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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.

1681 - 1690 of 12359 results

Northern States Power v. Mikkelson, et al. 2020 ND 54
Docket No.: 20190227
Filing Date: 3/3/2020
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The amount of damages caused by an eminent domain taking is an issue of fact to be decided by the trier of fact.

Schulke v. NDDOT 2020 ND 53
Docket No.: 20190328
Filing Date: 3/2/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: Section 39-20-14(1), N.D.C.C., establishes that drivers are deemed to have provided consent to submit to a screening test when the driver commits a traffic offense or is involved in an accident and, in conjunction with the traffic violation or accident, law enforcement formulates an opinion the driver’s body contains alcohol; It does not require the screening test to be conducted at the location of the stop.

State v. Mohammed 2020 ND 52
Docket No.: 20190280
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Sufficient evidence supports the criminal judgment finding the defendant guilty of gross sexual imposition. Therefore, the district court did not abuse its discretion when it denied the defendant’s motion for acquittal.

State v. Ovind 2020 ND 51
Docket No.: 20190351
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency.
Non-indigent defendants also have the right to court-appointed counsel, at their own expense, if they are unable to secure the assistance of counsel.
An appellant assumes the consequences and the risk of failing to file a transcript on appeal, and this Court will not review an issue if the record on appeal does not allow a meaningful and intelligent review of the district court’s alleged error.

State v. Marcum 2020 ND 50
Docket No.: 20190229
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Exclusion of evidence is not the proper remedy when law enforcement acts in good faith upon objectively reasonable reliance that a warrant was properly issued.
Sufficient competent evidence capable of supporting the district court’s findings exists, and its decision is not contrary to the manifest weight of the evidence.
Sufficient evidence supports finding the defendant had a prior conviction for an equivalent offense, and residue in a pipe supports the conviction for possession of methamphetamine.

Rieger v. Ackerman, et al. 2020 ND 49
Docket No.: 20190197
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: District courts have broad discretion in partition actions to do equity and make a fair division of the property or proceeds between the parties and have wide flexibility in ordering proper relief for the parties.
There is no bright-line rule in deciding whether great prejudice would result from a partition.

State v. McAllister 2020 ND 48
Docket No.: 20190188
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: The district court did not err when it limited cross-examination of a victim regarding the victim’s interest in obtaining restitution.

The district court did not err when it ordered the defendant to pay restitution for injuries the defendant was convicted of causing.

Northwest Grading, Inc. v. North Star Water, LLC, et al. 2020 ND 47
Docket No.: 20190128
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Rule 37(b)(2)(A)(ii), N.D.R.Civ.P., permits a district court to sanction a party in violation of a discovery order by prohibiting the disobedient party from supporting or opposing a claim or defense with evidence not disclosed under the discovery order.

Where there are offsetting damages awards between two parties, the proper method of calculating prejudgment interest is to first determine the net award and then determine interest on that net amount.

Smithberg v. Jacobson, et al. 2020 ND 46
Docket No.: 20190369
Filing Date: 2/27/2020
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: When an appellate court remands a case for a trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law.

Interest of E.K. (CONFIDENTIAL) 2020 ND 44
Docket No.: 20200034
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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