Opinions

Hendrickson v. Hendrickson
Docket No.: 19950331
Filing Date: 9/10/1996
Case Type: Appeal - Civil - Child Support
Author: Meschke, Herbert

Muscatell (Brett C.) v. ND Real Estate Commission
Docket No.: 19950332
Filing Date: 4/25/1996
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

State v. Ertelt (John Wayne)
Docket No.: 19950333
Filing Date: 5/29/1996
Case Type: Appeal - Criminal - Other
Author: VandeWalle, Gerald

State v. Kvislen (Elmo O.)
Docket No.: 19950334
Filing Date: 3/21/1996
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Neumann, William

Jones (Gail Ann) v. Pringle & Herigstad, P.C.
Docket No.: 19950335
Filing Date: 4/25/1996
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

District Judge Vacancy, Southeast Judicial District
Docket No.: 19950338
Filing Date: 1/3/1996
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Riemers v. State 2007 ND App3
Docket No.: 20070038
Filing Date: 8/15/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Factual assertions in a brief do not raise an issue of material fact satisfying Rule 56(e) for purposes of resisting a motion for summary judgment.
A party asserting a constitutional claim must do more than submit bare assertions and must bring up the heavy artillery or forego the claim.

Riemers v. State 2007 ND App4
Docket No.: 20070063
Filing Date: 8/22/2007
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A judgment of dismissal for failure to state a claim upon which relief can be granted will be affirmed by an appellate court if it cannot discern a potential for proof to support the claim.
Under N.D.R.Civ.P. 12(c), if, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under N.D.R.Civ.P. 56.
The court, in deciding a motion for judgment on the pleadings, may consider, in addition to the pleadings, materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment.

Lang v. Binstock 2001 ND App1
Docket No.: 19990345
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

State v. Bernstein 2005 ND App6
Docket No.: 20040298
Filing Date: 5/26/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: To satisfy the knowledge element of criminal trespass under N.D.C.C. 12.1-22-03(3), the State must prove that the defendant knew or had a firm belief, unaccompanied by substantial doubt, that he was not licensed or privileged to be on the property.
A statement offered to show its effect upon the state of mind of the listener, rather than the truth of the matter asserted, is not hearsay.