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.
6301 - 6350 of 12446 results
|
Heyen v. State
2001 ND 126 Highlight: An application for post-conviction relief is denied if the same claims have been fully and finally determined in a previous post-conviction proceeding. It is a misuse of process to raise issues in a subsequent post-conviction application which could have been raised in the initial application. |
|
Anderson v. Meyer Broadcasting Co.
2001 ND 125
Highlight: An employee alleging age discrimination under the North Dakota Human Rights Act must establish she is at least forty years old and persons under forty years old were treated more favorably. |
|
Hoverson v. Hoverson
2001 ND 124
Highlight: Economic misconduct requires misconduct which results in waste of marital assets or reduction of the net marital estate. |
|
Myer, et al. v. Rygg
2001 ND 123
Highlight: A trial court's decision on qualification of a witness as an expert will not be reversed on appeal unless it was an abuse of discretion. |
|
Berg v. Dakota Boys Ranch Assoc.
2001 ND 122
Highlight: If summary judgment is denied, the proper procedure is to move for judgment as a matter of law at the close of the evidence, and the denial of that motion may be reviewed on appeal. |
|
Flattum-Riemers v. Peters-Riemers (CONFIDENTIAL)
2001 ND 121
Highlight: A request for district court review of a judicial referee's findings and order need not specifically recite every issue raised before the referee to preserve those issues for appellate review. |
|
State v. Schneeweiss
2001 ND 120
Highlight: Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency. |
|
Tweit v. Erickson
2001 ND 119 |
|
Braunagel v. City of Devils Lake
2001 ND 118
Highlight: Although declaratory and injunctive relief are available to challenge a city's failure to comply with the statutory requirements for annexation of property, they may not be used to test the wisdom of the annexation decision. |
|
State v. Jensen (Consolidated w/20010013 & 20010014)
2001 ND 117 Highlight: Criminal convictions for driving under revocation, driving under the influence, and false report to law enforcement summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
|
Trade 'N Post, L.L.C. v. World Duty Free Americas, Inc, et al.
2001 ND 116
Highlight: In determining whether there is an implied private right of action under a state statute, the Court should consider whether the plaintiff is one of the class for whose especial benefit the statute was enacted, whether there is any indication of legislative intent to create such a remedy, and whether it is consistent with the underlying purposes of the legislative scheme to imply such a remedy. |
|
Demarce v. State (CONSOLIDATED W/20000304)
2001 ND 115 Highlight: Appeal from denial of post-conviction relief and motion to reduce sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (6). |
|
Stutsman Co. v. Westereng, et al.
2001 ND 114
Highlight: A Job Service appeal, in which a base-period employer does not have access to pertinent information available to the other party, does not afford the appellant a fair hearing and is not "conducted in such manner as to ascertain the substantial rights of the parties." |
|
Corbett v. Corbett
2001 ND 113
Highlight: A trial court's child custody decision and property distribution are findings of fact which will not be reversed on appeal unless clearly erroneous. |
|
T.F. James Co. v. Vakoch (cross-ref. w/990223)
2001 ND 112
Highlight: In a commercial lease, a provision providing for payment of attorney fees in the event of breach is enforceable and does not violate public policy. |
|
Interest of A.B. (CONFIDENTIAL)
2001 ND 111 Highlight: If juvenile delinquency proceedings are begun in a court other than in the county of the child's residence, that court must transfer the proceedings for disposition to the juvenile court of the county of the child's residence, if the child has been adjudicated delinquent and other proceedings involving the child are pending in that court. |
|
Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000169)
2001 ND 110 Highlight: The existence of an attorney-client relationship is ordinarily a question of fact. |
|
Johnson v. Johnson
2001 ND 109
Highlight: A finding by the trial court as to future intentions of a party is not affected by a subsequent decision by that party to engage in conduct contrary to the finding, and the subsequent conduct does not constitute grounds for a new trial on the basis of newly discovered evidence. |
|
Demming v. Demming
2001 ND 108 |
|
State v. Abnar (CONSOLIDATED w/20000288)
2001 ND 107 Highlight: Judgments of conviction for possession of drug paraphernalia and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
State v. Aune (cross-ref. w/20020106)
2001 ND 106 Highlight: The trial court's judgment of conviction for a violation of N.D.C.C. 12.1-10-05 is affirmed under N.D.R.App.P. 35.1(a)(1). |
|
State v. Schwartz
2001 ND 105 Highlight: Jury verdict of guilty on two counts of misdemeanor sexual assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4). |
|
Jorgenson, et al. v. Agway, Inc.
2001 ND 104 Highlight: North Dakota's Consumer Fraud Act, N.D.C.C. ch. 51-15, applies to a farmer who purchases confection sunflower seed for use in cultivating a sunflower crop for subsequent sale and who alleges the seed is defective and marketed in violation of the Act. |
|
Larson v. Norkot Manufacturing, et al.
2001 ND 103
Highlight: The discovery rule tolls the statute of limitations in malpractice actions until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence. |
|
Remmick v. Whitman, et al.
2001 ND 102 Highlight: The interest of a recorded mineral deed grantee, who is not a named party in a subsequent action to foreclose a mortgage on the real property, is not affected by the foreclosure action. |
|
Triple Quest, Inc. v. Cleveland Gear Co., Inc.
2001 ND 101
Highlight: An order dismissing an action without prejudice on the ground that jurisdiction or venue is proper in another state based on a contractual forum selection clause is appealable. |
|
Estate of Schmidt (cross-ref. w/970183)
2001 ND 100 Highlight: Appeal of eleven orders in probate case summarily affirmed under N.D.R.App.P. 35.1(a)(1) (appeal is frivolous and completely without merit). |
|
State ex rel. Olson v. Harrison, et al.
2001 ND 99
Highlight: The State has not consented to suit without proper service of process. |
|
Christl v. Swanson (Cross-Ref. W/19990256)
2001 ND 98 Highlight: Under the Child Support Guidelines, prior to the August 1, 1999 amendments, the district court could deduct from an obligor's adjusted gross income business costs actually incurred and paid, but not expensed for internal revenue purposes. |
|
Eaton v. State
2001 ND 97
Highlight: A criminal defendant waives nonjurisdictional defects by entering a knowing and voluntary guilty plea. |
|
Sollin, et al. v. Wangler, et al.
2001 ND 96 Highlight: A trial court should give an ultimate-outcome instruction informing the jury how its liability apportionment will affect an award of damages if the instruction is properly requested and the instruction will not confuse or mislead the jury. |
|
Moen, et al. v. Thomas, et al. (CROSS-REFERENCE W/20000111)
2001 ND 95
Highlight: Statements of assent to an alleged oral contract are not hearsay but constitute a verbal act. |
|
Rask, et al. v. Nodak Mutual Ins. Co.
2001 ND 94 Highlight: In determining whether a vehicle is an underinsured motor vehicle, only the policy insuring that motor vehicle is considered. |
|
Schuck v. Montefiore Public School Dist. No. 1
2001 ND 93 Highlight: Employees are required to exhaust available administrative remedies prior to pursuing their claim in court. |
|
State v. Rue
2001 ND 92
Highlight: Arrests for probation violations may be made by court order or on probable cause. |
|
McDowell, et al. v. Gillie, et al.
2001 ND 91
Highlight: Stopping at the scene of an accident and inquiring whether any assistance is needed can constitute the rendering of aid and assistance within the meaning of the Good Samaritan Act. |
|
James, et al. v. Griffin, et al.
2001 ND 90 Highlight: Once prior acquiescence of a boundary has been destroyed by a nonacquiescent possession, the 20-year period for establishing acquiescence begins running anew. |
|
Kinzley v. Kinzley
2001 ND 89 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Fox v. Fox (cross-ref. w/980198)
2001 ND 88
Highlight: A choice between two permissible views of the evidence is not clearly erroneous when the trial court's findings are based either on physical or documentary evidence or inferences from other facts or on credibility determinations. |
|
Estate of Murphy, et al. v. Maus, et al.
2001 ND 87 Highlight: To prevail in a legal malpractice action, a plaintiff must establish the attorney's malpractice proximately caused damage to the plaintiff. |
|
Disciplinary Board v. Howe
2001 ND 86
Highlight: An attorney is appropriately suspended from the practice of law for 120 days when the hearing panel has found clear and convincing evidence of professional conduct violations involving lack of diligence, communication, and expediting litigation, as well as a disciplinary history of five prior disciplinary sanctions. |
|
Davis v. State
2001 ND 85 Highlight: A trial court is authorized to resentence a defendant who violates conditions of probation to any sentence that was initially available. Resentencing a defendant to a harsher sentence than his original sentence imposed does not violate double jeopardy or due process. |
|
State v. Ellis (Cross-reference w/20000006)
2001 ND 84
Highlight: A defendant seeking a change of venue under N.D.R.Crim.P. 21 has the burden of establishing a reasonable likelihood of prejudice so pervasive that a fair and impartial jury cannot be selected in the county of original venue. |
|
Interest of C.R.C. (CONFIDENTIAL)
2001 ND 83 Highlight: Termination of parental rights is appropriate when the State proves by clear and convincing evidence that a child is deprived and the deprivation is not due primarily to a lack of financial resources; the causes and conditions of the deprivation will likely continue or will not be remedied; and the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm from the deprivation. |
|
State v. Paulson, et al.
2001 ND 82 Highlight: The failure of the parents of an injured person "incapacitated by the injury from giving the notice" to present the director of the office of management and budget a notice of claim within 180 days of discovery of the injury does not preclude the injured person from suing the State. |
|
ND Fair Housing Council, Inc., et al. v. Peterson, et al. (CON w/20000197)
2001 ND 81
Highlight: Attorney General's opinions interpreting statutes do not bind the Court but will be followed if persuasive. Attorney General's opinions are afforded even greater consideration when they have been impliedly adopted by the legislature. |
|
Praus, et al. v. Mack, et al.
2001 ND 80
Highlight: A trial court may grant parties on a side of litigation additional peremptory challenges if they have essentially adverse or antagonistic interests. |
|
Young v. Johnson
2001 ND 79 Highlight: Appeal from district court order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
|
Yantzer v. Yantzer
2001 ND 77 Highlight: Trial court's order denying a motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. McHugh
2001 ND 76 Highlight: Conviction for gross sexual imposition based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3),(4). |