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.
5951 - 6000 of 12359 results
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State v. Robinson
2002 ND 183 Highlight: Defendant's sentence for accomplice to attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Asbridge
2002 ND 182 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Jacobson v. Garaas (Consolidated w/ 20020113)
2002 ND 181
Highlight: A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him. |
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Intel-Foods Corporation v. Alexander, et al.
2002 ND 180 Highlight: An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Wilson v. Koppy
2002 ND 179 Highlight: Mandamous is not available when there is another remedy at law. |
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Adoption of S.A.L. (CONFIDENTIAL)
2002 ND 178 Highlight: A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel. |
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Obrigewitch v. Director, N.D. Dept. of Transportation
2002 ND 177
Highlight: Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the location of the ignition key. |
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State v. Aune
2002 ND 176 Highlight: A trial court may order a condition of probation requiring the probationer to stay away from a specific place. |
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Larson v. Norkot Manufacturing, et al.
2002 ND 175 Highlight: For a cause of action for an attorney's legal malpractice, there must be damages to the client proximately caused by the attorney's breach of a duty to the client; the statute of limitations does not begin to run until the client has incurred some damages from the alleged malpractice; and the statute of limitations is tolled until the client knows, or with reasonable diligence should know, of the injury, its cause, and the defendant attorney's possible negligence. |
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Meljie v. ND Workers Comp. Bureau
2002 ND 174
Highlight: For determining a worker's average weekly wage for receiving a disability benefit, "seasonal employment" includes an occupation that has periods of forty-five consecutive days of not receiving wages. |
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Hilgers v. Hilgers
2002 ND 173
Highlight: A decision to appoint a guardian ad litem for a child is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Fontaine
2002 ND 172 Highlight: Conviction for simple assault of a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Leher
2002 ND 171 Highlight: A police officer approaching a stopped vehicle and inquiring in a conversational manner whether the occupant is okay or needs assistance is not a Fourth Amendment seizure. An officer directing a citizen to exit a parked vehicle, or otherwise ordering a citizen to do something may be a Fourth Amendment seizure. |
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State v. Fitterer
2002 ND 170
Highlight: Moving papers for a motion to suppress evidence require neither exceptional particularity nor supporting affidavits or other evidence, but must provide adequate notice to the trial court and the prosecution of the issues being raised. |
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State v. Rohde (consolidated w/20020030-20020033)
2002 ND 169 Highlight: Appeal from a conviction for driving under suspension or revocation, driving without liability insurance, and driving while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Hemmesch v. Bonebrake
2002 ND 168 Highlight: Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4). |
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Johnson v. ND Dept. of Transportation
2002 ND 167 Highlight: License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Whiteman v. State
2002 ND 166 Highlight: Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Judicial Conduct Commission v. Berg
2002 ND 165 Highlight: Former municipal judge censured and prohibited from serving in the future as a municipal judge. |
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Interest of K.S. and A.S. (CONFIDENTIAL)
2002 ND 164 Highlight: To terminate parental rights under N.D.C.C. 27-20-44(1)(b)(1), the juvenile court must find clear and convincing evidence that: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm. |
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State v. Jones
2002 ND 163 Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion. |
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Kimball v. Landeis, et al.
2002 ND 162
Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences. |
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Gross v. N.D. Dept. of Human Services
2002 ND 161 Highlight: A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order. |
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Huntress, et al. v. Griffey
2002 ND 160 Highlight: When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision. |
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Quamme v. Bellino
2002 ND 159
Highlight: When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues. |
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Argenziano v. State
2002 ND 158 Highlight: Summary judgment dismissing a breach of contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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J.B. v. M.R. (CONFIDENTIAL)
2002 ND 157 Highlight: Custody judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Guthmiller
2002 ND 156 Highlight: The trial court's forfeiture order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Butz
2002 ND 155 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Interest of R.O. (CONFIDENTIAL)
2002 ND 154 Highlight: Less than 24 hours notice before an involuntary commitment hearing is inadequate notice to permit preparation for the hearing. |
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Grad v. Jepson
2002 ND 153
Highlight: The standard of review for a minor child's name change petition is abuse of discretion. |
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State v. Faleide
2002 ND 152 Highlight: A trial court may not order permanent forfeiture of personal property as a condition of probation. |
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Johnson v. Johnson (Cross-reference w/990353)
2002 ND 151
Highlight: Because parents have a mutual duty to support their children, failure to award interim child support to the custodian of a child is error as a matter of law. |
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Andes v. Brogdin, et al.
2002 ND 150 Highlight: A trial court judgment dismissing a negligence action is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Keller (CROSS-REF. w/ 20010305, 20020018-20020020)
2002 ND 149 Highlight: Attorney disbarred. |
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Rose v. United Equit. Ins. Co., et al.(CONSOL.w/20020095)
2002 ND 148
Highlight: The trial court has broad discretion in determining whether to certify a class action under N.D.R.Civ.P. 23. |
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Abel v. Allen
2002 ND 147
Highlight: A cause of action accrues when the right to commence it comes into existence, when it can be brought in a court of law without being subject to dismissal for failure to state a claim. |
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Bender, et al. v. Beverly Anne, Inc., et al.
2002 ND 146
Highlight: Under N.D.R.Civ.P. 60(a), errors in a judgment or order arising from oversights or omission may be corrected by the court at any time of its own initiative or on the motion of any party. |
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State v. Yineman
2002 ND 145
Highlight: To challenge a conviction based on the weight of the evidence, a defendant must make an appropriate motion to adequately preserve the issue for appeal. |
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Boehm v. Boehm
2002 ND 144
Highlight: The decision to grant or deny a motion for continuance is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Berger
2002 ND 143
Highlight: The beginning date of a probationary term is determined by the intent of the sentencing court as expressed in the language that created the probationary status. |
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City of Fargo v. Wonder
2002 ND 142
Highlight: When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply. |
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Comstock Construction, Inc. v. Sheyenne Disposal, Inc.
2002 ND 141
Highlight: A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard. |
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Mr. G's Turtle Mountain Lodge v. Roland Township, et al.
2002 ND 140
Highlight: An attempted appeal from a judgment that has been voluntarily paid and formally satisfied of record fails for lack of jurisdiction. |
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Grey Bear v. ND Dept. of Human Services, et al.
2002 ND 139
Highlight: The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury. |
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Hoffman v. ND Workers Comp. Bureau, et al.
2002 ND 138
Highlight: The Workers Compensation Bureau has an obligation to explain its disregard of evidence favorable to a claimant. |
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U.S. Bank v. Koenig, et al.
2002 ND 137
Highlight: Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor. |
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Roe v. Doe (CONFIDENTIAL)
2002 ND 136
Highlight: Under N.D.R.Civ.P. 60(b)(iv), the burden is on the moving party to show sufficient grounds exist for disturbing the finality of a judgment. |
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Geinert v. Geinert
2002 ND 135
Highlight: A modification of child support should generally be made effective from the date of the motion to modify, absent good reason to set some other date. If the trial court sets some later date, it must specifically explain its reasons for doing so. |
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Ziegelmann v. DaimlerChrysler Corp.
2002 ND 134 Highlight: An alleged product defect that has not manifested itself in such a way as to cause an observable adverse physical or economic harm does not constitute an injury that will support a class action lawsuit based on theories of negligence, fraud, and deceit. |