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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.

1231 - 1240 of 12446 results

Bubel v. Bubel 2022 ND 23
Docket No.: 20210263
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Friesz v. State 2022 ND 22
Docket No.: 20210143
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Friesz v. State 2022 ND 22
Docket No.: 20210143
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: An applicant has the burden to support their application for post-conviction relief with competent admissible evidence once the State moves for summary dismissal.

A district court’s order denying an applicant’s claim of newly discovered evidence and summarily dismissing his application for post-conviction relief is affirmed.

State v. Martinez 2022 ND 21
Docket No.: 20210207
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) as the defendant failed to move to dismiss based on a speedy trial violation.

State v. Martinez 2022 ND 21
Docket No.: 20210207
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Simmons v. Cudd Pressure Control, et al. 2022 ND 20
Docket No.: 20210166
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Highlight: Contractual waiver requires a right or privilege a party is legally entitled to enforce.

Sanctionable spoliation of evidence cannot occur prior to the existence of a duty to preserve evidence.

Simmons v. Cudd Pressure Control, et al. 2022 ND 20
Docket No.: 20210166
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Anderson v. Pedie, et al. 2022 ND 19
Docket No.: 20210147
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge.

The district court has discretion to award attorney’s fees as part of a remedial sanction for contempt to reimburse the complainant for costs and expenses incurred as a result of the contempt.

Whether to administer sanctions under N.D.R.App.P. 13 for noncompliance with the Rules of Appellate Procedure is discretionary with this Court.

Anderson v. Pedie, et al. 2022 ND 19
Docket No.: 20210147
Filing Date: 1/21/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

State v. Bolinske, Sr. 2022 ND 18
Docket No.: 20210128
Filing Date: 1/21/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours.

If a probable cause determination is not made within 48 hours, the government must demonstrate the existence of an emergency or other extraordinary circumstance.

An intervening weekend is not an emergency or other extraordinary circumstance.

The usual sanction for unlawful detention is the suppression of statements or evidence discovered as a result of the detention.

Dismissal of a criminal charge can be warranted in cases of egregious prosecutorial misconduct or on a showing of prejudice.

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