Search Tips

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.

1971 - 1980 of 12446 results

Bridgeford v. Sorel 2019 ND 153
Docket No.: 20180390
Filing Date: 6/27/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: An officer’s actions remained within the community caretaker exception to the warrant requirement of the Fourth Amendment when he knocked on the car window of an individual who appeared to be sleeping with the car running in a gas station parking lot.

An officer’s actions remained within the community caretaker exception to the warrant requirement of the Fourth Amendment when entering an individual’s vehicle subsequent to the individual’s failure to respond to the officer’s attempts to gain his attention outside the vehicle.

State v. Taylor 2019 ND 152
Docket No.: 20190005
Filing Date: 6/27/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Appeal from an order denying a motion for new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

City of Dickinson v. Vaagen 2019 ND 151
Docket No.: 20190053
Filing Date: 6/27/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment finding defendant guilty of driving under the influence is summarily reversed under N.D.R.App.P. 35.1(b).

Schatz v. N.D. Dep't of Transportation 2019 ND 150
Docket No.: 20190068
Filing Date: 6/27/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: District court’s judgment affirming a North Dakota Department of Transportation decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Everett v. State 2019 ND 149
Docket No.: 20180436
Filing Date: 6/27/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: In post-conviction relief proceedings, it is not an abuse of discretion to deny default judgment when a petitioner cannot show he suffered any prejudice from the State's untimely response.
A district court order summarily dismissing a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Blackcloud v. State 2019 ND 148
Docket No.: 20190029
Filing Date: 6/27/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Frontier Fiscal Services LLC v. Pinky's Aggregates, Inc., et al. 2019 ND 147
Docket No.: 20180329
Filing Date: 5/28/2019
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: The burden of proof ordinarily rests with the party who possesses the facts on the issue in dispute.

Since entities and persons are unable to guaranty their own debts, courts will not construe guaranties signed in both a representative and individual capacity as constituting a guaranty by the entity involved because to do so would render the guaranty a nullity.

Parol evidence is not admissible to contradict unambiguous terms of a written agreement.

Good consideration for a contract is any benefit conferred or detriment suffered.

Atkins v. State 2019 ND 146
Docket No.: 20180437
Filing Date: 5/24/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: An applicant for post-conviction relief should have 14 days to respond to a motion to dismiss under N.D.R.Ct. 3.2(a)(2).

State v. Atkins 2019 ND 145
Docket No.: 20180411
Filing Date: 5/24/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A defendant may not avoid the procedures of the Uniform Postconviction Procedure Act by designating his motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing as a new action for post-conviction relief.

Swenson, et al. v. Mahlum, et al. 2019 ND 144
Docket No.: 20180345
Filing Date: 5/16/2019
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Order and judgment dismissing plaintiff’s claims with prejudice and defendant’s third-party claims without prejudice was appealable because plaintiff’s claims were adjudicated and third-party claims were dependent on plaintiff’s claims.
The elements for a prima facie case for breach of contract are: (1) the existence of a contract; (2) breach of the contract; and (3) damages which flow from the breach.
Statutory protections for people assisting or dealing with a conservator for value in a transaction do not apply to transactions between two third-parties.
The general rule in the case of a breach of contract is that the measure of damages is the amount which will compensate the injured person for the loss which a fulfillment of the contract would have prevented or the breach of the contract now requires.

Page 198 of 1245