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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.

1701 - 1710 of 12446 results

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.

Gerving v. Gerving, et al. 2020 ND 116
Docket No.: 20190253
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In divorce cases, the district court must make an equitable property distribution.

Kling v. NDDOT 2020 ND 115
Docket No.: 20200024
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

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).

Axtman v. Axtman 2020 ND 114
Docket No.: 20190300
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

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.
Under N.D.R.Civ.P. 60(a), a district court must provide notice to the parties before it amends a judgment on its own.

Voigt v. Nelson 2020 ND 113
Docket No.: 20190285
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Paternity
Author: McEvers, Lisa K. Fair

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.

A judgment establishing paternity and granting primary residential responsibility and decision making authority for non-emergency healthcare decision to one parent when the parties cannot agree is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dellinger v. Wolf, et al. 2020 ND 112
Docket No.: 20190301
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: The Declaratory Judgment Act does not provide statutory authorization for immediate appeals of decisions concerning insurers’ duty to defend.

Thiel v. Thiel 2020 ND 111
Docket No.: 20200002
Filing Date: 6/2/2020
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

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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