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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.

1321 - 1330 of 12359 results

Matter of Emelia Hirsch Trust 2021 ND 142
Docket No.: 20210144
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

State v. Cochran 2021 ND 141
Docket No.: 20200355
Filing Date: 8/5/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: Law enforcement may not search an individual’s home without a warrant unless the search falls within one of the recognized exceptions to the warrant requirement. Under the common-area, co-occupant consent exception, a co-occupant of a shared residence may consent to searches of the common areas of the residence.

This Court will not set aside a district court’s decision simply because the court may have applied an incorrect reason if the result is the same under the correct law and reasoning.

Dwyer v. Sell, et al. 2021 ND 139
Docket No.: 20200188
Filing Date: 8/5/2021
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: General rules of interpretation of written instruments apply to the construction of trust documents.

When a trust agreement is unambiguous, the settlor’s intent is ascertained from the language of the agreement itself.

Under N.D.C.C. § 47-05-17, the right of access to land to hunt game animals or game birds may not be severed from the surface estate.

In the Matter of the Adoption of M.E. (CONFIDENTIAL) 2021 ND 138
Docket No.: 20210172
Filing Date: 7/29/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights in connection with a petition for adoption is summarily affirmed under N.D.R.AppP. 35.1(a)(2) and (4).

In the Matter of the Adoption of M.E. (CONFIDENTIAL) 2021 ND 138
Docket No.: 20210172
Filing Date: 7/29/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

State v. Schmidt, et al. 2021 ND 137
Docket No.: 20210156
Filing Date: 7/22/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: Rule 32(c)(2), N.D.R.Crim.P., does not provide the district court with authority to order that defense counsel be allowed to be present for a psycho-sexual evaluation. The district court has no authority under section 12.1-01-04(26), N.D.C.C., to order the Department of Human Services to allow defense counsel to be present during such an evaluation. A defendant’s Sixth Amendment right to counsel is satisfied when defense counsel is given notice and an opportunity to consult with the defendant prior to the evaluation.

State v. Schmidt, et al. 2021 ND 137
Docket No.: 20210156
Filing Date: 7/22/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Tufte, Jerod E.

City of West Fargo v. McAllister, et al. 2021 ND 136
Docket No.: 20200324
Filing Date: 7/22/2021
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship.

A district court should articulate in writing the reasons supporting its decision to grant certification under N.D.R.Civ.P. 54(b).

State v. Stands 2021 ND 135
Docket No.: 20210053
Filing Date: 7/22/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A person standing in an open doorway is in a public place and may be arrested without a warrant permitting entry into the home.

Investigatory stops are justified if there is reasonable and articulable suspicion a person has committed or is about to commit a crime.

Evidence should not be suppressed or excluded as fruit of the poisonous tree unless the alleged illegality is at least a but-for cause of obtaining the evidence.

Williams v. Williams, et al. 2021 ND 134
Docket No.: 20210014
Filing Date: 7/22/2021
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court’s decision to modify parenting time may be affirmed, despite sparse findings of fact, when its rationale is clear from the record.

Section 14-09.2-08, N.D.C.C., only requires a specific good-cause finding when the district court terminates or modifies a parenting coordinator’s appointment on its own motion.

Due process requires parties receive adequate notice and a fair opportunity to be heard.

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