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.
1201 - 1210 of 12446 results
City of Jamestown v. Kastet
2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John
Highlight: A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it.
In determining whether the jury should have received an instruction on a particular defense, this Court views the evidence in the light most favorable to the defendant.
If the district court evaluates the evidence supporting a proposed defense and declines to charge on that defense, it dilutes the defendant’s jury trial by removing the issue from the jury’s consideration.
City of Jamestown v. Kastet
2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John
Taylor v. Taylor
2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair
Highlight: An attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists.
A district court is generally not required to do a line-by-line best-interest analysis for each individual child, but factual findings should be stated with sufficient specificity for reviewing court to understand basis for its decision.
Expert testimony is unnecessary for a showing that physical or emotional harm is likely to result from parenting time, and general testimony of a parent may suffice.
Visitation with a noncustodial parent may be temporarily suspended where it is likely to endanger the children’s physical or emotional health.
District court order granting sole decisionmaking authority to custodial parent must be in the children’s best interests.
Visitation provisions controlled by custodial parent should be utilized only in exceptional circumstances and when custodial parent demonstrates willingness to foster parent-child relationship. Custodial parent may be permitted to monitor visitation between children and noncustodial parent.
Taylor v. Taylor
2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair
State v. Samaniego
2022 ND 38
Docket No.: 20210252
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.
Highlight: The force required for gross sexual imposition is that which compels the victim to submit.
The location of the crime is not a statutory element of a criminal offense. The North Dakota Rules of Criminal Procedure provide for venue in the county where the crime occurred.
A defendant’s objection on one specified ground did not preserve the appeal for another, unspecified ground.
When prosecutorial misconduct is alleged for the first time on appeal, the standard of review is obvious error.
State v. Samaniego
2022 ND 38
Docket No.: 20210252
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.
Lovett v. Lovett, et al.
2022 ND 37
Docket No.: 20210198
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald
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
Docket No.: 20210198
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald
Whetsel v. State (consolidated w/20210181)
2022 ND 36
Docket No.: 20210180
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
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
Docket No.: 20210180
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
