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 12382 results
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Miles v. Holznagel, et al.
2019 ND 60 Highlight: A district court’s orders changing primary residential responsibility, denying a motion for continuance and denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3) and(4). |
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State v. Gomez
2019 ND 59 Highlight: Summary affirmance of district court’s revocation of probation and resentencing. |
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Trust of Linn
2019 ND 58
Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. |
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Robert Banderet,et al. vs. Sargent Count Water Resource District, et al.
2019 ND 57
Highlight: In general, when an appeal from a local governing body’s decision is authorized by law, equitable relief against the enforcement of the decision will not be allowed. |
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Bindas v. Bindas
2019 ND 56 Highlight: Section 14-05-24.1(3), N.D.C.C., which authorizes the district court to terminate spousal support when the spouse receiving support has been habitually cohabiting with another individual in a relationship analogous to a marriage for more than one year, does not apply when the parties have a contrary written agreement. |
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Dick v. Erman
2019 ND 54 |
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Lenertz v. City of Minot N.D.
2019 ND 53
Highlight: To establish an inverse condemnation claim, a property owner must prove a public entity took or damaged the owner’s property for a public use and the public use was the proximate cause of the taking or damages. |
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State v. Hansford
2019 ND 52
Highlight: Whether a suspect is in custody is a mixed question of fact and law which is fully reviewable on appeal. |
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State v. Powley
2019 ND 51
Highlight: A pre-trial order in limine excluding evidence is a preliminary order that does not dispense with the need for the proponent to make an offer of proof at trial so the district court can consider the proffered evidence in the context of other evidence presented during trial. |
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State v. Dowdy
2019 ND 50
Highlight: An arresting officer’s inclusion of additional information in the implied consent advisory must not materially mislead or coerce a defendant. |
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Varty v. Varty
2019 ND 49
Highlight: Agreements between divorcing parties are encouraged, and stipulated spousal support awards should be changed only with great reluctance. |
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Smith v. Erickson
2019 ND 48 |
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Gonzalez v. State
2019 ND 47
Highlight: When an applicant for post-conviction relief alleges newly discovered evidence, a district court errs in sua sponte summarily denying the application, after the State has responded to the application, without providing the applicant notice and the opportunity to submit an answer with supporting materials to show the existence of a genuine issue of material fact. |
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Kuntz v. State
2019 ND 46
Highlight: A district court’s decision granting judgment on the pleadings under N.D.R.Civ.P. 12(c) is reviewed de novo. |
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Heidt v. Heidt
2019 ND 45
Highlight: District court erred in finding mother had not made a prima facie case for modification of primary residential responsibility. |
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State v. Abuhamda
2019 ND 44
Highlight: The right to appeal in this state is purely statutory, and without statutory authorization to hear an appeal this Court lacks jurisdiction. |
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State v. Vetter
2019 ND 43
Highlight: The statutory implied consent advisory must be read after a person is placed under arrest and before a chemical test may be administered to determine alcohol concentration. |
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Estate of Krueger
2019 ND 42 Highlight: For purposes of Medicaid recovery from a surviving spouse’s estate, the Department’s recovery from a deceased recipient’s joint tenancy property is limited to the deceased recipient’s fractional interest in the property. |
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Schindler, et al. v. Wageman, et al.
2019 ND 41
Highlight: Party was required to provide clear and convincing evidence that warranty deeds did not correctly state the parties’ intent. |
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State v. Christie
2019 ND 40 Highlight: Conviction of class AA felony gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Heldstab v. Heldstab
2019 ND 39 Highlight: A district court’s divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Cody
2019 ND 38 Highlight: Jury verdict finding defendant guilty of willfully giving false information to a law enforcement officer under N.D.C.C. § 12.1-11-03(1) and preventing arrest under N.D.C.C. § 12.1-08-02(1) is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Hagen v. Horst
2019 ND 37 Highlight: A district court’s award of residential responsibility and child support, the implementation of supervised parenting time, and decision to issue an emergency ex parte custody order are summarily affirmed under N.D.R.App.P. 35.1(a) (2), (3) and(4). |
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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). |
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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). |
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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). |
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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). |
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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). |
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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. |
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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. |
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State v. Bearrunner
2019 ND 29
Highlight: Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact. |
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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. |
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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. |
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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. |
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Swanson v. Swanson
2019 ND 25
Highlight: District court division of marital property was not clearly erroneous. |
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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. |
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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. |
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State v. Pittenger
2019 ND 22 Highlight: Closing a trial to the public without proper analysis is a structural error requiring automatic reversal. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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). |
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Cody v. Cody
2019 ND 14
Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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). |
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State v. Simundson
2019 ND 6 Highlight: Summary affirmance of jury conviction for actual physical control under N.D.C.C. § 39-08-01. |
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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. |
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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). |
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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). |
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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). |
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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. |
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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. |
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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. |
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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. |
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Lechner v. WSI, et al.
2018 ND 270
Highlight: A claim for workers’ compensation benefits must be filed within one year after the injury. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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) |
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Schultz v. Schultz
2018 ND 259
Highlight: There is no bright-line rule to distinguish between short and long-term marriages. |
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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. |
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Interest of A.L.E. (CONFIDENTIAL)
2018 ND 257
Highlight: Prenatal exposure to any controlled substance is a ground for a finding of deprivation. |
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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. |
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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. |
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State v. Ferderer
2018 ND 254 Highlight: A revocation of a sentence for a probation violation does not violate double jeopardy. |
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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. |
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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). |
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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). |
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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). |
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State v. Mejia
2018 ND 249
Highlight: Summary affirmance is appropriate when there is sufficient evidence to support a guilty verdict. |
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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). |
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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. |
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Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
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Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
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Petition to Permit Temporary Provision of Legal Services
2018 ND 246 Highlight: Order on petition for temporary lawyer practice. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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). |
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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). |
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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). |
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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). |
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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). |