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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.

1691 - 1700 of 12446 results

Nelson, et al. v. Nelson 2020 ND 130
Docket No.: 20190347
Filing Date: 6/8/2020
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: This Court will dismiss an appeal as moot if the issues become academic and there is no actual controversy left to be determined.

The failure to obtain a stay pending appeal may moot issues raised on appeal.

Matter of Emelia Hirsch Trust 2020 ND 129
Docket No.: 20200047
Filing Date: 6/8/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

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).

Davies v. State (consolidated w/ 20190341 & 20190342) 2020 ND 128
Docket No.: 20190340
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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).

State v. Mooney 2020 ND 127
Docket No.: 20190333
Filing Date: 6/2/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

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

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.

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