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.
6001 - 6050 of 12359 results
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State v. Keilen (Consolidated w/20020065 through 20020067)
2002 ND 133
Highlight: While the right to appeal is statutory, statutes conferring the right must be liberally construed. |
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Interest of D.Z. (CONFIDENTIAL)
2002 ND 132
Highlight: To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property. |
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Howes v. Kelly Services, Inc.
2002 ND 131
Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict. |
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State v. Bell
2002 ND 130
Highlight: Expert witnesses may testify when no objection is made as to their expertise and qualifications. |
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Rush v. ND Workers Comp., et al.
2002 ND 129 Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to the work injury. |
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Meide, et al. v. Stenehjem, et al.
2002 ND 128
Highlight: When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible. |
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New Town Public School Dist. v. State Bd. of Public School Ed.
2002 ND 127
Highlight: An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure. |
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BeauLac v. BeauLac
2002 ND 126
Highlight: To find a person in contempt of a prior court order, that person must have had actual notice or knowledge of that order. |
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Sjostrand v. ND Workers Comp., et al.
2002 ND 125
Highlight: The Workers Compensation Bureau's termination of an injured worker's disability benefits for a false claim or false statement, without first providing an opportunity for an evidentiary hearing, does not violate the worker's right to due process of law. |
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Petition to Change Judgeship No. 2 or No. 6 from Valley City to Jamestown
2002 ND 124 Highlight: Petition to move chambers from Valley City to Jamestown denied. |
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Interest of N.S. (CONFIDENTIAL)
2002 ND 123 Highlight: The district court order for continuing mental health treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Johnson Farms v. McEnroe
2002 ND 122 Highlight: A finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court is left with a definite and firm conviction a mistake has been made. |
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State v. Maurstad (CONSOLIDATED W/20010293)
2002 ND 121
Highlight: Challenges to probationary searches, authorized by a probationer's conditions of probation, are reviewed under the standard of whether the search was reasonable, after examining the totality of the circumstances, including whether the search was performed in a reasonable manner. |
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Lithun, et al. v. DuPaul
2002 ND 120 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Matrix v. TAG Investments, et al.
2002 ND 119 Highlight: An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs. |
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Kautzman v. Kautzman (Cross-ref.w/980004,990328,990386 & 20000083)
2002 ND 118 Highlight: A change of substance that contradicts the transcript of a deposition is impermissible unless it can plausibly be represented as the correction of an error in transcription. |
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Brandt v. Milbrath
2002 ND 117
Highlight: Although prior driving behavior may be probative of negligence and comparative negligence, it may be excluded because of a witness's uncertainty as to the identity of the vehicle or driver. |
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State v. Guthmiller (cross-reference 20020088)
2002 ND 116
Highlight: Whether probable cause exists to issue a search warrant is a question of law, and on appeal, the sufficiency of information before the magistrate is reviewed based on the totality of the circumstances. |
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Piatz, et al. v. Austin Mutual Ins. Co.
2002 ND 115
Highlight: When the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline to review the issue. |
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Shaw v. Shaw
2002 ND 114 Highlight: A child support obligor is entitled to an adjustment of a child support obligation for extended visitation if the trial court orders visitation or custody for the obligor parent that exceeds sixty out of ninety consecutive nights. |
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Nodak Mutual Ins. Co., et al. v. Stegman, et al. (Cross-Ref w/20000074)
2002 ND 113
Highlight: An acknowledgment of satisfaction of judgment must be notarized or otherwise witnessed and authenticated. |
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Phipps v. ND Dept. of Transportation
2002 ND 112
Highlight: A chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis. |
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Interest of R.K. (CONFIDENTIAL)
2002 ND 111
Highlight: The definition of a deprived child is broad enough to include a child whose parent, while never having had the opportunity to care for the child, is shown to be presently incapable of providing parental care for the child. |
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Sevland v. Sevland
2002 ND 110
Highlight: Supervised visitation is not required unless there is a serious bodily injury, use of a dangerous weapon, or a pattern of domestic violence. |
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Mayer v. Mayer
2002 ND 109 Highlight: Order refusing to vacate a stipulated divorce decree is summary affirmed under N.D.R.App.P. 35.1(a)(4). |
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Larson v. McMorrow
2002 ND 108 Highlight: The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Taylor
2002 ND 107 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Edwardson
2002 ND 106
Highlight: A lawyer who cannot comply with a discovery request without jeopardizing the client should withdraw from representation rather than violate the rules of professional conduct. |
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State v. Jackson (Consolidated w/20010299)
2002 ND 105 Highlight: It is not ineffective assistance of counsel to fail to move for a judgment of acquittal when the prosecution has presented a prima facie case. |
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Nowling, et al. v. BNSF Railway, et al.
2002 ND 104 Highlight: Under N.D. Const. art. XII, sec. 13, the right of way for an operating railroad line is a public highway that is not subject to adverse possession or acquiescence. |
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Corbett v. Corbett
2002 ND 103
Highlight: There must be some factual basis in the record for the length of time spousal support is awarded, but a specific plan of rehabilitation is not required. |
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State v. Stewart (Consolidated w/20010284)
2002 ND 102
Highlight: Under N.D.R.Ev. 609(a)(i), for the purpose of attacking the credibility of a testifying accused, evidence that the accused has been convicted of a felony that meets the time limit of subdivision (b) must be admitted if the court determines that the probative value of admitting that evidence outweighs its prejudicial effect. |
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Hansen, et al. v. Scott, et al.
2002 ND 101
Highlight: A trial court may grant a certification under N.D.R.Civ.P. 54(b) if the issues raised in the appeal will not be mooted by future developments in the trial court. |
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Dvorak v. Disciplinary Board
2002 ND 100 Highlight: Lawyer reinstated to the practice of law. |
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Matrix Properties Corp. v. JCG Investments, et al.
2002 ND 99
Highlight: A judgment quieting title to real property and an order denying a motion to alter, amend, or vacate the judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State ex rel. Clayburgh v. American West Community Promotions, Inc.
2002 ND 98
Highlight: When a transaction involves the transfer of both tangible personal property and intangible personal property, the true object of the transaction must be examined to determine if the transaction is subject to sales tax. |
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Skadberg v. Skadberg
2002 ND 97
Highlight: To support a petition for a disorderly conduct restraining order, the petitioner must present evidence of specific acts or threats constituting disorderly conduct. |
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Paul v. ND Workers Comp. Bureau
2002 ND 96 Highlight: The Bureau has the burden of establishing that a vocational rehabilitation plan provides a claimant with a reasonable opportunity to obtain employment. |
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State v. Laib
2002 ND 95
Highlight: Whether a defendant establishes statements made in support of a search warrant were intentionally false or made with reckless disregard of the truth is a finding of fact. |
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Eide v. Eide
2002 ND 94 Highlight: Order denying a motion for relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Churchill v. Churchill
2002 ND 93 |
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Kaffar, et al. v. Dschaak, et al.
2002 ND 92 Highlight: Judgment quieting title to a parcel of property and denying claim of acquiescence to a new boundary line is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 91 Highlight: The defendant's convictions for theft of property, fleeing or attempting to elude a police officer, and reckless driving are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of T.J.R. (NOTE: case was consol. w/20010286)
2002 ND 90 Highlight: Termination of parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 89 Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4). |
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Bettenhausen v. Bettenhausen
2002 ND 88 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Looney v. Looney
2002 ND 87 Highlight: A judgment enforcing an earlier divorce judgment between the parties is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Matrix v. TAG Investments (Cross ref. See Docket Memo)
2002 ND 86 Highlight: As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land. |
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Shiek v. ND Workers Comp. Bureau, et al.
2002 ND 85 Highlight: When a claimant receives a prior and a subsequent permanent impairment award, the overall number of weeks the claimant is entitled to receive for both the prior and subsequent impairments is the number of weeks that corresponds to the combined value of the prior and subsequent impairments on a whole body basis. |
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Knoll v. ND Dept. of Transportation
2002 ND 84
Highlight: If a person intentionally or unintentionally provides false information to an operator attempting to follow the State Toxicologist's approved methods for a chemical test, the person cannot challenge the foundation for admissibility of the test results on the ground that the false information resulted in the approved methods not being followed. |