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.
6151 - 6200 of 12382 results
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State v. Palmer (CONSOLIDATED W/20010124,20010125,& 20010126)
2002 ND 5
Highlight: To establish a failure to comply with the statutory process for drawing a jury, the complaining party must provide a factual basis showing the process was prejudicial, actually excluded, systematically excluded, or statistically excluded a fair cross section of the population. |
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State v. Weaver
2002 ND 4
Highlight: In reviewing a trial court's denial of a motion for judgment of acquittal, the evidence is viewed in the light most favorable to the prosecution and the appellate court determines only whether there is evidence which could have allowed the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. |
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State v. Marshall (Consolidated w/20010253)
2002 ND 3 Highlight: Denials of N.D.R.Crim.P. 35(a) motion for correction of sentence and N.D.R.Crim.P. 36 motion for correction of a clerical mistake in sentence are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Terry v. Terry
2002 ND 2
Highlight: A party seeking to set aside a judgment based upon a stipulation must show that, under the law of contracts, there is justification for setting aside the stipulation. |
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Jaskoviak v. Gruver, et al.
2002 ND 1
Highlight: Evidence submitted with a motion for reconsideration after summary judgment has been granted is untimely. |
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Disciplinary Board v. Boulger
2001 ND 210 Highlight: A lawyer commits an ethical violation when the lawyer drafts a will for an unrelated client giving the lawyer a contingent bequest of a substantial gift. |
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Consolidated Telephone v. Western Wireless Corporation, et al.
2001 ND 209
Highlight: Unless the Federal Communications Commission's rulings and regulations have been appropriately challenged in the proper federal forum, a state court is not at liberty to review the FCC's statutory interpretation even if its soundness is doubted, and the state court must apply the rulings and regulations as written. |
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Dimond v. State Board of Higher Education (Consolidated w/20010155)
2001 ND 208 Highlight: A breach of contract action against the State is governed by the three-year statute of limitations in N.D.C.C. 28-01-22.1. |
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Gepner, et al. v. Fujicolor Processing, Inc., et al.
2001 ND 207
Highlight: N.D.R.Civ.P. 60(b) is to be liberally construed and applied, and trial courts should be more lenient in granting motions to vacate default judgments than in vacating judgments in cases which have been tried on their merits. |
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Belgarde, et al. v. Askim, et al.
2001 ND 206 Highlight: Before dismissing a cause of action to sanction a party for destruction of evidence, the trial court must consider the culpability of the party against whom sanctions are being imposed, the prejudice to the party moving for sanctions, and the availability of less severe alternative sanctions. |
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Interest of M.C.H. (CONFIDENTIAL) (CROSS-REF. W/20010132)
2001 ND 205 Highlight: Juveniles between the ages of seven and fourteen have no common law right to a presumption of incapacity to commit a crime, because the criminal capacity of children between the ages of seven and fourteen has been declared by statute. |
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City of Fargo v. Roberson (see Docket Memo)
2001 ND 204 Highlight: The Supreme Court will not consider questions that were not presented to the trial court and are raised for the first time on appeal. |
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Interest of D.P. (Confidential)
2001 ND 203 Highlight: For hospitalization in a mental health case, the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative. |
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State v. Baumgartner
2001 ND 202
Highlight: One cannot be an accomplice without having the requisite criminal intent for the underlying offense, even if he or she is a co-conspirator. |
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State v. Barth (Consolidated w/20010110)
2001 ND 201
Highlight: A trial court has broad discretion in selecting a method to impanel a jury, if it permits the defendant to exercise peremptory challenges without embarrassment and does not intimidate him from exercising them. |
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Heick v. Erickson
2001 ND 200 Highlight: In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting. |
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Judicial Vacancy in the Northwest Judicial District
2001 ND 199 Highlight: Judgeship moved from Northwest to East Central Judicial District. |
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Disciplinary Board v. Dooley
2001 ND 198 Highlight: Lawyer suspended from the practice of law for 30 days |
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Security State Bank of ND v. Orvik
2001 ND 197 Highlight: The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops. |
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State v. Gates (Cross-ref. w/940388)
2001 ND 196 Highlight: The trial court's denial of a motion to deem a class C felony theft conviction to be a misdemeanor under N.D.C.C. 12.1-32-02(9) is summarily affirmed under N.D.R.App.P. 35.1(a). |
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Gaab v. Ochsner (CONFIDENTIAL)
2001 ND 195 Highlight: A party is not required to prove actual or imminent domestic violence in order to obtain an extension of an existing protection order. |
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State v. Clark
2001 ND 194
Highlight: Failure to file a transcript may prevent a party from being successful on appeal. |
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Toni v. Toni
2001 ND 193 Highlight: Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable. |
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Bellefeuille v. Bellefeuille
2001 ND 192
Highlight: A trial court does not abuse its discretion in denying a motion for relief from judgment, when the motion was made twenty-one years after the judgment was filed. |
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Sommer v. Sommer
2001 ND 191
Highlight: Permanent spousal support may be awarded when a marriage has been of long duration and the dependant spouse has health problems or is of such an age that adequate rehabilitation is unlikely. |
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State v. Kensmoe
2001 ND 190
Highlight: A trial court acts within its statutory authority when extending a defendant's probationary period following a restitution hearing. |
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State v. Martin
2001 ND 189 Highlight: To be convicted of continual sexual abuse of a child, one must be shown to have engaged in three or more sexual acts or contacts during a period of three months or more. This period has no maximum time limit. |
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Bell v. State
2001 ND 188
Highlight: A trial court may deny appointment of counsel for an indigent post-conviction applicant who is able to file an application without assistance, if the application, read in the light most favorable to the applicant, does not raise any substantial issue of law or fact. |
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Lenthe Investments v. Service Oil, et al.
2001 ND 187
Highlight: Mutual assent to a contract is determined by the words of the contract and the parties' objective manifestations of assent. |
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Fortis Benefits Ins. Co. v. Hauer
2001 ND 186
Highlight: If the language of an insurance policy is clear and explicit, the language should not be strained in order to impose liability upon the insurer. |
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Gleich v. Gleich
2001 ND 185 |
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State v. Johnson (Consolidated w/20010026 & 20010027)
2001 ND 184
Highlight: Lack of criminal responsibility is not an affirmative defense, and the nonexistence of the defense is an element of the offense which the State must prove beyond a reasonable doubt. |
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Interest of D.R., et al. (CONFIDENTIAL)(Consolidated w/20010099)
2001 ND 183 Highlight: In deciding whether to terminate parental rights, the court can give substantial credence to evidence indicating a pattern of conduct by a parent that forms a basis for reasonable prediction the deprivation of the child is likely to continue and result in serious physical, mental, or emotional harm. |
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DeCoteau v. Nodak Mutual Insurance Co. (Cross-reference w/19990100)
2001 ND 182 Highlight: When a named plaintiff whose individual claim becomes moot has not even moved for class action certification prior to evaporation of his personal stake in the lawsuit, the plaintiff may not avail himself of the class action exception to the mootness doctrine. |
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Hellerud v. ND Dept. of Transportation
2001 ND 181 Highlight: Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Chadwick v. N.D. Dept. of Transportation
2001 ND 180 Highlight: A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle. |
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Alerus Financial v. Lamb, et al. (CONSOLIDATED W/20010178)
2001 ND 179 Highlight: Summary judgments granting foreclosure of mortgages on rental properties are summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Dvorak v. Dvorak
2001 ND 178
Highlight: Trial courts may decline to consider arguments raised for the first time on a motion for reconsideration when those arguments could have been raised in earlier proceedings. |
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Trottier v. Bird
2001 ND 177 Highlight: When a court lacks subject matter jurisdiction, it must dismiss the action under Rule 12(h)(3). |
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McDowell v. McDowell
2001 ND 176
Highlight: Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay. |
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City of Fargo v. Ellison
2001 ND 175
Highlight: Police should not be placed in a worse position then they occupied before the illegal search occurred. |
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Voge v. Schnaidt
2001 ND 174 Highlight: An action for damages for an injury received in a collision of two boats on Lake Sakakawea is governed by the three-year statute of limitations in federal law, rather than the six-year limitation in state law. |
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State v. Lynch
2001 ND 173 Highlight: The introduction of the state toxicologist's list of approved designations medically qualified to draw blood is a foundational requirement for the introduction of blood test results. |
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Farmers Elevator, Inc. of Grace City v. Custom Processors, Inc.
2001 ND 172 Highlight: Judgment in a contract action summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Bell v. State
2001 ND 171 Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Klein v. ND Workers Comp. Bureau, et al.
2001 ND 170 Highlight: The time period to file a claim for worker's compensation benefits begins on the first day a reasonable person, not learned in medicine, knew or should have known that the injury was work related. |
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Schmidt v. Ward Co. S.S.B., et al. (CONSOLIDATED W/2001114)
2001 ND 169
Highlight: A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility. |
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Dakota Partners v. Glopak, Inc., et al.
2001 ND 168 Highlight: A contract provision prohibiting "offset" is not a waiver of the defense of fraud in the procurement of the contract. |
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Twogood v. Wentz, et al.
2001 ND 167
Highlight: Satisfaction of a cost judgment after an execution has been issued does not bar an appeal to reverse a summary judgment on the merits. |
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Shiek v. ND Workers Comp., et al. (Cross-reference w/970333)
2001 ND 166 Highlight: Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date. |