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 12358 results
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Interest of R.S. (CONFIDENTIAL)
2022 ND 48 |
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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). |
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State v. Lusby
2022 ND 47 |
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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. |
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State v. McGinnis (consolidated w/20210217)
2022 ND 46 |
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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. |
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Harty Insurance v. Holmes, et al.
2022 ND 45 |
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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. |
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State v. Gaddie
2022 ND 44 |
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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. |
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Malloy, et al. v. Behrens
2022 ND 43 |
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Vacancy in Judgeship No. 6, ECJD
2022 ND 42 Highlight: Judgeship retained at Fargo. |
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Vacancy in Judgeship No. 6, ECJD
2022 ND 42 |
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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. |
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Baker v. Autos, Inc., et al.
2022 ND 41 |
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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. |
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City of Jamestown v. Kastet
2022 ND 40 |
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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. |
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Taylor v. Taylor
2022 ND 39 |
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State v. Samaniego
2022 ND 38
Highlight: The force required for gross sexual imposition is that which compels the victim to submit. |
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State v. Samaniego
2022 ND 38 |
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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. |
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Lovett v. Lovett, et al.
2022 ND 37 |
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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. |
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Whetsel v. State (consolidated w/20210181)
2022 ND 36 |
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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. |
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Pavlicek v. American Steel Systems, Inc., et al.
2022 ND 35 |
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State v. Willard
2022 ND 34
Highlight: The Fourth Amendment of the United States Constitution prohibits unreasonable searches and seizures. |
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State v. Willard
2022 ND 34 |
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Goldade-Jose v. Jose, et al.
2022 ND 33 |
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Lessard v. Johnson
2022 ND 32 |
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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. |
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State v. Davis
2022 ND 30
Highlight: Constitutional forfeiture doctrine recognized by adopting the hearsay exception under N.D.R.Ev. 804(b)(6). |
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State v. Davis
2022 ND 30 |
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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. |
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Orwig v. Orwig (consolidated w/20210141)
2022 ND 29 |
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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. |
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Krile v. Lawyer
2022 ND 28 |
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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. |
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Christiansen v. NDDOT
2022 ND 27 |
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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). |
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Sherman v. Guillaume, et al.
2022 ND 26 |
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State v. Clairmont
2022 ND 25 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 (7). |
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State v. Clairmont
2022 ND 25 |
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Divide County v. Stateline Service, et al. (consolidated w/20210017)
2022 ND 24 Highlight: A road restriction is not published for purposes of N.D.C.C. § 39-12-03(2)(a) unless the information is available in the typical location where a user seeking such information would expect to find it. |
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Bubel v. Bubel
2022 ND 23 |
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Friesz v. State
2022 ND 22
Highlight: An applicant has the burden to support their application for post-conviction relief with competent admissible evidence once the State moves for summary dismissal. |
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Friesz v. State
2022 ND 22 |
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State v. Martinez
2022 ND 21 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) as the defendant failed to move to dismiss based on a speedy trial violation. |
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State v. Martinez
2022 ND 21 |
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Simmons v. Cudd Pressure Control, et al.
2022 ND 20
Highlight: Contractual waiver requires a right or privilege a party is legally entitled to enforce. |
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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
Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge. |
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Anderson v. Pedie, et al.
2022 ND 19 |
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State v. Bolinske, Sr.
2022 ND 18
Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours. |
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State v. Bolinske, Sr.
2022 ND 18 |
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Fischer v. Hoyt
2022 ND 17
Highlight: Recovery of attorney’s fees by a prevailing plaintiff under N.D.C.C. § 27-08.1-04 is available after the defendant removes a small claims action to the district court. |
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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 Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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Wald v. Hovey, et al.
2022 ND 15 |
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Plaisimond v. State
2022 ND 14 Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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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
Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms. |
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Armstrong v. Helms
2022 ND 12 |
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Matter of Shane Lance Yates
2022 ND 11 Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters. |
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Matter of Shane Lance Yates
2022 ND 11 |
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Matter of Amy Jo Yates
2022 ND 11 Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters. |
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Matter of Amy Jo Yates
2022 ND 11 |
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Brendel Construction v. WSI
2022 ND 10
Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons. |
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Brendel Construction v. WSI
2022 ND 10 |
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State v. Mayland
2022 ND 9
Highlight: The statutory remedy provided in N.D.C.C. § 39-20-01(a) is limited to administrative proceedings where the driver refused to take a chemical test. |
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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 Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Livingston v. WSI, et al.
2022 ND 6 |
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Lebeau v. State
2022 ND 5 Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Lebeau v. State
2022 ND 5 |
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Muscha v. Krolik, et al.
2022 ND 4
Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding. |
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Muscha v. Krolik, et al.
2022 ND 4 |
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State v. Dargbeh
2022 ND 3 Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions. |
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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
Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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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
Highlight: A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty. |
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State v. Carrillo
2021 ND 239 |
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Estate of Smith
2021 ND 238
Highlight: In a proceeding initiated as informal probate, extensive litigation can convert the proceedings into formal probate. |
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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
Highlight: Corroboration of an accomplice’s testimony is required under N.D.C.C. § 29-21-14. The corroboration need not establish a prima facie case, but must tend to connect the defendant with the crime. |
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State v. Roberts
2021 ND 235 |
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Heggem v. Heggem
2021 ND 234 Highlight: An order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Heggem v. Heggem
2021 ND 234 |
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Hehr v. Hehr
2021 ND 233 Highlight: A district court’s distribution of marital property in a divorce proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Hehr v. Hehr
2021 ND 233 |