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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.

12401 - 12426 of 12426 results

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.

State v. Smith 2005 ND App5
Docket No.: 20050004
Filing Date: 5/25/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The enhanced sentencing language of N.D.C.C. 39-08-01.2(2), requiring at least 90 days incarceration, is invalid and unenforceable when sentencing a defendant found guilty of a class B misdemeanor DUI under N.D.C.C. 39-08-01.

City of Grand Forks v. Barnum 2005 ND App4
Docket No.: 20040323
Filing Date: 5/19/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: For a process to be a necessary part of the approved method, the State Toxicologist must expressly include it in the approved methodology and make it a part of the requirement for fair administration.
Admission of a checklist other than the one generated in the course of administering a breath test is not a foundational requirement for admissibility of the test result generated in a breath test conducted with an Intoxilyzer 5000 KB-EP and printed on a "Form 106 KB-EP."

Interest of A.K., et al. (Confidential) 2005 ND App3
Docket No.: 20040313
Filing Date: 5/10/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The State must prove the elements for termination of parental rights by clear and convincing evidence.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.

Pautz v. N.B., et al. (Confidential) (cross-ref. w/20040229) 2005 ND App2
Docket No.: 20040340
Filing Date: 4/29/2005
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: The court summarily affirmed an order declaring a child delinquent and placing her in the custody of Division of Juvenile Services for one year.

Ernst v. Tjon 2005 ND App1
Docket No.: 20040373
Filing Date: 4/29/2005
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A summary judgment dismissing a defamation and libel action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Lang v. State, et al. 2001 ND App2
Docket No.: 20000223
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction.
Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit.
Without citations to relevant authority or supportive reasoning, an argument is without merit.

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. Nowik 2000 ND App1
Docket No.: 20000149
Filing Date: 12/27/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The appellant's conviction for driving a vehicle with a suspended license is summarily affirmed by the Court of Appeals.
No person has a constitutional right to operate a motor vehicle on the roads of this state without a valid driver's license.

Industrial Commission v. Wolf (Consolidated w/980053) 1999 ND App2
Docket No.: 19980052
Filing Date: 2/1/1999
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

State v. Berlin 1999 ND App1
Docket No.: 19970399
Filing Date: 1/6/1999
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

State v. Roberson 1998 ND App15
Docket No.: 19980078
Filing Date: 11/30/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Beck v. Job Service North Dakota 1998 ND App14
Docket No.: 19980115
Filing Date: 11/13/1998
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Hagerty, Gail

State v. Rohde (Consolidated w/980213 & 980214) 1998 ND App13
Docket No.: 19980161
Filing Date: 10/22/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Carver v. Miller 1998 ND App12
Docket No.: 19980064
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Cline v. Cline 1998 ND App11
Docket No.: 19980047
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Anseth v. Dupont Co. 1998 ND App10
Docket No.: 19980118
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Monson v. Monson 1998 ND App9
Docket No.: 19980006
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Wishnatsky v. Huey 1998 ND App8
Docket No.: 19980067
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Haugstad d/b/a HB Rentals v. Baltrusch 1998 ND App7
Docket No.: 19970360
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Severson v. Severson 1998 ND App6
Docket No.: 19970371
Filing Date: 8/18/1998
Case Type: Appeal - Civil - Child Support
Author: Burdick, Eugene

McKibben, et al. v. Grigg, et al. 1998 ND App5
Docket No.: 19980051
Filing Date: 8/14/1998
Case Type: Appeal - Civil - Contracts
Author: Glaser, Gerald

Interest of S.J.F. (CONFIDENTIAL) 1998 ND App4
Docket No.: 19970394
Filing Date: 7/27/1998
Case Type: Appeal - Civil - Paternity
Author: Glaser, Gerald

Interest of A.J.K. (CONFIDENTIAL) 1998 ND App3
Docket No.: 19980014
Filing Date: 7/7/1998
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Mead v. ND Dept. of Transportation 1998 ND App2
Docket No.: 19980054
Filing Date: 7/7/1998
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

City of Bismarck v. Glass 1998 ND App1
Docket No.: 19980031
Filing Date: 7/7/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam