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.
2001 - 2100 of 12359 results
|
State v. Goldsack (consolidated w/20180266)
2019 ND 36 Highlight: Judgment revoking probation and sentencing defendant to six years’ imprisonment summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7). |
|
Interest of H.B. (CONFIDENTIAL) (CONSOLIDATED W/20180440 & 20180441)
2019 ND 35 Highlight: A juvenile court order terminating parental rights to H.B., V.B, and A.B. is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Brakke
2019 ND 34 Highlight: A criminal judgment for driving with a suspended license is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Smith v. State
2019 ND 33 Highlight: A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Tollefson v. Anderson & Fercho, PLLP, et al.
2019 ND 32
Highlight: Appellant’s appeal of the district court’s order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), (7). |
|
Wald v. Benedictine Living Communities, Inc.
2019 ND 31
Highlight: A post-verdict motion for judgment as a matter of law is a renewal of the pre-verdict motion and can be granted only on grounds advanced in the pre-verdict motion. |
|
Friesner v. Friesner, et al.
2019 ND 30
Highlight: A district court’s choice for primary residential responsibility between two fit parents is a difficult one, and the Supreme Court will not retry the case or substitute its judgment for that of the district court when its decision is supported by the evidence. |
|
State v. Bearrunner
2019 ND 29
Highlight: Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact. |
|
State v. Foster
2019 ND 28 Highlight: A witness may testify from personal knowledge about the witness’s own actions and observations even when they relate to acts technical in nature. If evidence is admitted in error, this Court will consider the entire record and decide in light of all the evidence whether the error was so prejudicial the defendant’s rights were affected and a different decision would have occurred absent the error. |
|
Helbling v. Helbling
2019 ND 27
Highlight: When a divorce settlement agreement is incorporated and merged into a judgment, only the final judgment is interpreted and enforced, not the underlying contract between the parties. |
|
Western Energy Corporation v. Stauffer, et al.
2019 ND 26 Highlight: District court judgment finding reformation of 1959 warranty deed barred by the ten-year statute of limitation under N.D.C.C. § 28-01-15(2) is affirmed. |
|
Swanson v. Swanson
2019 ND 25
Highlight: District court division of marital property was not clearly erroneous. |
|
Grina v. Job Service, et al.
2019 ND 24 Highlight: A Job Service decision is affirmed when a reasoning mind reasonably could have determined the agency’s factual conclusions were proved by the weight of evidence. |
|
Interest of Jane Doe (CONFIDENTIAL)
2019 ND 23
Highlight: A district court’s finding that a person is mentally ill and in need of treatment will not be reversed unless it is clearly erroneous. |
|
State v. Pittenger
2019 ND 22 Highlight: Closing a trial to the public without proper analysis is a structural error requiring automatic reversal. |
|
State v. Lyon
2019 ND 21 Highlight: A sentence in excess of a statutory provision or in some other way contrary to an applicable statute is an illegal sentence. |
|
Avila v. Weaver, et al.
2019 ND 20
Highlight: If a post-trial motion does not require the amendment of the judgment, N.D.R.App.P. 4(a)(3) applies and the time for appeal begins upon service of the notice of the order disposing of the motion. |
|
Desert Partners IV, L.P., et al. v. Benson, et al.
2019 ND 19
Highlight: A district court’s decision on whether to grant a motion for a continuance will not be reversed on appeal absent an abuse of discretion. |
|
State v. Lott
2019 ND 18
Highlight: Criminal judgment of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Hogen, et al. v. Hogen, et al.
2019 ND 17 Highlight: A transferor cannot convey an interest greater than the transferor has in the property, and a transferor who does not hold title to property cannot pass or transfer title to that property. |
|
S.E.L. v. J.A.P., et al. (CONFIDENTIAL)
2019 ND 16 Highlight: Section 14-20-44(2), N.D.C.C., provides a statute of limitations barring proceedings to challenge an acknowledged father’s paternity and to adjudicate paternity brought more than two years after the effective date of the paternity acknowledgment. |
|
Kieson v. Kieson
2019 ND 15 Highlight: A marital property distribution in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
Cody v. Cody
2019 ND 14
Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony. |
|
Seccombe, et al. v. Rohde, et al.
2019 ND 13
Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements. |
|
Interest of E.S. (CONFIDENTIAL)
2019 ND 12
Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous. |
|
State v. Christensen
2019 ND 11
Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor. |
|
Ourada v. State
2019 ND 10 Highlight: In a post-conviction relief proceeding, an applicant is entitled to notice that his application may be summarily dismissed. |
|
State v. Strom
2019 ND 9 Highlight: When ordering restitution for a victim of a criminal act, district courts must not consider the defendant’s ability to pay under N.D.C.C. § 12.1-32-08(1). North Dakota Constitution article I, § 25(1)(n) requires “full” restitution be awarded to the victim for “all losses” sustained. This amendment to the constitution implicitly repealed the statutory requirement to consider ability to pay. |
|
Interest of D.M.W. (CONFIDENTIAL)
2019 ND 8 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
State, et al. v. McGath
2019 ND 7 Highlight: An appeal from a divorce judgment is summarily affirmed under Koenig v. Schuh, 2016 ND 252, 888 N.W.2d 385, and N.D.R.App.P. 35.1(a)(2), (4), and (7). |
|
State v. Simundson
2019 ND 6 Highlight: Summary affirmance of jury conviction for actual physical control under N.D.C.C. § 39-08-01. |
|
Lunde v. Paulson
2019 ND 5 Highlight: Summarily affirm default judgment based on a lack of errors appearing on the face of the judgment roll. |
|
Schwab v. State
2019 ND 4
Highlight: An appeal from a district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
|
Interest of P.T.D. (CONFIDENTIAL) (consolidated w/20180193-20180196)
2019 ND 3 Highlight: An appeal from a juvenile court order finding five children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
DeLong v. Shields, et al.
2019 ND 2 Highlight: A district court’s award of unsupervised parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Berg v. North Dakota State Board of Registration (cons.w/20170414 cont. in memo)
2018 ND 274
Highlight: In reviewing an administrative agency’s findings of fact, the Supreme Court does not make independent findings of fact or substitute its judgment for that of the agency. |
|
Bakke v. Magi-Touch Carpet One Floor & Home, Inc., et al.
2018 ND 273
Highlight: An employer of an independent contractor generally is not liable for the negligence of the independent contractor. |
|
City of Grand Forks v. Barendt
2018 ND 272 Highlight: The implied consent advisory under N.D.C.C. 39-20-01(3) must be read after placing an individual under arrest and before administering a chemical test to determine alcohol concentration or the presence of other drugs. |
|
Dale Exploration, LLC, et al. v. Hiepler, et al.
2018 ND 271
Highlight: The settlor of an irrevocable trust with the power to remove trust property must convey mineral interests that he sold in an individual capacity while the property was titled under the trust. |
|
Lechner v. WSI, et al.
2018 ND 270
Highlight: A claim for workers’ compensation benefits must be filed within one year after the injury. |
|
State v. Vollrath
2018 ND 269 Highlight: Once a judgment is final, a district court generally no longer has jurisdiction to alter, amend, or modify that judgment. |
|
Rustad v. Baumgartner
2018 ND 268 Highlight: A parenting plan is clearly erroneous when it denies a parent overnights or extended summer visitation without evidence of endangerment to the child’s physical or emotional health. |
|
State ex rel. City of Marion v. Alber
2018 ND 267 Highlight: Under N.D.R.Civ.P. 60(b), a district court cannot amend an order to impose further affirmative relief. If an amendment grants no further relief but merely more clearly articulates the same substantive relief, it may be made under Rule 60(a) at any time. |
|
State v. White
2018 ND 266 Highlight: The warrantless search of supervised probationer’s home is reasonable under totality of the circumstances and does not violate Fourth Amendment protections against unreasonable search and seizure. |
|
Adoption of A.S. (CONFIDENTIAL)(consolidated w/ 20180327)
2018 ND 265
Highlight: A district court's findings of fact in a termination of parental rights proceeding will not be reversed on appeal unless they are clearly erroneous. |
|
Stein v. State
2018 ND 264
Highlight: A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. |
|
Dahms, et al. v. Nodak Mutual Insurance Co., et al.
2018 ND 263
Highlight: A detached garage connected to a dwelling by a deck constituted an “other structure” rather than a “dwelling” for purposes of determining insurance coverage. |
|
State, et al. v. Martin
2018 ND 262 Highlight: District court did not err in denying a Rule 60(b) motion for relief from judgment where party was properly provided notice and served with the motion for default judgment. |
|
Hunts Along v. N.D. Dep't of Transportation
2018 ND 261
Highlight: Department did not err in revoking defendant’s drivers license under N.D.C.C. § 39-20-14 following defendant’s refusal of on-site breath test. |
|
Matter of Kulink
2018 ND 260 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) |
|
Schultz v. Schultz
2018 ND 259
Highlight: There is no bright-line rule to distinguish between short and long-term marriages. |
|
Green v. Swiers
2018 ND 258
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. |
|
Interest of A.L.E. (CONFIDENTIAL)
2018 ND 257
Highlight: Prenatal exposure to any controlled substance is a ground for a finding of deprivation. |
|
State v. Bornsen
2018 ND 256
Highlight: Investigatory traffic stops are valid when the officer conducting the stop had a reasonable and articulable suspicion the motorist has violated or is violating the law. |
|
LeClair v. Sorel
2018 ND 255
Highlight: The implied consent advisory provided to a driver after an arrest for driving under the influence must be substantively complete. |
|
State v. Ferderer
2018 ND 254 Highlight: A revocation of a sentence for a probation violation does not violate double jeopardy. |
|
Tornabeni v. Wold, et al.
2018 ND 253
Highlight: The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. |
|
State v. Hebert
2018 ND 252 Highlight: A criminal judgment convicting the defendant of tampering or damaging a public service is summarily reversed under N.D.R.App.P. 35.1(b). |
|
Sabot v. State
2018 ND 251 Highlight: Summary dismissal of post-conviction relief summarily affirmed under N.D.R.App.P 35.1(a)(2) and (7). |
|
Interest of D.V.A. (Confidential)
2018 ND 250 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Mejia
2018 ND 249
Highlight: Summary affirmance is appropriate when there is sufficient evidence to support a guilty verdict. |
|
Sorlie v. Sorlie
2018 ND 248 Highlight: A district court’s award of residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Johnston Law Office, P.C. v. Brakke, et al.
2018 ND 247 Highlight: If a party moving for summary judgment meets its initial burden of showing there are no genuine issues of material fact and it is entitled to judgment as a matter of law, the party opposing the motion must present competent admissible evidence to show the existence of a genuine issue of material fact. |
|
Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
|
Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
|
Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
|
Thompson, et al. v. Molde, et al.
2018 ND 245
Highlight: Summary judgment allows for the prompt resolution of a controversy on the merits without a trial if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law. |
|
State v. Rogers
2018 ND 244 Highlight: Defendant appeals from a district court judgment for gross sexual imposition. Because the district court did not make individualized findings supporting closure of the competency hearing under Waller, the Sixth Amendment public trial guarantee wasviolated. The restitution award was proper and it is affirmed consistent with our remand. We remand for further proceedings. |
|
Upton v. Nolan
2018 ND 243
Highlight: Although a district court has continuing jurisdiction to modify parenting time, due process requires a parent receive adequate notice and a fair opportunity to be heard. |
|
State v. Sanchez (consolidated w/20180064)
2018 ND 242 Highlight: A district court may extend on its own a self-imposed deadline for scheduling or holding a restitution hearing. |
|
State v. Jessee
2018 ND 241
Highlight: Questions of fact in a criminal bench trial are reviewed in the same manner as questions of fact in a criminal jury trial. |
|
State v. Etemad
2018 ND 240
Highlight: A district court judgment entered after a jury found Etemad guilty of terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
|
Pederson v. State
2018 ND 239 Highlight: Judgment denying motion for relief under N.D.R.Civ.P. 60(b) and application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Marler v. Martin, et al.
2018 ND 238
Highlight: A judgment and order denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
City of Fargo v. Nelson
2018 ND 237 Highlight: Civil judgment finding appellant's property constitutes a public nuisance, requiring abatement of the nuisance, and granting a permanent injunction from maintaining a nuisance on the property is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4),(7). |
|
Interest of G.F. (CONFIDENTIAL)
2018 ND 236 Highlight: Juvenile court order terminating parental rights under N.D.C.C. 27-20-44(1)(c)(1) and N.D.C.C. 27-20-44(1)(c)(2) is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Guardianship/Conservatorship of M.J.K.
2018 ND 235
Highlight: District Court’s finding that the ward fails to make a prima facie case to terminate guardianship is summarily affirmed under N.D.App.P. 35.1(a)(2) and (7). |
|
McGath v. Waide
2018 ND 234 Highlight: A district court disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Prairie Winds Apartments 1, LLC v. Stark County Board of Commissioners (cons
2018 ND 233 Highlight: To properly appeal a board of county commissioners’ decision relating to tax matters, a landowner must file a notice of appeal on a board member and the state tax commissioner within thirty days of the board’s decision. |
|
Vacancy in Judgeship No. 2, East Central Judicial District
2018 ND 232 |
|
Knapp v. Commissioner of Minnesota Department of Revenue, et al.
2018 ND 231 Highlight: A court may issue a writ of prohibition to prevent an inferior tribunal from acting without or in excess of jurisdiction when there is no plain, speedy, and adequate remedy in the ordinary course of law. |
|
State v. Schlieve
2018 ND 230
Highlight: Judgment revoking probation and sentencing defendant to five years imprisonment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
State v. Brown (consol. w/ 20180092)
2018 ND 229
Highlight: A district court decision to dismiss a criminal charge is reviewed for abuse of discretion. |
|
Cass County Joint Water Resource District v. Erickson, et al.
2018 ND 228
Highlight: An owner whose property has been taken by condemnation is entitled to compensation for the property at the highest and best use. |
|
Johnson, et al. v. Statoil Oil & Gas LP, et al.
2018 ND 227
Highlight: Pugh clauses require an individualized analysis. |
|
Korb v. N.D. Dep't of Transportation
2018 ND 226
Highlight: Accurate additional language provided by an officer does not alter the sufficiency of a complete, accurate implied consent advisory under N.D.C.C. § 39-20-01(3). |
|
State v. Wallace
2018 ND 225
Highlight: Before accepting a guilty plea, the district court must inform the defendant of and determine that the defendant understands any mandatory minimum penalty, including any mandatory minimum term of probation. |
|
DeForest v. N.D. Dep't of Transportation
2018 ND 224 Highlight: District court judgment finding an incomplete implied consent advisory and reversing the suspension of driver’s license is reversed. The Department’s decision is affirmed, and the appellee’s driving privileges are suspended for 91 days. |
|
IRET Properties, et al. v. Williams County Board of Commissioners
2018 ND 223 Highlight: Motion to dismiss granted. |
|
Interest of S.R. (CONFIDENTIAL)
2018 ND 222 Highlight: An appeal from a district court order granting Prairie St. John’s Hospital’s request to involuntarily treat S.R. with prescription medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Estate of Moore
2018 ND 221
Highlight: A contract’s language governs its interpretation if the language is clear and explicit and does not involve an absurdity. |
|
Tamba v. State
2018 ND 220 Highlight: Order denying post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
Borsheim Builders Supply, Inc. v. Manger Insurance, Inc., et al.
2018 ND 218
Highlight: Summary judgment is a procedural device for the prompt resolution of a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law. |
|
State v. Wangstad
2018 ND 217
Highlight: It is not obvious error for a district court to admit into evidence statements concerning a defendant’s prior bad acts at the defendant’s request. |
|
State v. Bohe
2018 ND 216
Highlight: If a law enforcement officer fails to provide a driver the complete statutory implied consent advisory after the defendant’s arrest and before the driver’s submission to the chemical test, the result is inadmissible in any criminal or administrative proceeding. |
|
State v. Seidel
2018 ND 215
Highlight: A district court may impose both a maximum probation sentence and a maximum imprisonment sentence for misdemeanors. |
|
Riskey v. Riskey (consolidated w/20170393)
2018 ND 214
Highlight: A trust is void or subject to reformation by the court to the extent its creation was induced by fraud, duress, or undue influence. |
|
WSI v. Beaulieu, et al.
2018 ND 213
Highlight: WSI may not issue a permanent impairment award unless identified and quantified within the sixth edition of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment.” |
|
Nelson, et al. v. Nelson
2018 ND 212
Highlight: The determination of mental capacity and whether undue influence exists are ordinarily questions of fact. |
|
Davies v. State
2018 ND 211
Highlight: Summary disposition is generally inappropriate for post-conviction claims of ineffective assistance of counsel because the underlying record and transcripts do not fully develop the record. |