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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.

1611 - 1620 of 12359 results

Rustad v. Baumgartner 2020 ND 126
Docket No.: 20190276
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The “law of the case” doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.
A parent moving to modify parenting time must show that a material change in circumstances has occurred since entry of the prior parenting time order and that modification is in the child’s best interests.
A district court’s decision on parenting time is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

Estate of Sande 2020 ND 125
Docket No.: 20190171
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Affirmative defenses must be pled or are waived.
Whether there is an accord and satisfaction or the existence of a waiver are questions of fact.
Whether a personal representative breached a fiduciary duty is a question of fact.

State v. Powley (consolidated w/ 20190324) 2020 ND 124
Docket No.: 20190323
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Warrantless search of a parolee’s cell phone was reasonable where the probationer was incarcerated for aggravated assault, the parolee’s conditions of parole included a search clause, and law enforcement officers had reasonable suspicion parolee’s cell phone contained communications between parolee and victim of aggravated assault.
Conditions of parole may apply when a person is incarcerated until such time as parole is terminated or revoked.

State v. Selzler (consolidated w/ 20190357) 2020 ND 123
Docket No.: 20190355
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: A district court’s order granting a motion to suppress evidence subsequent to an invalid traffic stop of a vehicle is affirmed.

State v. Stenbak 2020 ND 122
Docket No.: 20190401
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. McGowen 2020 ND 121
Docket No.: 20190225
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: The district court did not abuse its discretion by granting a continuance. Evidence was sufficient to support guilty verdicts, and the district court did not err when it ordered the defendant to pay restitution for injuries caused by the defendant’s assaults.

State v. Washington 2020 ND 120
Docket No.: 20190320
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: A district court properly denied a motion to suppress by correctly applying the remedy for unlawful official conduct in a preventing-arrest case by permitting the defendant to raise the factual defense of unlawfulness.

State v. Soucy 2020 ND 119
Docket No.: 20190329
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Judicial notice is governed by N.D.R.Ev. 201. A district court must take notice only if a party requests it and supplies the court with the necessary information.

State v. Yoney 2020 ND 118
Docket No.: 20190269
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party. The obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to errors waived through the doctrine of invited error.

This Court reviews an alleged inconsistent verdict by examining both the law of the case and the evidence to determine whether the verdict is logical and probable or whether it is perverse and clearly contrary to the evidence.

Under N.D.R.Crim.P. 52(a), an error that does not affect substantial rights is harmless and must be disregarded.

Morales v. State 2020 ND 117
Docket No.: 20200019
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Section 29-32.1-01, N.D.C.C., only permits a person who has been convicted of a crime to apply for post-conviction relief. When a criminal judgment has been reversed and remanded by this Court an individual has not been convicted of a crime and is not entitled to post-conviction relief.

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