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 12446 results
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State, et al. v. Gratech Co., et al.
2003 ND 7 Highlight: Absent a specific statutory or contractual exclusion, arbitrators have jurisdiction to determine whether a party has complied with procedural conditions precedent to arbitration. |
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State v. Hammeren
2003 ND 6
Highlight: The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment. |
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Engh v. Engh
2003 ND 5 Highlight: A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months. |
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Kondrad v. Bismarck Park District
2003 ND 4 Highlight: While the law does not favor contracts exonerating parties from liability for their conduct, parties are bound by clear and unambiguous language evidencing an intent to extinguish liability. |
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Higgins v. Trauger (Consolidated w/20020133)
2003 ND 3
Highlight: Collusion does not require fraudulent conduct. |
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Downing v. ND Workers Comp., et al.
2003 ND 2 Highlight: Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Duemeland v. Norback
2003 ND 1 Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document. |
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Estate of Gleeson
2002 ND 211 Highlight: A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes. |
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State v. Bingaman
2002 ND 210 Highlight: In determining whether to order restitution, a court may take into account the defendant's ability to pay the restitution amount. |
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Hilton v. ND Education Association, et al.
2002 ND 209
Highlight: Counselors who were certified under N.D.C.C. ch. 15-36 and who did not devote more than fifty percent of their time to administration duties were teachers under N.D.C.C. ch. 15-38.1. |
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State v. Weisz
2002 ND 207
Highlight: When a party fails to adequately preserve an issue for appellate review, appellate inquiry is limited to noticing obvious error. |
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Sweeney v. Sweeney
2002 ND 206
Highlight: A trial court's decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal. |
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Gawryluk v. Poynter, et al.
2002 ND 205 Highlight: The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests. |
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Grand Forks Professional Baseball, Inc., et al. v. Workers Comp.
2002 ND 204 Highlight: An officer or director of a corporation can be held personally liable for unpaid worker's compensation insurance premiums even though that officer or director does not own stock in the corporation. |
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State v. Boyd
2002 ND 203
Highlight: A community caretaking encounter does not involve detecting, investigating, or acquiring evidence related to a potential legal violation. |
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State v. Bingaman (cross-reference w/20020134)
2002 ND 202 Highlight: To prove obvious error, a party must show (1) error, (2) which is plain, and (3) that affects substantial rights. |
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Wanner v. N.D. Workers Comp. Bureau
2002 ND 201
Highlight: While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material |
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State v. Hernandez
2002 ND 200 Highlight: Judgment entered on defendant's guilty plea to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of G.H.
2002 ND 199 Highlight: A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Mohamed
2002 ND 198 Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Disciplinary Board v. Sundby
2002 ND 197 Highlight: Interim suspension of lawyer ordered. |
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Larson v. Larson
2002 ND 196 Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal. |
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Greybull v. Harlan
2002 ND 195 Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Giese v. Giese
2002 ND 194
Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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State v. Jones
2002 ND 193
Highlight: A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right. |
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Ramsey Co. Social Serv. Bd., et al. v. Kamara
2002 ND 192
Highlight: When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred. |
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Interest of F.R.S.
2002 ND 191 |
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State v. Skorick
2002 ND 190
Highlight: A trial court errs when it permits witnesses to remain in the courtroom for purposes of returning as rebuttal witnesses despite a request for sequestration. The error may be harmless when the testimony by the rebuttal witness did not affect the defendant's substantial rights. |
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State v. Dunn
2002 ND 189
Highlight: Persons have a reasonable privacy expectation in their personal property, which is protected by the Fourth Amendment proscription against unreasonable search and seizure. |
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Interest of D.Q., et al. (Confidential) (Consolidated w/20020079)
2002 ND 188 Highlight: A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous. |
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Walker v. Walker
2002 ND 187
Highlight: Use of the Bullock formula to distribute retirement pay is not mandatory if the overall distribution of marital property is equitable. |
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Myhre v. ND Workers Comp.
2002 ND 186
Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence a causal relationship between her employment and the medical condition for which benefits are sought. |
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Hamilton v. Oppen, et al.
2002 ND 185
Highlight: Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict. |
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Jensen v. State
2002 ND 184 Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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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). |