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.
1501 - 1600 of 12382 results
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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. |
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Interest of J.F. (CONFIDENTIAL)(consolidated with 20200089)
2020 ND 195 Highlight: An appeal from 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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Sadek, et al. v. Weber, et al.
2020 ND 194
Highlight: For the tort of deceit, one who willfully deceives another with intent to induce that person to alter that person’s position to that person’s injury or risk is liable for any damage which that person thereby suffers. |
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Jorgenson v. NDDOT
2020 ND 193 Highlight: To preserve an issue for appeal, an argument must be raised before the administrative hearing officer and identified in the specifications of error on appeal to the district court. |
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Environmental Law & Policy Center, et al. v. N.D. Public Svc. Commission, et al.
2020 ND 192
Highlight: The Administrative Agencies Practice Act governs an appeal from a decision of the Public Service Commission. |
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State v. Silk
2020 ND 191 Highlight: Order revoking defendant’s probation and amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Oversen, et al. v. Jaeger
2020 ND 190 Highlight: The secretary of state does not have a duty to certify a new nomination and place the new nominee’s name on the general election ballot as a candidate for a statewide executive branch office when a vacancy on the ballot occurs after the primary election, if the vacancy did not occur as a result of one of the conditions listed in N.D.C.C. § 16.1-11-18(6). |
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Estate of Grenz
2020 ND 189 Highlight: A district court’s decision to invalidate a portion of a decedent’s will based on undue influence and to give effect to a portion of a contingent distribution clause is affirmed. |
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City of West Fargo v. Olson, et al.
2020 ND 188
Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists. |
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Muhlbradt, et al. v. Pederson, et al.
2020 ND 187
Highlight: Deeds are construed in the same manner as contracts with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent. |
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Kvande v. Thorson
2020 ND 186
Highlight: Laches is the delay in enforcing a person’s rights that disadvantages another, and a party asserting laches must prove he was so prejudiced during the delay that he cannot be restored to status quo. |
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City of Glen Ullin, et al. v. Schirado, et al.
2020 ND 185 Highlight: A district court’s application of res judicata to claims concerning rights to real property is partially affirmed and partially reversed. |
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Koffler v. Koffler
2020 ND 184 Highlight: A child support obligor’s self-induced reduction in income generally does not constitute a material change in circumstances warranting a modification of a child support obligation. |
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State v. M.J.W. (consol. w/20200009-20200010)
2020 ND 183
Highlight: Section 12-60.1-02(1)(a), N.D.C.C., authorizes an individual to petition the district court to seal a criminal record only when the individual had not been charged with a new crime for at least three years from the date of release from incarceration, parole, or probation. |
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Woodrock, et al. v. McKenzie Cty.
2020 ND 182
Highlight: A contract to supply aggregate materials to a county stockpile is not a contract for the “construction of a public improvement” under N.D.C.C. ch. 48-01.2. |
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Gimbel v. Magrum, et al.
2020 ND 181 Highlight: A district court judgment determining real estate was not acquired by adverse possession or acquiescence is affirmed. |
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Instasi v. Hiebert
2020 ND 180 Highlight: A court of this state may modify a child custody determination made by a court of another state if the court of the other state determines it no longer has exclusive, continuing jurisdiction or that a court of this state would be a more convenient forum. |
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Wilkinson, et al. v. Board of University and School Lands of the State of N.D.
2020 ND 179
Highlight: Chapter 61-33.1, N.D.C.C., governs the State’s sovereign land mineral ownership of the riverbed segments subject to inundation by the Pick-Sloan Missouri basin project dams and provides a process for determining ownership and returning funds incorrectly paid to the State. |
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Berg v. Jaeger, et al.
2020 ND 178
Highlight: The supreme court, in exercising its original jurisdiction, may issue a writ of injunction to restrain the commission or continuance of an act. |
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Haugen, et al. v. Jaeger, et al.
2020 ND 177 Highlight: The full-text requirement in N.D. Const. art. III, § 2, prohibits a petition to initiate a measure that would amend the Constitution from incorporating a statute by reference. |
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Krile v. Lawyer
2020 ND 176
Highlight: In deciding a motion to dismiss under N.D.R.Civ.P. 12(b)(6), district courts may consider materials embraced by the pleadings and materials that are part of the public record without converting the motion to a summary judgment under N.D.R.Civ.P. 56. |
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Sorum, et al. v. State, et al.
2020 ND 175
Highlight: Where the State has a legal obligation that becomes unenforceable by the passage of a statute of limitations, the Legislative Assembly may waive or extend the limitation period to revive a previously valid claim against the State without making a prohibited “donation” within the meaning of the gift clause. |
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Wald v. Wald
2020 ND 174
Highlight: A real property owner may testify about the value of the land without any further qualification or special knowledge. |
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State v. Greenshields
2020 ND 173
Highlight: A district court’s dismissal of a criminal complaint with prejudice is reviewed on appeal for an abuse of discretion. |
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Fredericks, et al. v. Vogel Law Firm, et al.
2020 ND 171
Highlight: Res judicata prevents relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties or their privies. |
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City of Fargo v. Wieland
2020 ND 170
Highlight: A district court’s order denying a request for post-judgment interest is affirmed. |
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Interest of K.V. (CONFIDENTIAL)
2020 ND 169 Highlight: This Court defers to a juvenile court’s assessment of credibility, but if the court does not make specific findings, this Court is left to speculate as to the law and facts the court relied on in denying a motion. |
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Beam v. WSI, et. al.
2020 ND 168
Highlight: A party appealing a hearing officer’s decision must file “reasonably specific” specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed. |
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Schroeder, et al. v. State
2020 ND 167
Highlight: The State is immune from liability for claims relating to an injury directly or indirectly caused by the performance of a public duty, including the State’s duty to maintain the interstate and keep it in good and safe condition for general public use. |
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State v. Arends
2020 ND 166 Highlight: A district court order revoking probation and second criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Varty v. Varty
2020 ND 165
Highlight: The district court abuses its discretion when it misinterprets or misapplies the law. |
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A.R. Audit Services Inc. v. Young
2020 ND 164 Highlight: District court order denying motion for relief under N.D.R.Civ.P. 60(b)(1) is summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7). |
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State v. Lindquist
2020 ND 163 Highlight: A criminal judgment and an order denying a motion to suppress are affirmed under N.D.R.App.P. 35.1(a)(2),(7). |
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Interest of Skorick
2020 ND 162
Highlight: At a civil commitment hearing, the testimony and reports of an expert who conducted an examination are admissible. |
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McCormick, et al. v. Fredericks
2020 ND 161
Highlight: Jury instructions should fairly inform the jury of the law applicable to the case and fairly cover the claims made by both sides of the case. Jury instructions are reviewed as a whole, and are sufficient if they correctly advise the jury of the law. |
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State v. Scott
2020 ND 160
Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy. |