Search Tips

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.

601 - 650 of 12382 results

State v. Schaf 2023 ND 81
Docket No.: 20220323
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

State v. Hannesson 2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Ordering a mistrial is an extreme remedy that is only appropriate when there is a fundamental defect or occurrence at trial that makes it evident that continuing would be productive of manifest injustice.

Curative jury instructions will generally remove prejudice caused by a prosecutor’s improper statements because a jury is presumed to follow the district court’s instructions.

State v. Hannesson 2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Hanson v. Hettervig, et al. 2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order of contempt and an amended order of contempt and award of attorney’s fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Hanson v. Hettervig, et al. 2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Fietzek v. Fietzek 2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: A district court’s finding on a valuation of real property is not clearly erroneous if it is within the range of evidence presented.

A district court’s finding on economic fault will not be reversed unless the finding is clearly erroneous.

A district court has broad discretion to award attorney’s fees.

An award of spousal support must be supported by sufficient findings.

Fietzek v. Fietzek 2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

State v. Frederick 2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: In the instance of an alleged public trial violation, an appellant must demonstrate the public was excluded from a proceeding taking place during trial, and that the proceeding was substantive in nature.

A district court closing a proceeding to the public is significantly different from the court failing to make an adequate record of a bench conference conducted in an open trial. An inadequate record is not equivalent to a closed trial.

To demonstrate that an inadequate record affects a defendant’s substantial rights, the defendant must demonstrate the record cannot be adequately supplemented or reconstructed.

A violation of Appendix 1, Standard 7(d), N.D. Sup. Ct. Admin. R. 9 is not per se reversible error.

State v. Frederick 2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Sandberg v. WSI, et al. 2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Sandberg v. WSI, et al. 2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: WSI can exercise continuing jurisdiction under N.D.C.C. § 65-05-04, but is limited by the law-of-the-case doctrine.

N.D.C.C. § 65-05-15 applies when a prior injury known in advance of the work injury has caused previous interference with physical function, the progression of which is substantially worsened by a compensable injury.

Estate of Lindbo 2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan

Highlight: A personal representative is entitled to reasonable compensation for the personal representative’s services.

A district court’s decision whether to award personal representative’s fees will not be reversed on appeal absent an abuse of discretion. The court’s underlying findings of fact will be upheld unless clearly erroneous.

Estate of Lindbo 2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan

Krueger v. Krueger 2023 ND 74
Docket No.: 20220333
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court’s order on spousal support and contempt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of K.B. (CONFIDENTIAL) 2023 ND 73
Docket No.: 20230086
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order requiring hospitalization is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.S. (CONFIDENTIAL) 2023 ND 72
Docket No.: 20230062
Filing Date: 4/13/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is affirmed under N.D.R.App.P. 35.1(a)(2) & (4).

Jahner v. NDDHS 2023 ND 71
Docket No.: 20220313
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: This Court exercises limited review in appeals from administrative agency decisions. However, the application and interpretation of a statute is a question of law, which is fully reviewable in an administrative appeal.

Jahner v. NDDHS 2023 ND 71
Docket No.: 20220313
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

State v. Jacobs 2023 ND 70
Docket No.: 20220280
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Jacobs 2023 ND 70
Docket No.: 20220280
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Jones v. Rath 2023 ND 69
Docket No.: 20220239
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A disorderly conduct restraining order must be supported by specific findings of intent to adversely affect the safety, security, or privacy of another person.

Jones v. Rath 2023 ND 69
Docket No.: 20220239
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

State v. Neugebauer 2023 ND 68
Docket No.: 20220174
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A criminal sentence finalized before enactment of a statute cannot be reduced.
Statutes are not retroactive unless expressly declared to be so.
Statutes enacted in response to United States Supreme Court cases are not an idle act by the Legislature.

State v. Neugebauer 2023 ND 68
Docket No.: 20220174
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). 

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Martinez v. State 2023 ND 66
Docket No.: 20220281
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A party moving for a new trial is limited on appeal to the issues raised in its new trial motion.

A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court’s judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.

A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

Highlight: An insurance policy is a contract. An insurance contract relates to the parties executing it. Litigants cannot claim estoppel based on policies to which they are not a party; nor can they claim waiver of a provision in a policy they have no right to enforce.

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A Batson challenge includes a three-step inquiry: (1) A defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; (2) If that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and, (3) In light of the parties’ submissions, the trial court must determine whether the defendant has shown purposeful discrimination.

The burden for showing purposeful discrimination rests upon the opponent of the peremptory strike.

In reviewing challenges to the sufficiency of the evidence on appeal, the defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Section 39-08-01(1), N.D.C.C., provides that refusal to submit to a chemical test and driving or being in actual physical control while under the influence of an intoxicating liquor are separate offenses.

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Interest of D.H. (CONFIDENTIAL) 2023 ND 60
Docket No.: 20230057
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Richardson v. State 2023 ND 59
Docket No.: 20220291
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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).

Bauer v. Bauer 2023 ND 58
Docket No.: 20220330
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: An amended judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: The structural error doctrine applies to a narrow class of rights, including three Sixth Amendment rights defining the framework of a trial: the right to counsel, the right to self-represent, and the right to a public trial. Voir dire falls within the scope of public trials under the Sixth Amendment.

A structural error affects the framework within which a trial proceeds and therefore renders the trial fundamentally unfair or an unreliable vehicle for determining guilt or innocence.

When a transcript is available to the public after the trial, all of the values of public access are preserved.

The de novo standard of review to whether facts rise to the level of a constitutional violation, including a claim that prosecutorial misconduct denied a defendant’s due process right to a fair trial.

Appellate review of a criminal sentence is generally limited to determining whether the district court acted within the statutory sentencing limits or substantially relied upon an impermissible factor.

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. K.J.A. (Confidential) 2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.

Highlight: Section 25-03.3-04, N.D.C.C., precludes a court from destroying records early under N.D.R.Juv.P. 19(e) when the alleged offense is an offense defined in N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2.

State v. K.J.A. (Confidential) 2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.

A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.

Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement.

An adequate record for review of a special assessment commission’s determination must include a showing of how the commission determined the project benefit.

A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.

Issues not raised in the district court cannot be raised for the first time on appeal.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A district court judgment dismissing a party’s claims is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court must make specific findings regarding whether a material change in circumstances resulted in a general decline or adversely affected the children in order to modify primary residential responsibility.

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Page 13 of 248