Opinions
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1501 - 1600 of 12418 results
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State v. Spillum
2021 ND 25
Highlight: If a motion for judgment of acquittal was made at trial on specified grounds, and those grounds did not include the claim on appeal, the defendant does not preserve that issue for this Court’s review. |
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Davis v. Davis, et al.
2021 ND 24
Highlight: Failure to provide a non-moving party the allotted time to respond under N.D.R.Ct. 3.2(a)(2) is a misapplication of law. |
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Stoddard v. Singer
2021 ND 23
Highlight: A district court’s findings of fact will not be reversed on appeal unless clearly erroneous. |
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Estate of Johnson
2021 ND 22
Highlight: In an informal, unsupervised probate, an order settling all claims of one claimant is final, even if there are pending claims by other claimants. |
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Swanson v. Larson, et al.
2021 ND 0216
Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party. |
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Swanson v. Larson, et al.
2021 ND 0216 |
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State v. Youngbird
2021 ND 21
Highlight: A district court has jurisdiction to amend a criminal judgment to include restitution when the State files the motion to amend within the time limit imposed by the court during sentencing. |
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Johnson v. Menard
2021 ND 19
Highlight: During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal. |
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State v. Watson
2021 ND 18 Highlight: A defendant may not withdraw a guilty plea after the court has imposed a sentence unless the defendant proves that withdrawal is necessary to correct a manifest injustice. |
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Willprecht v. Willprecht
2021 ND 17
Highlight: A district court’s use, on remand, of its previous Ruff-Fischer guidelines analysis is not by itself clearly erroneous. |
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State v. Bear King
2021 ND 16 Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Interest of A.R.S. (CONFIDENTIAL)(consolidated w/ 20200200)
2021 ND 15 Highlight: District court judgment finding children are deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Munzal v. State
2021 ND 14 Highlight: An 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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Matter of Didier
2021 ND 13 Highlight: A district court order denying request 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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R & F Financial Services v. North American Building Solutions, et al.
2021 ND 12
Highlight: All contracts entered into by the parties must be construed together, and only the provisions in the latter contracts which are inconsistent with the prior contracts will supersede. |
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State v. Casatelli
2021 ND 11
Highlight: A district court’s decision on a motion to suppress will be affirmed if there is sufficient competent evidence fairly capable of supporting the trial court’s findings and the decision is not contrary to the manifest weight of the evidence. |
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Interest of M.M. (CONFIDENTIAL) (consolidated w/20200336 - 20200339)
2021 ND 10 Highlight: An order terminating mother’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Rivera-Rieffel
2021 ND 9 Highlight: Criminal conviction for murder and child abuse is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Young v. Burleigh Morton Detention Center, et al.
2021 ND 8
Highlight: A violation of the Sixth Amendment right to counsel does not occur unless the government knowingly intrudes into the attorney-client relationship and the intrusion prejudices the defendant or creates a substantial threat of prejudice. |
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State v. Aune
2021 ND 7 Highlight: A defendant may not challenge a jury verdict as inconsistent based upon an alleged error he invited by requesting an instruction on a lesser included offense. If a defendant does not object to the introduction of prior convictions at sentencing, and the prior convictions were not relied upon to enhance the term of incarceration, the appropriate standard of review is obvious error. It is not error to consider a defendant’s prior convictions as a part of their criminal history under N.D.C.C. § 12.1-32-04 if there has been no showing that the prior convictions were uncounseled and without proper waiver. |
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Estate of Seidel v. Seidel, et al.
2021 ND 6
Highlight: The primary purpose in interpreting a deed is to ascertain and effectuate the grantor’s intent at the time of the conveyance. The intent must be ascertained from the writing alone, if possible. |
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Neppel, et al. v. Development Homes, et al.
2021 ND 5
Highlight: The district court did not abuse its discretion when it denied an untimely motion to amend the complaint. |
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State v. Evanson (consolidated w/20200057)
2021 ND 4 Highlight: When a defendant fails to object to the introduction of prior convictions at sentencing, and the court did not substantially rely on the convictions as the basis for enhancing a defendant’s sentence or increasing their offense level, obvious error is the appropriate standard of review. A defendant cannot establish obvious error if they cannot first establish that an error has occurred. |
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Brendel Construction v. WSI
2021 ND 3
Highlight: On review of an administrative law judge’s findings of fact, this Court determines only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record. |
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Potts v. City of Devils Lake, et al.
2021 ND 2 Highlight: Under North Dakota law no public policy exception to the at-will employment doctrine exists for law enforcement officers who act in self-defense. |
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Melaas v. Diamond Resorts U.S. Collection Development
2021 ND 1
Highlight: An order compelling arbitration and dismissing the action is appealable. |
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Interest of Buller
2020 ND 270
Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata. |
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Atkins v. State
2020 ND 269 Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings. |
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State v. Hirschkorn
2020 ND 268
Highlight: A district court’s decision to exclude evidence on the basis it lacks adequate foundation lies within its sound discretion and will not be reversed on appeal absent an abuse of discretion that affected substantial rights. |
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McCarvel, et al. v. Perhus, et al.
2020 ND 267
Highlight: A district court’s finding that plaintiffs obtained property through boundary by acquiescence is affirmed. |
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State v. Foote
2020 ND 266
Highlight: This Court, in its review, will not weigh conflicting evidence or judge the credibility of witnesses. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence. |
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State v. Sackenreuter
2020 ND 265
Highlight: N.D.C.C. § 39-08-01(1)(f) is clear and unambiguous. |
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Twete v. Mullin, et al.
2020 ND 264 Highlight: As adopted in North Dakota, the Uniform Trust Code (U.T.C.) does not provide for a statutory award of attorney’s fees in cases of breach of trust. The adoption of the U.T.C. without Section 1006 did not displace the limited authority to award attorney’s fees under the common law in cases of breach of trust. The common fund exception does not apply to cases of breach of trust in which the action was brought by the sole beneficiary of the trust. |
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NBS Consulting v. Harris, et al.
2020 ND 263 Highlight: An eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Lindstaedt v. George
2020 ND 262
Highlight: A district court’s finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous. |
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State v. Rodriguez
2020 ND 261 Highlight: A defendant cannot successfully argue their waiver of the Sixth Amendment right to counsel was not voluntary, knowing, and intelligent when the record demonstrates the defendant’s clear desire to represent himself despite an understanding of the risks therein. To challenge a conviction based on the sufficiency of the evidence on appeal, a defendant must move for a judgment of acquittal under N.D.R.Crim.P. 29 at trial. This Court may not consider whether a district court obviously erred if an appellant fails to argue obvious error on appeal. |
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Discover Bank v. Hornbacher
2020 ND 260 Highlight: A stipulation providing for entry of judgment in an amount certain followed by an agreed payment schedule to avoid execution is sufficient to require a district court to enter judgment according to the stipulation. |
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Sather v. Sather
2020 ND 259
Highlight: A divorce judgment is final if the district court adjudicates all claims in the divorce proceeding, and does not reserve disposition of an issue. |
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Three Aces Properties v. United Rentals (North America)
2020 ND 258 Highlight: Cost of repairs or diminution of value are both appropriate measure of damages for a breach of contract claim related to a duty to repair under a lease. |
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Everett v. State
2020 ND 257 Highlight: Orders denying leave to file are not appealable. |
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Curtiss v. State
2020 ND 256
Highlight: Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack. |
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State v. Bolme
2020 ND 255
Highlight: Under the reasonable suspicion standard, an officer is not required to see a motorist violating a traffic law or rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation. |
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Rentz v. BNSF Railway Co.
2020 ND 254
Highlight: Rule 615, N.D.R.Ev., serves the twin purposes of (1) preventing one witness’ testimony from influencing the testimony of other witnesses; and (2) aiding in detecting false testimony and credibility issues. |
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Kuntz v. Leiss, et al.
2020 ND 253
Highlight: A property owner must prove actual injury to recover more than nominal damages on a trespass claim. |
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City of Fargo v. Hofer
2020 ND 252 Highlight: A search warrant does not cure defects in an implied consent advisory if the officer is administering a chemical test under the implied consent statute. |
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Burgum v. Jaeger, et al.
2020 ND 251
Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate. |
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Wisham v. State
2020 ND 250 Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition. |
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Estate of Moore
2020 ND 249
Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous. |
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State v. Polk
2020 ND 248
Highlight: A victim’s testimony alone is sufficient to establish all the elements of a crime. |
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State v. Conry
2020 ND 247 Highlight: The State possesses no statutory right to appeal a restitution order in a criminal case. |
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State v. Richardson
2020 ND 246 Highlight: Criminal conviction for felony reckless endangerment summarily affirmed under N.D.R.App.P 35.1(a)(3). |
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Christianson v. NDDOT
2020 ND 245
Highlight: The Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota’s driving under the influence offense for purposes of N.D.C.C. § 39-06-27(1). The Department has jurisdiction to suspend an operator’s license for a conviction under the Canadian statute. |
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State v. Wilkinson
2020 ND 244 Highlight: Criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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WSI v. Oden
2020 ND 243
Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff. |
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Grengs v. Grengs
2020 ND 242
Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal. |
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State v. Vaagen
2020 ND 241
Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court. |
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Krolik v. Muscha
2020 ND 240 Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court. |
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Interest of K.R.C.W. (CONFIDENTIAL)
2020 ND 239 Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights. |
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Burden v. State
2020 ND 238 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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State v. Gates
2020 ND 237 Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error. |
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Estate of Lindvig (consolidated w/20200136)
2020 ND 236
Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing. |
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State, et al. v. P.K. (Confidential)
2020 ND 235
Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d). |
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MDU v. Behm
2020 ND 234
Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal. |
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Gooss v. Gooss, et al.
2020 ND 233
Highlight: The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act (“UIFSA”). |
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Jundt v. NDDOT
2020 ND 232 Highlight: The implied consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual consents to a chemical test. |
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State v. Hajicek
2020 ND 231
Highlight: Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer. |
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Vacancy in Judgeship No. 5, Northeast Judicial District
2020 ND 230 Highlight: The vacancy in Judgeship No. 5 at Cavalier and Langdon, Northeast Judicial District, will be filled in the manner provided by N.D.C.C. Chapter 27-25. |
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Disciplinary Board v. Hibl
2020 ND 229 Highlight: Lawyer disbarred. |
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Discover Bank v. Bolinske, Sr.
2020 ND 228 Highlight: This Court will not consider documents in a party’s appendix that did not appear in the district court’s record under N.D.R.App.P. 30(a)(1). A party is not entitled to oral argument on a motion to vacate unless they follow the requirements of N.D.R.Ct. 3.2(a)(3) and secure a time for the argument within 14 days of the request. Issues not adequately briefed will not be addressed on appeal. A party’s appearance, without a pleading showing a meritorious defense, does not protect a party from default judgment. The district court was not required under N.D.R.Civ.P. 52(a)(3) to set forth findings of fact in its order denying the motion to vacate. |
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Estate of Finstrom (Consolidated with 20190361)
2020 ND 227
Highlight: Undue influence is improper influence exercised over a grantor in such a way and to such an extent as to destroy his or her voluntary action by substituting for his will the will of another. |
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Matter of Hehn
2020 ND 226 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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Titan Machinery v. Kluver
2020 ND 225
Highlight: In a bench trial, the district court decides credibility issues, and we will not second-guess the district court on its credibility decisions. |
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Hunter v. State
2020 ND 224
Highlight: Claims barred by res judicata are not preserved in post-conviction relief proceedings by combining them with claims of ineffective assistance of counsel. |
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WSI v. Tolman
2020 ND 223
Highlight: Statutory interpretation presents a question of law. Statutory provisions are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears. |
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Thiele v. Bousquet, et al.
2020 ND 222 Highlight: A summary judgment in a personal injury action is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Yost v. State (consolidated w/20200149-2020151)
2020 ND 221 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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Gonzalez v. State
2020 ND 220 Highlight: A district court’s 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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State v. Lubitz
2020 ND 219 Highlight: Criminal conviction for murder summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Hoffarth v. Hoffarth
2020 ND 218 |
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Ring v. NDDHS
2020 ND 217 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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State v. Long
2020 ND 216
Highlight: A district court’s order denying the defendant’s motion to dismiss is affirmed. |
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City of Minot v. Miller
2020 ND 215 Highlight: Exclusion of a chemical test through the application of N.D.C.C. § 39-20-01(b) is not an available remedy in a criminal proceeding not involving a refusal. |
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State v. Trefethren
2020 ND 214 Highlight: Criminal judgment entered after a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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G & D Enterprises v. Liebelt
2020 ND 213
Highlight: The duty which gives rise to a nuisance claim is the absolute duty not to act in a way which unreasonably interferes with other persons’ use and enjoyment of their property. |
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Bickel v. Bickel
2020 ND 212
Highlight: If the district court finds certain past income is an unreliable indicator of the obligor’s future income, the court must explain why the income it utilized in determining the child support obligation was appropriate. |
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Toure v. State
2020 ND 211 Highlight: A district court’s 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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Beyer v. State
2020 ND 210 Highlight: An 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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Interest of C.A.R. (CONFIDENTIAL)
2020 ND 209
Highlight: A party seeking termination of parental rights must prove all the elements by clear and convincing evidence. |
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State v. Devine
2020 ND 208 Highlight: The exclusionary rule previously codified within N.D.C.C. § 39-20-01(3)(b) did not apply to a test obtained pursuant to N.D.C.C. § 39-20-01.1. |
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Bismarck Financial Group, et al. v. Caldwell
2020 ND 207
Highlight: A motion to dismiss under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the claims in the complaint, and it must not be granted unless it discloses with certainty the impossibility of proving a claim upon which relief can be granted. |
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Suelzle v. NDDOT
2020 ND 206
Highlight: A person may be arrested for actual physical control of a vehicle while under the influence of alcohol if the vehicle is located on private property in a private area to which the public has a right of access. |
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Hall v. Hall, et al.
2020 ND 205
Highlight: A district court has greater liberty in granting motions under N.D.R.Civ.P. 60(b) when the matter involves a default judgment rather than a judgment following a full trial on the merits. |
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RFM-TREI Jefferson Apartments v. Stark County Board of Comm'rs (consol w/ cont)
2020 ND 204
Highlight: An assessment that exceeds the true and full value of property is contrary to N.D.C.C. § 57-23-01, which provides that “assessments of any taxable property in excess of the full and true value in money are subject to correction and abatement and refund.” When a Board denies a request to abate such an assessment, it acts contrary to the legislature’s directive, and the Court will conclude the abatement denial is arbitrary and unreasonable. |
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Onstad v. Jaeger, et al.
2020 ND 203
Highlight: Section 16.1-01-08, N.D.C.C., authorizes a court to order the secretary of state to correct an error which has been committed in printing the ballot, and does not place a time limitation on the court’s authority to order the correction of a ballot before the election. |
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O'Keeffe v. O'Keeffe
2020 ND 201
Highlight: An award of spousal support is rehabilitative when it is ordered to provide the receiving spouse an opportunity to acquire an education, training, work skills, or experience to increase earning capacity or to become self-supporting. |
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State v. Edwards
2020 ND 200
Highlight: Failure to assert a claim of obvious error on appeal does not warrant review under the obvious error standard. |
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Velasquez v. State
2020 ND 199 Highlight: The order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Tolbert
2020 ND 198 Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Woelfel v. Gifford
2020 ND 197
Highlight: Post-judgment modification of residential responsibility is governed by statute which provides the standard for a court to apply. |
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Cass County Joint Water Resource District v. Aaland, et al.
2020 ND 196
Highlight: Under Rule 8, N.D.R.App.P., the Court has the authority to grant a stay pending appeal. |