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 12418 results
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Sherman v. Guillaume, et al.
2022 ND 26 |
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State v. Clairmont
2022 ND 25 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. Clairmont
2022 ND 25 |
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Divide County v. Stateline Service, et al. (consolidated w/20210017)
2022 ND 24 Highlight: A road restriction is not published for purposes of N.D.C.C. § 39-12-03(2)(a) unless the information is available in the typical location where a user seeking such information would expect to find it. |
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Bubel v. Bubel
2022 ND 23 |
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Friesz v. State
2022 ND 22 |
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Friesz v. State
2022 ND 22
Highlight: An applicant has the burden to support their application for post-conviction relief with competent admissible evidence once the State moves for summary dismissal. |
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State v. Martinez
2022 ND 21 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) as the defendant failed to move to dismiss based on a speedy trial violation. |
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State v. Martinez
2022 ND 21 |
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Simmons v. Cudd Pressure Control, et al.
2022 ND 20
Highlight: Contractual waiver requires a right or privilege a party is legally entitled to enforce. |
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Simmons v. Cudd Pressure Control, et al.
2022 ND 20 |
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Anderson v. Pedie, et al.
2022 ND 19
Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge. |
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Anderson v. Pedie, et al.
2022 ND 19 |
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State v. Bolinske, Sr.
2022 ND 18
Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours. |
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State v. Bolinske, Sr.
2022 ND 18 |
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Fischer v. Hoyt
2022 ND 17
Highlight: Recovery of attorney’s fees by a prevailing plaintiff under N.D.C.C. § 27-08.1-04 is available after the defendant removes a small claims action to the district court. |
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Fischer v. Hoyt
2022 ND 17 |
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Pomarleau v. Pomarleau, et al.
2022 ND 16
Highlight: A district court may consider whether an obligor made a voluntary change in employment, and if they find the obligor did, the district court has the discretion to base the obligor’s child support income based on the previous, higher income. |
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Wald v. Hovey, et al.
2022 ND 15 Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is precluded if the judge has ruled upon any matter pertaining to the action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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Wald v. Hovey, et al.
2022 ND 15 |
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Plaisimond v. State
2022 ND 14 Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Plaisimond v. State
2022 ND 14 |
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Estate of Beach
2022 ND 13
Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting. |
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Armstrong v. Helms
2022 ND 12
Highlight: The North Dakota Century Code and North Dakota Administrative Code provide extensive laws and regulations related to oil and gas development, including the reclamation of oil wells and bond terms. |
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Armstrong v. Helms
2022 ND 12 |
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Matter of Shane Lance Yates
2022 ND 11 Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters. |
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Matter of Shane Lance Yates
2022 ND 11 |
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Matter of Amy Jo Yates
2022 ND 11 Highlight: A district court did not abuse its discretion in denying petitions for name changes when the petitions requested changes in the capitalization of the names from all capital letters to initial capital letters followed by lowercase letters. |
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Matter of Amy Jo Yates
2022 ND 11 |
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Brendel Construction v. WSI
2022 ND 10
Highlight: Under N.D.C.C. § 65-04-04(1), workforce insurance premium liability must be based on a proportion of the annual expenditure of money by the employer for the service of persons. |
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Brendel Construction v. WSI
2022 ND 10 |
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State v. Mayland
2022 ND 9
Highlight: The statutory remedy provided in N.D.C.C. § 39-20-01(a) is limited to administrative proceedings where the driver refused to take a chemical test. |
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State v. Mayland
2022 ND 9 |
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Vic Christensen Mineral Trust v. Enerplus Resources Corp., et al.
2022 ND 8 Highlight: An oil and gas operator may suspend royalty payments to the mineral owner in the event of a dispute of title existing that would affect distribution of royalty payments. The operator shall make royalty payments to those mineral owners whose title and ownership interest is not in dispute. |
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State v. Castleman
2022 ND 7 Highlight: The ordinary meaning of “mental injury” as used in N.D.C.C. § 14-09-22(1) requires mental suffering and trauma that has some lasting, non-transitory effect. |
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Livingston v. WSI, et al.
2022 ND 6 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). |
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Livingston v. WSI, et al.
2022 ND 6 |
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Lebeau v. State
2022 ND 5 Highlight: A district court order summarily dismissing a second application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Lebeau v. State
2022 ND 5 |
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Muscha v. Krolik, et al.
2022 ND 4
Highlight: Evidence that is suppressed in a criminal case may be admissible in a subsequent civil proceeding. |
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Muscha v. Krolik, et al.
2022 ND 4 |
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State v. Dargbeh
2022 ND 3 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. |
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State v. Dargbeh
2022 ND 3 |
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Gerving v. Gerving, et al.
2022 ND 2
Highlight: The district court must comply with the child support guidelines in calculating a parent’s child support obligation. |
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Tergesen, et al. v. Nelson Homes
2022 ND 1
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. |
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Tergesen, et al. v. Nelson Homes
2022 ND 1 |
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Matter of Knoke
2021 ND 240
Highlight: The district court’s probable cause determination in a civil commitment case becomes moot once the commitment hearing is held. |
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State v. Carrillo
2021 ND 239
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. |
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State v. Carrillo
2021 ND 239 |
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Estate of Smith
2021 ND 238
Highlight: In a proceeding initiated as informal probate, extensive litigation can convert the proceedings into formal probate. |
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Estate of Smith
2021 ND 238 |
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Taszarek, et al. v. Lakeview Excavating, et al.
2021 ND 237
Highlight: When the Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue based on the evidence already before it or may take additional evidence. |
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Cavare v. Kjelgren
2021 ND 236
Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable. |
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State v. Roberts
2021 ND 235
Highlight: Corroboration of an accomplice’s testimony is required under N.D.C.C. § 29-21-14. The corroboration need not establish a prima facie case, but must tend to connect the defendant with the crime. |
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State v. Roberts
2021 ND 235 |
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Heggem v. Heggem
2021 ND 234 Highlight: An order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Heggem v. Heggem
2021 ND 234 |
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Hehr v. Hehr
2021 ND 233 Highlight: A district court’s distribution of marital property in a divorce proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Hehr v. Hehr
2021 ND 233 |
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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 |