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.
1241 - 1250 of 12418 results
Muscha v. Krolik, et al.
2022 ND 4
Docket No.: 20210179
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.
State v. Dargbeh
2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.
Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions.
State v. Dargbeh
2022 ND 3
Docket No.: 20210175
Filing Date: 1/6/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.
Gerving v. Gerving, et al.
2022 ND 2
Docket No.: 20210074
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald
Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation.
The district court must properly calculate a child support obligor’s net income to determine the correct amount of support.
The district court has discretion to grant a parent’s request for a deviation in the amount of the child support obligation for expenses related to the child’s private school tuition.
Tergesen, et al. v. Nelson Homes
2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
The court has discretion in deciding to grant rescission of a contract, and the power should not be exercised lightly.
Tergesen, et al. v. Nelson Homes
2022 ND 1
Docket No.: 20210113
Filing Date: 1/6/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald
Matter of Knoke
2021 ND 240
Docket No.: 20210081
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald
Highlight: The district court’s probable cause determination in a civil commitment case becomes moot once the commitment hearing is held.
In proceedings for the civil commitment of a sexually dangerous individual, the district court errs when it fails to make a finding on whether the respondent has serious difficulty controlling his behavior.
State v. Carrillo
2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair
Highlight: A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.
The district court’s role in a preliminary hearing is not a trier of fact, but its function is solely to determine the existence or absence of probable cause.
The State is not required to introduce results of a field test or the state lab at a preliminary hearing, and probable cause can be established through circumstantial evidence and officer testimony. The State need only produce sufficient evidence to warrant a person of reasonable caution to believe a crime has been committed and the accused probably committed the crime.
State v. Carrillo
2021 ND 239
Docket No.: 20210223
Filing Date: 12/23/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair
Estate of Smith
2021 ND 238
Docket No.: 20210114
Filing Date: 12/23/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.
Highlight: In a proceeding initiated as informal probate, extensive litigation can convert the proceedings into formal probate.
In a formal probate proceeding, once a final judgment is entered approving a final distribution and accounting, a party may not file a petition to approve an amended final accounting.
While this Court disapproves of a district court’s wholesale adoption of a party’s proposed findings of fact, those findings of fact will not be overturned on appeal unless they are clearly erroneous.
A district court did not abuse its discretion in awarding attorney's fees to be paid by the personal representatives personally when it found the personal representatives’ motions were frivolous and for an improper purpose.
