), awarding costs and attorney’s fees is discretionary and a court’s decision will not be reversed absent an abuse of discretion.
Hagen v. North Dakota Insurance Reserve Fund
2022 ND 53
Docket No.: 20210111
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Tufte, Jerod E.
