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.
1101 - 1200 of 12418 results
Solberg v. Hennessy
2022 ND 79 |
State v. Hultberg
2022 ND 78 Highlight: A criminal judgment entered after a jury found the defendant guilty of indecent exposure is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
State v. Hultberg
2022 ND 78 |
Hoff v. State
2022 ND 77 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Hoff v. State
2022 ND 77 |
Ali v. State
2022 ND 76 Highlight: If the State moves for summary dismissal of an application for postconviction relief, the applicant must present competent admissible evidence which raises a genuine issue of material fact. |
Ali v. State
2022 ND 76 |
Schultz v. DeClusin
2022 ND 75 Highlight: An amended judgment and money judgment awarding a parent primary residential responsibility and attorney’s fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Schultz v. DeClusin
2022 ND 75 |
State v. Heywood
2022 ND 74 Highlight: A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
State v. Heywood
2022 ND 74 |
Schauer v. Peterson
2022 ND 73 |
City of Bismarck v. Goodwin
2022 ND 72
Highlight: When a defendant enters a conditional guilty plea, this Court reviews an adverse determination of a specified pretrial motion. |
City of Bismarck v. Goodwin
2022 ND 72 |
Gaede v. State
2022 ND 71 Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Gaede v. State
2022 ND 71 |
Holmes v. State
2022 ND 70 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
Holmes v. State
2022 ND 70 |
Interest of M.R. (CONFIDENTIAL)
2022 ND 68
Highlight: The Court does not render advisory opinions, and an appeal will be dismissed if the issues become moot or academic, leaving no actual controversy to be determined. |
Interest of M.R. (CONFIDENTIAL)
2022 ND 68 |
Burris v. Burris
2022 ND 67
Highlight: An order denying the elimination or modification of a spousal support obligation affects a substantial right and can be appealed to this Court. |
Burris v. Burris
2022 ND 67 |
Beck v. NDDOT
2022 ND 66
Highlight: Section 39-08-01(1)(a), N.D.C.C., provides that a person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if that person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle. |
Beck v. NDDOT
2022 ND 66 |
St. Alexius Medical Center v. Nesvig, et al.
2022 ND 65
Highlight: This Court’s power to issue supervisory writs is discretionary and is used only to rectify errors and prevent injustice where no adequate alternative remedy exists. |
St. Alexius Medical Center v. Nesvig, et al.
2022 ND 65 |
Schrodt v. Schrodt, et al.
2022 ND 64
Highlight: The district court did not abuse its discretion when it denied the request for a continuance. |
Schrodt v. Schrodt, et al.
2022 ND 64 |
Twin City Technical, et al. v. Williams Cty, et al.
2022 ND 63
Highlight: The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings, and a party cannot on a second appeal relitigate issues which were resolved by the Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. The mandate rule requires the district court to follow the appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms. |
Twin City Technical, et al. v. Williams Cty, et al.
2022 ND 63 |
Adoption of A.A.H. (CONFIDENTIAL)
2022 ND 62 Highlight: An adoption decree terminating a father’s parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Adoption of A.A.H. (CONFIDENTIAL)
2022 ND 62 |
Canerdy v. Canerdy, et al.
2022 ND 61
Highlight: A district court’s contempt decision will only be disturbed on appeal if the court abused its discretion. |
Canerdy v. Canerdy, et al.
2022 ND 61 |
Fourth v. State
2022 ND 60 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Fourth v. State
2022 ND 60 |
State v. Bazile
2022 ND 59
Highlight: In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor’s actions were misconduct, then examines whether the misconduct had a prejudicial effect. |
State v. Bazile
2022 ND 59 |
Interest of T.H. (CONFIDENTIAL) (consolidated w/20220028-20220030)
2022 ND 58 Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Interest of T.H. (CONFIDENTIAL) (consolidated w/20220028-20220030)
2022 ND 58 |
Kaspari v. Kaspari
2022 ND 57 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. |
Kaspari v. Kaspari
2022 ND 57 |
State v. Almklov (consolidated w/20210163)
2022 ND 56 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 |
State v. Schuh
2022 ND 55 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 |
Gregory v. State
2022 ND 54
Highlight: A district court order summarily dismissing a petition for post-conviction relief is reversed and remanded for further proceedings. |
Gregory v. State
2022 ND 54 |
Hagen v. North Dakota Insurance Reserve Fund
2022 ND 53
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. |
Hagen v. North Dakota Insurance Reserve Fund
2022 ND 53 |
Schmitz v. State Board of Chiropractic Examiners
2022 ND 52
Highlight: When this Court remands for the district court to review an executive session of a board in-camera, the directive for an in-camera review becomes the law of the case when challenged on appeal. |
Schmitz v. State Board of Chiropractic Examiners
2022 ND 52 |
Sproule, et al. v. Johnson, et al.
2022 ND 51
Highlight: When supervising a partnership’s dissolution, a district court has discretion to decide what is fair and equitable under the circumstances. |
Sproule, et al. v. Johnson, et al.
2022 ND 51 |
Rogers v. State
2022 ND 50 Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Rogers v. State
2022 ND 50 |
State v. Fleck
2022 ND 49
Highlight: Prosecution of a crime is authorized in any county where part of the offense occurred. |
State v. Fleck
2022 ND 49 |
Interest of R.S. (CONFIDENTIAL)
2022 ND 48 Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Interest of R.S. (CONFIDENTIAL)
2022 ND 48 |
State v. Lusby
2022 ND 47 Highlight: A criminal judgment entered after a jury found the defendant guilty of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
State v. Lusby
2022 ND 47 |
State v. McGinnis (consolidated w/20210217)
2022 ND 46
Highlight: The pre-amendment version of N.D.C.C. § 12.1-32-07(6) unambiguously restrains a district court’s authority in probation revocation cases to imposition of the sentence initially imposed, but suspended. |
State v. McGinnis (consolidated w/20210217)
2022 ND 46 |
Harty Insurance v. Holmes, et al.
2022 ND 45 Highlight: A district court’s summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38. |
Harty Insurance v. Holmes, et al.
2022 ND 45 |
State v. Gaddie
2022 ND 44
Highlight: The purpose of jury instructions is to correctly and adequately advise the jury of the applicable law. Jury instruction must not be misleading or confusing. A conviction will be reversed based on an erroneous jury instruction only if it relates to a central subject in the case and affects a defendant’s substantial rights. |
State v. Gaddie
2022 ND 44 |
Malloy, et al. v. Behrens
2022 ND 43
Highlight: An appeal is not moot when the appellant fails to request a stay on an order directing the sale of homestead property if the property was sold to a party interested in the action and the sale is not yet final. |
Malloy, et al. v. Behrens
2022 ND 43 |
Vacancy in Judgeship No. 6, ECJD
2022 ND 42 Highlight: Judgeship retained at Fargo. |
Vacancy in Judgeship No. 6, ECJD
2022 ND 42 |
Baker v. Autos, Inc., et al.
2022 ND 41
Highlight: A district court’s decision on a motion for a new trial is reviewed for abuse of discretion. |
Baker v. Autos, Inc., et al.
2022 ND 41 |
City of Jamestown v. Kastet
2022 ND 40
Highlight: A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it. |
City of Jamestown v. Kastet
2022 ND 40 |
Taylor v. Taylor
2022 ND 39
Highlight: An attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists. |
Taylor v. Taylor
2022 ND 39 |
State v. Samaniego
2022 ND 38
Highlight: The force required for gross sexual imposition is that which compels the victim to submit. |
State v. Samaniego
2022 ND 38 |
Lovett v. Lovett, et al.
2022 ND 37 Highlight: An issue is moot when the determination sought will not have any practical legal effect upon a then-existing controversy. |
Lovett v. Lovett, et al.
2022 ND 37 |
Whetsel v. State (consolidated w/20210181)
2022 ND 36 Highlight: An applicant for post-conviction relief has a statutory right to counsel in post-conviction proceedings, but an applicant may not claim he received ineffective assistance of post-conviction counsel. |
Whetsel v. State (consolidated w/20210181)
2022 ND 36 |
Pavlicek v. American Steel Systems, Inc., et al.
2022 ND 35
Highlight: Property damage caused by faulty workmanship is a covered occurrence under an insurance policy to the extent the faulty workmanship causes bodily injury or property damage to property other than the insured’s defective work product. |
Pavlicek v. American Steel Systems, Inc., et al.
2022 ND 35 |
State v. Willard
2022 ND 34
Highlight: The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures. |
State v. Willard
2022 ND 34 |
Goldade-Jose v. Jose, et al.
2022 ND 33 |
Lessard v. Johnson
2022 ND 32 |
State v. Halsey
2022 ND 31
Highlight: A district court’s admission of prior bad acts evidence without the required three-step analyis was harmless error. |
State v. Davis
2022 ND 30
Highlight: Constitutional forfeiture doctrine recognized by adopting the hearsay exception under N.D.R.Ev. 804(b)(6). |
State v. Davis
2022 ND 30 |
Orwig v. Orwig (consolidated w/20210141)
2022 ND 29
Highlight: Failure to comply with provisions of a separation or divorce decree relating to distribution of the parties’ property constitutes contempt of court. |
Orwig v. Orwig (consolidated w/20210141)
2022 ND 29 |
Krile v. Lawyer
2022 ND 28
Highlight: A motion to dismiss under N.D.R.Civ.P. 12(b)(6) is not automatically converted to a motion for summary judgment under N.D.R.Civ.P. 56 when a party submits additional materials outside the pleadings, and the court has discretion in deciding whether to exclude the additional materials. |
Krile v. Lawyer
2022 ND 28 |
Christiansen v. NDDOT
2022 ND 27
Highlight: The Administrative Agencies Practice Act governs this Court’s review of the Department of Transportation’s decision to suspend a driver’s license. |
Christiansen v. NDDOT
2022 ND 27 |
Sherman v. Guillaume, et al.
2022 ND 26 Highlight: A judgment determining primary residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |