Opinions
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1301 - 1400 of 12418 results
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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the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge.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. |
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Estate of Finch
2021 ND 159
Highlight: A decision on a petition to remove a personal representative rests within the district court’s sound discretion. |
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Schulz v. Helmers
2021 ND 158 Highlight: Contract damages for breaching a duty to maintain buildings in a lease are measured by the lesser of the cost to repair and the diminution in value of the property when avoiding windfalls or economic waste. |
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Interest of T.L.E. (CONFIDENTIAL)
2021 ND 157 Highlight: A district court’s orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of T.L.E. (CONFIDENTIAL)
2021 ND 157 |
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Interest of G.J.E.P. (CONFIDENTIAL) (consolidated with 20210189)
2021 ND 156 |
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Interest of G.J.E.P. (CONFIDENTIAL) (consolidated with 20210189)
2021 ND 156 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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Pinkney v. State
2021 ND 155
Highlight: Whether to grant a motion for a continuance rests within the district court’s discretion. |
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State v. Lyman
2021 ND 154 Highlight: The district court did not abuse its discretion when it admitted blood test results into evidence over the Defendant’s foundational objections that the State failed to prove scrupulous compliance with the approved method for collecting and submitting a blood specimen. |
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Dubois v. State
2021 ND 153
Highlight: Counsel’s failure to raise a novel or groundbreaking legal claim does not constitute ineffective assistance of counsel. |
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State v. Boger
2021 ND 152
Highlight: A mistake of fact may support reasonable suspicion for a traffic stop if the mistake was objectively reasonable. |
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Lerfald v. Lerfald
2021 ND 150 Highlight: A party moving to modify parenting time must establish that a material change of circumstances has occurred since entry of the prior parenting time order and that modification is in the child’s best interests. |
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Klundt v. Benjamin, et al.
2021 ND 149
Highlight: In proceedings relating to a motion to modify primary residential responsibility, a prima facie case warranting an evidentiary hearing consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. |
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Isxaaq v. State (consolidated w/ 20210067 & 20210068)
2021 ND 148 Highlight: Whether an applicant for post-conviction relief adequately understands English without an interpreter is a finding of fact that will be affirmed on appeal if not clearly erroneous. An applicant cannot establish prejudice on an ineffective assistance of counsel claim alleging their attorney did not properly advise them on the immigration consequences of pleading guilty if the applicant offers only self-serving, subjective testimony that, with competent advice, they would have rejected a plea and proceeded to trial. An applicant must offer some evidence contemporaneous with the entry of the guilty plea to substantiate that the applicant would have gone to trial if he had known the deportation consequences of pleading guilty. |
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Bahmiller v. WSI, et. al.
2021 ND 147
Highlight: A workers’ compensation claimant is not entitled to receive benefits if the claimant fails to file a written claim for benefits within the specified time under N.D.C.C. § 65-05-01. |
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Zepeda, et al. v. Cool, et al.
2021 ND 146
Highlight: Before dismissing an action for failure to prosecute under N.D.R.Civ.P. 41(b), a district court must consider several competing factors including a court’s need to manage its docket, the public interest in expeditious resolution of litigation, and the risk of prejudice to adverse parties from delay. The court must balance these factors against the great reluctance to impose the harsh remedy of dismissal based upon our policy favoring disposition of cases on their merits. |
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City of Fargo v. Roehrich
2021 ND 145
Highlight: Whether a law is unconstitutional is a question of law, which is fully reviewable on appeal. |
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Bilger v. Bilger
2021 ND 144
Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal. |
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Bearce v. Yellowstone Energy Development
2021 ND 143
Highlight: Where you have a closely held company, the law imposes a fiduciary duty upon the governors and majority shareholders to act in good faith, and affords remedies to minority shareholders if those in control act fraudulently, illegally, or in a manner unfairly prejudicial toward any shareholder. |
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Matter of Emelia Hirsch Trust
2021 ND 142 Highlight: An order denying a motion to vacate an order reforming a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (7). |
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Matter of Emelia Hirsch Trust
2021 ND 142 |
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State v. Cochran
2021 ND 141
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. |
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Dwyer v. Sell, et al.
2021 ND 139
Highlight: General rules of interpretation of written instruments apply to the construction of trust documents. |
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In the Matter of the Adoption of M.E. (CONFIDENTIAL)
2021 ND 138 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). |
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In the Matter of the Adoption of M.E. (CONFIDENTIAL)
2021 ND 138 |
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State v. Schmidt, et al.
2021 ND 137 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. |
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State v. Schmidt, et al.
2021 ND 137 |
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City of West Fargo v. McAllister, et al.
2021 ND 136
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. |
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State v. Stands
2021 ND 135
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. |
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Williams v. Williams, et al.
2021 ND 134
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. |
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Froehlich v. Froehlich, et al.
2021 ND 133
Highlight: Under N.D.R.App.P. 4(a)(1), a party has 60 days from service of notice of entry of the judgment to file an appeal. |
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Yoney v. State
2021 ND 132 Highlight: This Court, on its own motion, may notice errors to which no objection has been taken if the errors are obvious or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings. |
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Smith v. Isakson, et al. (consolidated with 20210057)
2021 ND 131
Highlight: Citizens of our state may have greater protections under the North Dakota Constitution than the United States Constitution. |
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Vacancy in Judgeship No. 9, South Central Judicial District
2021 ND 130 Highlight: Judgeship retained at Mandan. |
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Vacancy in Judgeship No. 9, South Central Judicial District
2021 ND 130 |
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Matter of O.H.W. (CONFIDENTIAL)
2021 ND 129 Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Scott v. Scott
2021 ND 128 Highlight: A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown. |
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City of Lincoln v. McCorkell
2021 ND 127 Highlight: A criminal judgment for driving under suspension is summarily affirmed under N.D R.App.P. 35.1(a)(7). |
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Hussiene v. NDDOT
2021 ND 126
Highlight: Evidence supported a hearing officer’s finding that a highway patrol trooper had a reasonable and articulable suspicion to stop a motorist for failure to stop at a red light. |
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State v. Crites
2021 ND 125 Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3) and (4). |
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Eubanks v. Fisketjon, et al.
2021 ND 124
Highlight: The district court erred when it included half of an obligor and his roommate’s share of rent owed to a landlord as the obligor’s income for purposes of calculating child support. |
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City of Lincoln v. Schuler
2021 ND 123
Highlight: This Court will affirm a district court decision regarding a motion to suppress if there is sufficient competent evidence fairly capable of supporting the district court’s findings, and the decision is not contrary to the manifest weight of the evidence. |