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.
1301 - 1400 of 12359 results
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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. |
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Dietzler v. Dietzler
2021 ND 122 Highlight: The judgment of the district court is summarily affirmed as not clearly erroneous under N.D.R.App.P. 35.1(a)(2). |
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WSI v. Kemmet
2021 ND 121 Highlight: A district court’s summary judgment and denial of post-judgment motion are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6). |
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State v. Eggleston
2021 ND 120 Highlight: Constitutional issues not appropriately raised in the district court will not be considered for the first time on appeal. |
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State v. Jensen
2021 ND 119
Highlight: When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings. |
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State v. Lelm
2021 ND 118
Highlight: The State bears the burden to prove a warrantless search falls within an exception to the warrant requirement. |
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Decker v. WSI
2021 ND 117 Highlight: Statutory requirements for filing an appeal from an administrative agency decision are jurisdictional, and the appellant must satisfy the statutory requirements for the district court to acquire subject matter jurisdiction over the appeal. |
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State v. Van Der Heever
2021 ND 116
Highlight: Information from a tip may provide the factual basis for an investigative stop. In evaluating whether the factual basis for a stop meets the legal standard of reasonable and articulable suspicion, we consider the totality of the circumstances. |
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Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124)
2021 ND 115 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.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124)
2021 ND 115 |
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Thompson v. State
2021 ND 114 Highlight: A district court’s dismissal of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133)
2021 ND 113 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 C.G. (CONFIDENTIAL)(consolidated w/ 20210133)
2021 ND 113 |
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State v. Gedrose
2021 ND 111
Highlight: A statute enjoys a presumption of constitutionality unless it is clearly shown that it contravenes the state or federal constitution. |
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Abdi v. State
2021 ND 110 Highlight: An application for post-conviction relief alleging constitutionally ineffective assistance of counsel under Padilla v. Kentucky was properly denied where the applicant failed to meet his burden to show he pleaded guilty to an offense mandating his removal and he was advised he may be deported. An applicant who argues they did not knowingly, intelligently, or voluntarily, enter their plea alleging they received ineffective assistance of counsel cannot establish a manifest injustice will result if they cannot withdraw their plea where they did not establish they received ineffective assistance of counsel. |
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State v. Schweitzer
2021 ND 109
Highlight: To claim a violation of his or her due process rights, a defendant must show the State acted in bad faith when it failed to preserve evidence. |
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Johnshoy v. Johnshoy
2021 ND 108
Highlight: A prima facie case 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. A “material change” is an important new fact that was unknown at the time of the prior custody decision. To establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility. |
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Comes v. State
2021 ND 107 Highlight: The statutory remedy of post-conviction relief pursuant to N.D.C.C. ch. 29-32.1 is not available to provide relief for disciplinary measures, custodial treatment, or other violations of civil rights of a convicted person occurring after the imposition of sentence. |
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 106
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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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 106 |
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Pennington, et al. v. Continental Resources
2021 ND 105
Highlight: Under the law of the case doctrine, a party cannot in a second appeal relitigate issues which were resolved in the first appeal or which would have been resolved had they been properly presented in the first appeal. |
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Guardianship and Conservatorship of S.M.H.
2021 ND 104
Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable. |
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State v. Black
2021 ND 103
Highlight: When reviewing a district court’s finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances. |
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State v. Coleman
2021 ND 102 Highlight: An order deferring imposition of sentence entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Howard (consolidated w/ 20200301)
2021 ND 101
Highlight: An order dismissing a complaint, information, indictment, or any count thereof, with or without prejudice, is appealable under N.D.C.C. § 29-28-07(1). |
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Boutrous v. Transform Operating Stores, et al.
2021 ND 100
Highlight: Under N.D.R.Civ.P. 54(b), if an action presents more than one claim for relief, or if multiple parties are involved, the district court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities. |
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Boutrous v. Transform Operating Stores, et al.
2021 ND 100 |
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PLS Services v. Clear Creek Retirement Plan, et al.
2021 ND 99
Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim. |
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McDougall, et al. v. AgCountry Farm Credit Services, et al.
2021 ND 98
Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same. |
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WSI v. Felan, et al.
2021 ND 97
Highlight: Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. |
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Mistic v. Mistic
2021 ND 96 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders
2021 ND 95
Highlight: If the obligation a lien secures is satisfied, the lien is extinguished and no longer valid. |
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Dixon v. Dixon
2021 ND 94 Highlight: Appeal dismissed in supervised administration of a trust due to lack of a final order or judgment, or a N.D.R.Civ.P. P. 54(b) certification. |
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State v. Mitchell
2021 ND 93
Highlight: An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause. |
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Froistad v. State
2021 ND 92
Highlight: When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable. |
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Lyons v. State
2021 ND 91 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) and (7). |
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Interest of J.B. (CONFIDENTIAL)
2021 ND 90 Highlight: The condition that the court may order community placement only when the executive director files a petition requesting it satisfies procedural due process and does not violate the separation of powers doctrine. |
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State v. Louser, et al.
2021 ND 89
Highlight: A district court’s role to approve or reject amendments to criminal charges does not violate the separation of powers doctrine. |
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Kruger, et al. v. Goossen
2021 ND 88 Highlight: A district court’s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous. |
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State v. Riggin
2021 ND 87
Highlight: Upon the declaration of a state of emergency, the North Dakota Disaster Act of 1985 vests with the governor emergency management powers. |
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Blasi, et al. v. Bruin E&P Partners, et al. (consol. w/ 20200328-331)
2021 ND 86
Highlight: The following royalty provision in an oil and gas lease unambiguously establishes a royalty valuation point at the well: |
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Pemberton v. State (consolidated w/20200182)
2021 ND 85
Highlight: To be convicted of attempted murder, the accused must have an intent to kill. Attempted “knowing” murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(1)(a) is a non-cognizable offense. |
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Zander, et al. v. Morsette
2021 ND 84
Highlight: In a wrongful death action, a plaintiff is entitled to damages for injuries resulting from the death. Damages resulting from negligence preceding the death is not compensable under N.D.C.C. §§ 32-21-02 or 32-03.2-04. |
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Atkins v. State
2021 ND 83
Highlight: A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court. |
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Lizakowski v. Lizakowski
2021 ND 82 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38. |
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City of West Fargo v. Medbery
2021 ND 81
Highlight: This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court’s decision on a motion to suppress if there is competent evidence capable of supporting the court’s findings, and the decision is not contrary to the manifest weight of the evidence. |
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State v. Lafromboise
2021 ND 80 Highlight: A district court’s decision to grant an extension or a continuance for good cause will not be reversed on appeal unless the court abused its discretion. |
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Interest of K.V. (CONFIDENTIAL)
2021 ND 79
Highlight: Concerns about officer safety may justify a pat down search for weapons, but a subsequent pocket search must be justified as independently reasonable because they are distinct efforts. A pat down may justify a pocket search when an officer’s tactile perceptions lead to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband. |
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Shaw v. State
2021 ND 78 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) and (7). |
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Interest of P.F. (CONFIDENTIAL) (consolidated w/20200284)
2021 ND 77 Highlight: A juvenile court order finding children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of J.O. (CONFIDENTIAL)
2021 ND 76
Highlight: The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated. |
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Sollin, et al. v. Klein
2021 ND 75
Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court. |
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N.B. et al. v. Terwilliger, et al.
2021 ND 74
Highlight: When a district court answers a jury’s question on a point of law, it is further instructing the jury. |
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Schmitz v. State Board of Chiropractic Examiners
2021 ND 73 Highlight: A court must accept as true the well-pleaded allegations in the complaint for purposes of a motion to dismiss under N.D.R.Civ.P. 12(b)(6). |
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City of Glen Ullin, et al. v. Schirado, et al.
2021 ND 72
Highlight: Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved. |
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City of Jamestown v. Casarez
2021 ND 71
Highlight: An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits. |
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Big Pines v. Baker, et al.
2021 ND 70
Highlight: A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional. |
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State v. Landis
2021 ND 69 Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3). |
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State ex rel. Stenehjem v. Maras, et al.
2021 ND 68
Highlight: The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims. |