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.
1201 - 1300 of 12358 results
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Bridges v. State (consolidated w/20210119)
2021 ND 232 Highlight: A petitioner must file an application for postconviction relief within two years of the date the conviction becomes final. However, a court may consider an application for relief after the two years have elapsed if the applicant establishes that he or she suffered from a mental disease that precluded a timely application for relief. |
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Bridges v. State (consolidated w/20210119)
2021 ND 232 |
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Visser v. Visser, et al.
2021 ND 231 Highlight: A district court order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Visser v. Visser, et al.
2021 ND 231 |
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State v. Olsen
2021 ND 230 Highlight: A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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State v. Olsen
2021 ND 230 |
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Motisi v. Hebron Public School District
2021 ND 229
Highlight: District courts consider the whole statute to determine the intent of the legislature, deriving that intent by comparing every section and subsection as a part of that whole, and by considering other statutes on the same subject matter. |
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Motisi v. Hebron Public School District
2021 ND 229 |
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American Federal Bank v. Grommesh, et al.
2021 ND 228
Highlight: When summary judgments are reviewed, the evidence is viewed in the light most favorable to the opposing party, giving that party the benefit of all favorable inference which can reasonably be drawn from the record. |
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Vacancy in Judgeship No. 4, ECJD
2021 ND 227 Highlight: Comments due December 16, 2021 |
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Vacancy in Judgeship No. 4, ECJD
2021 ND 227 |
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State v. Brown
2021 ND 226
Highlight: A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. |
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State v. Brown
2021 ND 226 |
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State v. Vannett
2021 ND 225
Highlight: An officer does not seize a person under the Fourth Amendment by approaching them in a public place. |
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State v. Vannett
2021 ND 225 |
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State v. Hatcher
2021 ND 224 Highlight: A criminal judgment and an order denying a motion to withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Hatcher
2021 ND 224 |
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State v. Houkom
2021 ND 223 Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1). |
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Hunter v. WSI
2021 ND 222 Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
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Hunter v. WSI
2021 ND 222 |
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Narloch v. Narloch, et al.
2021 ND 221 Highlight: Denial of a motion to relocate with minor children is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Narloch v. Narloch, et al.
2021 ND 221 |
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State v. Lindeman
2021 ND 220
Highlight: A precise time period is not required in a criminal prosecution unless time is an essential element of an offense. |
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State v. Lindeman
2021 ND 220 |
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State v. Rieger
2021 ND 219 Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. S.J.H., et al. (Confidential)
2021 ND 218 Highlight: Under N.D.C.C. § 14-20-49(2), if an individual whose paternity is being determined declines to submit to genetic testing ordered by a court, a court may adjudicate parentage contrary to the position of that individual. |
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State v. S.J.H., et al. (Confidential)
2021 ND 218 |
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State v. Neilan
2021 ND 217
Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State. |
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DCI Credit Services v. Plemper
2021 ND 215
Highlight: The district court did not abuse its discretion by denying the motion to vacate the order granting summary judgment. |
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DCI Credit Services v. Plemper
2021 ND 215 |
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Wades Welding v. Tioga Properties
2021 ND 214
Highlight: A district court may conduct a proceeding by reliable electronic means on its own motion or on a party’s motion. |
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Wades Welding v. Tioga Properties
2021 ND 214 |
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Boldt v. Boldt
2021 ND 213
Highlight: When determining primary residential responsibility of a minor child, the district court must consider the best interest factors and make findings with sufficient specificity to show the factual basis for its decision. |
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State v. McCreary
2021 ND 212
Highlight: A flashlight may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6). |
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Interest of C.E. (CONFIDENTIAL)
2021 ND 211 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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Interest of C.E. (CONFIDENTIAL)
2021 ND 211 |
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Iakel-Garcia v. Anderson
2021 ND 210
Highlight: A district court’s award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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Muchow v. Kohler, et al.
2021 ND 209
Highlight: North Dakota’s Uniform Nonparent Custody and Visitation Act governs nonparent visitation rights. |
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Quamme v. Quamme
2021 ND 208
Highlight: For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10). |
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Guardianship and Conservatorship of T.G.P.C.
2021 ND 207 Highlight: A Findings of Fact and Order Reappointing Guardian and Conservatorship and Continuing Guardianship Following Review and Denying Petitioners Request in Full is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Guardianship and Conservatorship of T.G.P.C.
2021 ND 207 |
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Chase v. State
2021 ND 206 Highlight: A motion for summary disposition of an application for postconviction relief under N.D.C.C. § 29-32.1-09(3) must be made consistent with our rules for motion practice. A district court may not order summary disposition in response to a request in a pleading, including the State’s answer to an application for postconviction relief. |
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Interest of A.D. (CONFIDENTIAL)
2021 ND 205
Highlight: Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge. |
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Craig v. State
2021 ND 204 Highlight: In a postconviction relief proceeding, claims that were raised or could have been raised in an earlier postconviction relief proceeding are barred by the doctrine of res judicata. |
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Matter of Michael J. Tharaldson Trust
2021 ND 203
Highlight: The district court has subject matter jurisdiction over trusts. |
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Matter of Michael J. Tharaldson Trust
2021 ND 203 |
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Interest of J.M. (CONFIDENTIAL) (consolidated w/20210269-20210272)
2021 ND 202 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of J.M. (CONFIDENTIAL) (consolidated w/20210269-20210272)
2021 ND 202 |
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Interest of L.L.D.R. (CONFIDENTIAL)
2021 ND 201
Highlight: A juvenile court order declining to terminate parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of L.L.D.R. (CONFIDENTIAL)
2021 ND 201 |
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State v. Nupdal
2021 ND 200 Highlight: A scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine. |
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Estate of Behle
2021 ND 199
Highlight: A defect in the application for probate of a will does not render the probate void. |
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State v. Brewer
2021 ND 198
Highlight: The defendant has the burden to show he is entitled to additional credit for time served in custody. |
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Interest of S.A. (CONFIDENTIAL) (consolidated w/20210062)
2021 ND 197 Highlight: A juvenile court order finding two children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Guardianship of M.H.
2021 ND 196
Highlight: This Court reviews the district court’s decision to uphold contact restrictions placed by a ward’s guardian under the clearly erroneous standard of review. |
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Kremer v. State
2021 ND 195
Highlight: An application for postconviction relief must be filed within two years of the date the conviction becomes final unless an applicant meets the burden of establishing that any of the three exceptions to the statute of limitations applies. |
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Kremer v. State
2021 ND 195 |
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State v. Suelzle
2021 ND 194
Highlight: A driver weaving within their lane in traffic can rise to reasonable and articulable suspicion to justify a traffic stop. |
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State v. Jensen
2021 ND 193 Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Kukert
2021 ND 192
Highlight: Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances. |
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Dunford v. Tryhus, et al.
2021 ND 191 Highlight: District court orders dismissing child abuse complaint and denying request for a hearing are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and single costs and attorney’s fees are awarded under N.D.R.App.P. 38. |
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Dunford v. Tryhus, et al.
2021 ND 191 |
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Behle v. Harr
2021 ND 190
Highlight: Litigants may not contradict themselves to manufacture factual disputes for purposes of avoiding summary judgment. |
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Interest of A.S.F. (CONFIDENTIAL)
2021 ND 189 Highlight: A subsequent, summarized order for publication does not restart the time to appeal a termination of parental rights. An untimely notice of appeal leaves the Supreme Court without jursidiction to consider the appeal. |
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Interest of A.S.F. (CONFIDENTIAL)
2021 ND 189 |
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Matter of Reciprocal Discipline of Ruffenach
2021 ND 188 Highlight: Lawyer suspended. |
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Matter of Reciprocal Discipline of Ruffenach
2021 ND 188 |
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State v. Woodruff
2021 ND 187 Highlight: Criminal judgment entered after a jury found the defendant guilty of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Slappy v. Slappy, et al.
2021 ND 186
Highlight: To modify primary residential responsibility after two years, the moving party must meet the requirements of the statutory framework, including that there has been a material change in circumstances of the child or the parties, and that modification is necessary for the best interests of the child. |
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State v. Deleon
2021 ND 185 Highlight: The evidence was sufficient to support the defendant’s conviction of possession of certain materials prohibited. |
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Interest of K.H. (CONFIDENTIAL) (consolidated w/20210246 & 20210247)
2021 ND 184 Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of K.H. (CONFIDENTIAL) (consolidated w/20210246 & 20210247)
2021 ND 184 |
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Kerzmann v. Kerzmann
2021 ND 183
Highlight: To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6). |
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Wheeler v. State (consolidated with 20210168 & 20210169)
2021 ND 182 Highlight: Orders denying leave to file new motions or papers are not appealable. |
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Wheeler v. State (consolidated with 20210168 & 20210169)
2021 ND 182 |
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Estate of Nelson
2021 ND 181 Highlight: District court orders denying motions for relief under N.D.R.Civ.P. 60(b)(6) are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4), and double costs and attorney fees are awarded under N.D.R.App.P. 38. |
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State v. Reddog
2021 ND 180 Highlight: Criminal conviction for robbery with a firearm, destructive device, or other dangerous weapon and conspiracy to commit felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Urrabazo
2021 ND 179 Highlight: A criminal judgment for delivery of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Urrabazo
2021 ND 179 |
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Interest of D.H.H. (CONFIDENTIAL)
2021 ND 178 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of D.H.H. (CONFIDENTIAL)
2021 ND 178 |
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Brickle-Hicks v. State
2021 ND 177 Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Clemens
2021 ND 176 Highlight: A district court order awarding restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Clemens
2021 ND 176 |
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State v. Marsolek
2021 ND 175 Highlight: A traffic stop has not been unlawfully prolonged if the officer has reasonable suspicion to believe further criminal activity is afoot. |
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State v. Demerais
2021 ND 174
Highlight: Criminal conviction for aggravated assault summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Thomas v. State
2021 ND 173
Highlight: Expert testimony is admissible whenever specialized knowledge will assist the trier of fact. |
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City of Jamestown v. Nygaard
2021 ND 172
Highlight: “When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” N.D.C.C. § 1-02-05. |
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Continental Resources v. Armstrong, et al.
2021 ND 171
Highlight: An argument is without merit if the party does not provide supportive reasoning or citations to relevant authorities. |
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RTS Shearing v. BNI Coal
2021 ND 170
Highlight: Parties to a contract may incorporate contractual terms by reference to a separate, noncontemporaneous document, including a separate agreement to which they are not parties, and including a separate document which is unsigned. |
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Galvanizers, et al. v. Kautzman, et al.
2021 ND 169
Highlight: The district court must make sufficient findings of fact and conclusions of law after a bench trial to allow review of its decision on appeal. |
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Carpenter v. State
2021 ND 168 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Sims v. Sims
2021 ND 167 Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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WSI v. Badger Roustabouts
2021 ND 166
Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test. |
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Fleck v. State
2021 ND 165 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Muscha
2021 ND 164
Highlight: A district court must specify facts on which its conclusions are based that a sexually dangerous individual continues to have serious difficulty controlling his behavior. Both past conduct and present conduct are relevant to determine whether an individual continues to have serious difficulty controlling his behavior. The conduct need not be sexual in nature. |
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 163
Highlight: In addition to state law requirements for parental termination, the requirements of the Indian Child Welfare Act, 25 U.S.C. § 1912, must be met in cases involving an Indian child as defined by the Act. |
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Manning v. Jaeger, et al.
2021 ND 162
Highlight: To intervene as a matter of right, a person must establish on timely motion that 1) the person has a cognizable interest in the subject matter of the litigation, 2) the interest may be impaired as a result of the litigation, and 3) the interest is not adequately represented by an existing party to the litigation. |
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State v. Johnson
2021 ND 161
Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor. |
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Hartman, et al. v. Grager
2021 ND 160
Highlight: Before a court may set aside a transaction on the ground of mental incapacity, the party attacking the validity of the transaction has the burden to prove the grantor, at the time of the transaction, was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction. |