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.
1171 - 1180 of 12235 results
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Decker v. WSI
2021 ND 117 Highlight: Statutory requirements for filing an appeal from an administrative agency decision are jurisdictional, and the appellant must satisfy the statutory requirements for the district court to acquire subject matter jurisdiction over the appeal. |
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State v. Van Der Heever
2021 ND 116
Highlight: Information from a tip may provide the factual basis for an investigative stop. In evaluating whether the factual basis for a stop meets the legal standard of reasonable and articulable suspicion, we consider the totality of the circumstances. |
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Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124)
2021 ND 115 |
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Thompson v. State
2021 ND 114 Highlight: A district court’s dismissal of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133)
2021 ND 113 |
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Atkins v. State
2021 ND 112 Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings. |
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State v. Gedrose
2021 ND 111
Highlight: A statute enjoys a presumption of constitutionality unless it is clearly shown that it contravenes the state or federal constitution. |
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Abdi v. State
2021 ND 110 Highlight: An application for post-conviction relief alleging constitutionally ineffective assistance of counsel under Padilla v. Kentucky was properly denied where the applicant failed to meet his burden to show he pleaded guilty to an offense mandating his removal and he was advised he may be deported. An applicant who argues they did not knowingly, intelligently, or voluntarily, enter their plea alleging they received ineffective assistance of counsel cannot establish a manifest injustice will result if they cannot withdraw their plea where they did not establish they received ineffective assistance of counsel. |
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State v. Schweitzer
2021 ND 109
Highlight: To claim a violation of his or her due process rights, a defendant must show the State acted in bad faith when it failed to preserve evidence. |
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Johnshoy v. Johnshoy
2021 ND 108
Highlight: A prima facie case consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. A “material change” is an important new fact that was unknown at the time of the prior custody decision. To establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility. |