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.
1601 - 1700 of 12426 results
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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. |
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Laufer v. Doe
2020 ND 159 Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18. |
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State v. Metz
2020 ND 158 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Banyee (consolidated w/ 20190281)
2020 ND 157 Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Harrison v. State
2020 ND 156 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. Helm
2020 ND 155 Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court. |
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City of Jamestown v. Schultz
2020 ND 154 Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test. |
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Norby v. Hinesley, et al.
2020 ND 153
Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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Holter v. City of Mandan
2020 ND 152
Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property. |
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State v. Harstad
2020 ND 151 Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct. |
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Zundel v. Zundel, et al.
2020 ND 150
Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous. |
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State v. Kuntz
2020 ND 149 Highlight: A district court’s order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Wisnewski v. Wisnewski
2020 ND 148
Highlight: The domestic violence presumption under N.D.C.C. § 14-09-29(2) is only rebutted by clear and convincing evidence. |
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Lavallie v. Jay, et al.
2020 ND 147
Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived. |
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Grove v. NDDOT
2020 ND 146
Highlight: When a party fails to raise an issue at an administrative hearing, the issue is normally precluded from review on appeal. We will reverse a district court’s decision when the basis of the decision was not raised in the administrative hearing. |
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Nat'l Parks Conservation Assn., et al. v. ND Dep't of Environmental Quality, et
2020 ND 145
Highlight: An agency’s reasonable interpretation of a regulation is entitled to deference, and an agency’s decision in complex or technical matters involving agency expertise is entitled to appreciable deference. |
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State v. Pouliot
2020 ND 144
Highlight: The 2019 amendment to N.D.C.C. § 39-20-01(3)(b) limits the scope of the exclusion of evidence “to proof of refusals” in an “administrative proceeding.” |
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Franciere v City of Mandan
2020 ND 143
Highlight: A judgment granting dismissal based on lack of personal jurisdiction due to insufficient service is modified to dismiss without prejudice, and affirmed as modified. |
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Truelove v. State
2020 ND 142 Highlight: A district court’s order denying an application for post-conviction relief after finding that counsel’s representation was not ineffective was not clearly erroneous. |
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Kalmio v. State
2020 ND 141 Highlight: Orders denying postconviction relief and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Dale Exploration, et al. v. Hiepler, et al.
2020 ND 140
Highlight: Under the law of the case doctrine, a party cannot relitigate issues on a second appeal which were resolved in the first appeal or which would have been resolved if they had been properly presented in the first appeal. |
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State v. Blake
2020 ND 139 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Poole v. State
2020 ND 138 Highlight: A district court’s order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Stoneart OFS LLC, et al. v. WSI
2020 ND 137 Highlight: A district court judgment affirming an administrative law judge’s order is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. James
2020 ND 136
Highlight: The deprivation of the right to counsel is a structural error. This Court reviews an alleged denial of a defendant’s right to counsel de novo. |
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Brown v. Brown
2020 ND 135 Highlight: A “full hearing” under N.D.C.C. § 14-07.1-02(4) requires a petitioner to prove his or her petition through testimony, rather than affidavits alone. |
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Oien v. State
2020 ND 134 Highlight: The denial of a defendant’s application for post-conviction relief for misuse of process is affirmed pursuant to N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Bethancorth
2020 ND 133 Highlight: A criminal judgment for criminal trespass entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Kremer v. State
2020 ND 132
Highlight: To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution’s case, or there was a realistic potential for a lower sentence. A defendant’s subjective, self-serving statement that, with competent advice, he would have insisted on going to trial is insufficient to establish prejudice under Strickland in a plea bargain situation. |
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Avery v. Boysen
2020 ND 131
Highlight: A party seeking relief in motions for reconsideration and for new trial has the burden to affirmatively establish the district court abused its discretion denying the motions. |
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Nelson, et al. v. Nelson
2020 ND 130
Highlight: This Court will dismiss an appeal as moot if the issues become academic and there is no actual controversy left to be determined. |
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Matter of Emelia Hirsch Trust
2020 ND 129 Highlight: District court orders denying a motion to vacate and prohibiting a vexatious litigant from filing new or additional litigation are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Davies v. State (consolidated w/ 20190341 & 20190342)
2020 ND 128 Highlight: A district court judgment dismissing 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. Mooney
2020 ND 127 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Rustad v. Baumgartner
2020 ND 126
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. |
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Estate of Sande
2020 ND 125
Highlight: Affirmative defenses must be pled or are waived. |
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State v. Powley (consolidated w/ 20190324)
2020 ND 124
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. |
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State v. Selzler (consolidated w/ 20190357)
2020 ND 123 Highlight: A district court’s order granting a motion to suppress evidence subsequent to an invalid traffic stop of a vehicle is affirmed. |
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State v. Stenbak
2020 ND 122 Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. McGowen
2020 ND 121 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. |
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State v. Washington
2020 ND 120 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. |
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State v. Soucy
2020 ND 119 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. |
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State v. Yoney
2020 ND 118
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. |
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Morales v. State
2020 ND 117 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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Gerving v. Gerving, et al.
2020 ND 116 Highlight: In divorce cases, the district court must make an equitable property distribution. |
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Kling v. NDDOT
2020 ND 115 Highlight: A district court judgment affirming an administrative suspension of driving privileges for a period of 91 days is affirmed under N.D.R.App.P. 35.1(a)(7). |
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Axtman v. Axtman
2020 ND 114
Highlight: Under N.D.R.Civ.P. 60(a), a district court may amend a judgment to correct a mistake resulting from an oversight or omission that causes the judgment to fail to reflect the court’s intent. |
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Voigt v. Nelson
2020 ND 113
Highlight: Section 8.6, N.D.R.Ct., governs parenting investigators and incorporates the code of conduct. The code of conduct provides a parenting investigator should aggressively strive to achieve professional independence and objectivity. |
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Dellinger v. Wolf, et al.
2020 ND 112 Highlight: The Declaratory Judgment Act does not provide statutory authorization for immediate appeals of decisions concerning insurers’ duty to defend. |
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Thiel v. Thiel
2020 ND 111 Highlight: District court orders denying motions for continuance and for appointment of a parenting investigator and a divorce judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Sims v. Sims, et al.
2020 ND 110
Highlight: Extended parenting time with a fit non-custodial parent is routinely awarded if the child is old enough, absent a reason for denying it. |
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Horvath v. State
2020 ND 109 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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Traynor Law Firm v. State, et al.
2020 ND 108 Highlight: A district court judgment determining the State is responsible to pay attorney’s fees for removal of a county officer is affirmed and awarding interest at 6% per year is reversed. |
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Jacobs-Raak v. Raak, et al.
2020 ND 107
Highlight: Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable. |
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State v. Wayland
2020 ND 106 Highlight: Although the reason for the continuance is absent from the record, under de novo review a district court did not violate the Appellant’s right to a speedy trial by continuing the trial to a later date. |
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Albrecht v. Albrecht, et al.
2020 ND 105
Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint. |
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Arnold, et al. v. Trident Resources, et al.
2020 ND 104 Highlight: A district court’s order imposing sanctions for contempt did not provide a sufficient record to review the appropriateness of the sanction. |
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Decker v. WSI, et al.
2020 ND 103 Highlight: District court judgment affirming an administrative law judge’s decision denying further workers’ compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Hewitt v. NDDOT
2020 ND 102
Highlight: Copies of official Department of Transportation records may be certified as correct by Department employees who are not acting in a director capacity. |
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State v. Michel
2020 ND 101
Highlight: A district court’s response to a jury request for supplemental instructions is reviewed for an abuse of discretion. |