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.
6201 - 6250 of 12418 results
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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. |
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City of Fargo v. Gullekson
2001 ND 165 Highlight: If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed. |
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State v. Gleeson
2001 ND 164 Highlight: Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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City of West Fargo v. Ross
2001 ND 163 Highlight: If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed. |
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Davison v. Wanner
2001 ND 162 Highlight: The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Ballard
2001 ND 161 Highlight: Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Stockert v. Stockert
2001 ND 160 Highlight: Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Jensen (Cross-Ref. w/20010012, 13 & 14)
2001 ND 159 Highlight: Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Disciplinary Board v. Gronneberg
2001 ND 158 Highlight: Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7. |
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Dickson v. Dickson (cross-ref. w/960237)
2001 ND 157
Highlight: A custodial parent proposing a move to another state is not required to first seek employment outside the general area. |
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Warner and Company v. Solberg
2001 ND 156
Highlight: North Dakota's restraint of business statute prohibits an excessive restraint on a person's exercise of a lawful profession, trade, or business. |
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Estate of Zimmerman (Consolidated w/20010002)
2001 ND 155
Highlight: Under the probate law in effect before January 1996, a surviving spouse's property is includable in the decedent's augmented estate to the extent the property was derived from the decedent without full consideration in money or money's worth. |
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Rose v. United Equitable Ins. Co., et al.
2001 ND 154
Highlight: A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud. |
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State v. Bouck (CONSOLIDATED W/20000347-20000348)(cross-ref. 20010045-46)
2001 ND 153 Highlight: When the law prescribes a place of imprisonment to which a convicted defendant can be sentenced, the court cannot direct a different place of incarceration, and, if it does, the sentence is void and the defendant is entitled to resentencing. |
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Doan, et al. v. City of Bismarck, et al.
2001 ND 152
Highlight: Summary judgment rarely should be granted in negligence cases because issues involving reasonableness standards generally are inappropriate for summary disposition. |
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McKenzie Co. Social Service Bd., et al. v. C.G. (CONFIDENTIAL)
2001 ND 151
Highlight: A judgment entered without personal or subject matter jurisdiction is void. |