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.
701 - 750 of 12382 results
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State v. Knight
2023 ND 26 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Knight
2023 ND 26 |
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State v. Bowen
2023 ND 25
Highlight: A district court may infer that an event did not occur on the basis of a witness’s testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred. |
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State v. Bowen
2023 ND 25 |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24
Highlight: A district court does not violate North Dakota Supreme Court Rule 52(4) by offering to reschedule a hearing so that a defendant may speak with counsel or by allowing a defendant to withdraw their request to speak with counsel. |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24 |
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Kitzan v. Kitzan, et al.
2023 ND 23
Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation. |
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Kitzan v. Kitzan, et al.
2023 ND 23 |
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Jensen v. Jensen, et al.
2023 ND 22 Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children. |
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Jensen v. Jensen, et al.
2023 ND 22 |
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Interest of R.S.
2023 ND 21 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Knutson v. Foughty, et al.
2023 ND 20 Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 |
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Hoffman v. Hoffman, et. al.
2023 ND 18
Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3). |
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Hoffman v. Hoffman, et. al.
2023 ND 18 |
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Keidel v. WSI, et al.
2023 ND 17
Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment. |
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Keidel v. WSI, et al.
2023 ND 17 |
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Larson Latham Huettl v. Iversen
2023 ND 16
Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract. |
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Larson Latham Huettl v. Iversen
2023 ND 16 |
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Reed v. Reed, et al.
2023 ND 15 Highlight: For child support purposes the definition of income is very broad and is intended to include any form of payment to an obligor, regardless of source, which is not specifically excluded under the guidelines. |
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Reed v. Reed, et al.
2023 ND 15 |
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Sadek, et al. v. Weber, et al.
2023 ND 14
Highlight: Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case. |
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Sadek, et al. v. Weber, et al.
2023 ND 14 |
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Cook v. State
2023 ND 13 |
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Cook v. State
2023 ND 13 Highlight: A district court judgment denying petitioner’s application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12
Highlight: A district court’s decision to grant an extension or discovery order is discretionary and will not be overturned unless the court abuses its discretion. |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12 |
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Vacancy in Judgeship No. 2, SCJD
2023 ND 11 Highlight: Judgeship retained at Bismarck. |
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State v. Moore
2023 ND 10 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Moore
2023 ND 10 |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9
Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections. |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9 |
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State v. Krall
2023 ND 8
Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence. |
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State v. Krall
2023 ND 8 |
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Quamme v. Quamme
2023 ND 7
Highlight: In determining an obligor’s child support obligation, the court errs as a matter of law if it does not comply with the child support guidelines. |
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Quamme v. Quamme
2023 ND 7 |
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State v. Smith
2023 ND 6
Highlight: A party may not challenge on appeal an alleged error invited by that party. |
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State v. Smith
2023 ND 6 |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4
Highlight: When a party files a motion for a new trial under N.D.R.Civ.P. 59, review on appeal is limited to the grounds presented in the motion. |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4 |
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State v. Banerjee
2023 ND 3 Highlight: Dismissal of motions requesting a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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State v. Banerjee
2023 ND 3 |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. When a trust instrument is unambiguous, the settlor’s intent is ascertained from the language of the trust document itself. |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 |
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Norberg v. Norberg, et al.
2023 ND 1 Highlight: When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate. |
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Washington v. Job Service, et al.
2022 ND 238 Highlight: A judgment affirming Job Service’s decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Washington v. Job Service, et al.
2022 ND 238 |