Opinions
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7151 - 7200 of 12389 results
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Anderson v. Foss, et al.
1 0.N.W3 d570
Highlight: A district court did not abuse its discretion when setting the commencement date for the new child support obligation one year from the date of the motion to modify. |
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McKenzie Electric Coop., Inc. v. El-Dweek, et al.
1 5.N.W3 d12 |
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Disciplinary Board v. Spencer
003 N.W.3d 122 |
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Northstar Center v. Lukenbill Family Partnership, et al.
1 4.N.W3 d45
Highlight: Summary judgment should not constitute mini-trials of factual issues and is not appropriate when the court must draw inferences or make findings on disputed facts. |
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Morales v. Weatherford U.S., et al.
6.N.W3 d657 Highlight: Recovery under a theory of negligence requires a plaintiff to show the defendant owed a duty of care. Whether a duty exists is a legal question to be decided on the facts. Under premises liability law, landowners owe a general duty to lawful entrants to maintain their property in a reasonably safe condition in view of all the circumstances. A landowner's duty to protect entrants upon the land or warn of dangerous conditions is limited when the dangerous condition is known or obvious to the entrant. Roadways present an open and obvious danger to pedestrians of being struck by vehicular traffic. A landowner may have a duty to protect against open and obvious dangers when there is reason to expect that an entrant's attention may be distracted. The distraction exception is not available when the plaintiff is the source of inattention. |
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Interest of H.J.J.N.
9.N.W3 d656 Highlight: An amended judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Brown v. State
6.N.W3 d823
Highlight: The definition of official detention does not preclude custody while on probation. |
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Peltier v. State (consolidated w/20230392)
Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2). |
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Vacancy in Judgeship No. 8, ECJD
Highlight: Vacancy retained at Fargo |
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Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378)
002 N.W.3d 228 Highlight: A juvenile court errs when it relies on facts which are outside of the evidentiary record when exercising its discretion to terminate parental rights. |
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Dimmler v. Dimmler, et al.
Highlight: Complete valuation of a remainder interest includes consideration of the debt secured by a mortgage on the real estate. |
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Albertson v. Albertson
996 N.W.2d 662
Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision. |
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State v. Brame
993 N.W.2d 338
Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea. |
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Legacie-Lowe v. Lowe
990 N.W.2d 592 |
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Goetz v. Goetz, et al.
988 N.W.2d 553 |
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Martinez v. State
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Queen v. Martel, et al.
980 N.W.2d 914 |
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Norberg v. Norberg, et al.
977 N.W.2d 711 |
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Interest of A.C. (CONFIDENTIAL)
975 N.W.2d 567 |
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Matter of Rose Henderson Peterson Mineral Trust
974 N.W.2d 372 |
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Disciplinary Board v. Baird (consolidated w/ 20210329-20210330)
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
961 N.W.2d 293 |
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Ring v. NDDHS
950 N.W.2d 142 Highlight: When ruling on a motion for substitution upon a party’s death, the district court must determine whether the case was extinguished by the death, and if not, whether the party seeking substitution is the proper successor. |
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Lavallie v. Jay, et al.
945 N.W.2d 288
Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived. |
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Atkins v. State
952 N.W.2d 239 Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings. |
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Cass County Joint Water Resource District v. Aaland, et al.
948 N.W.2d 829
Highlight: Under Rule 8, N.D.R.App.P., the Court has the authority to grant a stay pending appeal. |
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Matter of Hehn
949 N.W.2d 848 Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a). |
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Holter v. City of Mandan
946 N.W.2d 524
Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property. |
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Carlson v. Carlson
938 N.W.2d 413
Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. |
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Caster v. State
931 N.W.2d 223
Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings. |
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Interest of G.L.D. (CONFIDENTIAL)
936 N.W.2d 539 Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion. |
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Thomas v. Thomas
936 N.W.2d 109 |
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Interest of T.A.G. (CONFIDENTIAL)
926 N.W.2d 702 |
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Matter of Kulink
920 N.W.2d 446 Highlight: A district court order denying 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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In the Matter of Finstad (CONFIDENTIAL)
874 N.W.2d 910 Highlight: Transferred to incapacity to practice law status. |
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Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273)
904 N.W.2d 479 Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. |
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Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072)
903 N.W.2d 83 Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact. |
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Disciplinary Board v. Varriano
872 N.W.2d 338 Highlight: Lawyer reinstatement ordered. |
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Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434)
894 N.W.2d 378 Highlight: Lawyer disbarred. |
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Petition to Permit Temporary Provision of Legal Services
920 N.W.2d 908 Highlight: Order on petition for temporary lawyer practice. |
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O'Hara v. Schneider
890 N.W.2d 831
Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law. |
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Interest of Nelson
889 N.W.2d 879
Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior. |
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Curtiss v. Curtiss
886 N.W.2d 565
Highlight: The district court may conduct the best interest analysis for each individual child before ordering modification of parenting time. |
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Wojahn v. Levi
861 N.W.2d 173 Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Beylund v. Levi
859 N.W.2d 403 Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions. |
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State v. Timm
881 N.W.2d 256 Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Mann
876 N.W.2d 710
Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8. |
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State v. Kordonowy
867 N.W.2d 690
Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague. |
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State v. Baxter
863 N.W.2d 208 |
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State v. Harns
861 N.W.2d 173 Highlight: Driving under the influence conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |