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 12418 results
|
Heitkamp v. Kabella
2019 ND 96
Highlight: When an ambiguous contract is at issue, the parties’ intent becomes a question of fact. |
|
Cuozzo v. State, d/b/a University of North Dakota, et al.
2019 ND 95
Highlight: Board of Higher Education policies, rules and regulations adopted as part of its policy manual govern termination of university faculty members and are part of the employment contract between the institution and the faculty member. |
|
Candee, et al. v. Candee
2019 ND 94
Highlight: A district court’s decision regarding attorney fees will not be set aside on appeal absent an abuse of discretion. |
|
Horst v. Horst
2019 ND 93
Highlight: A district court judgment awarding a divorce, establishing primary residential responsibility, child support, and parenting time are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3) and(4). |
|
Interest of C.D.C. (CONFIDENTIAL)
2019 ND 92 Highlight: Appeal from an order denying motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
State v. Johnson
2019 ND 91 Highlight: Criminal judgment finding defendant guilty of unlawful possession of a controlled substance in violation of N.D.C.C. § 19-03.1-23 and unlawful possession of drug paraphernalia in violation of N.D.C.C. § 19-03.4-03 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
Disciplinary Board v. Turcotte
2019 ND 90 Highlight: Attorney reprimanded. |
|
Bearce, et al. v. Yellowstone Energy Development, LLC
2019 ND 89
Highlight: The proper remedy for fraud is recision of the contract. |
|
Interest of D.M.H. (CONFIDENTIAL)
2019 ND 88 Highlight: When awarding a guardianship, the district court must determine whether the parents should be awarded visitation. The district court may not delegate determination of a visitation schedule. |
|
Estate of Brandt
2019 ND 87
Highlight: A personal representative is not precluded from filing petitions as an interested person in the supervised administration of an estate while simultaneously performing fiduciary duties to distribute property according to a will and the best interests of an estate. |
|
State v. Hamre
2019 ND 86 Highlight: In considering a speedy trial claim, a district court must balance the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused. |
|
State v. Guthmiller
2019 ND 85
Highlight: A district court order denying a defendant’s motion to withdraw a guilty plea is affirmed if the defendant fails to show a “fair and just” reason for withdrawal. |
|
State v. Morsette
2019 ND 84
Highlight: A district court’s finding that the facts support a reasonable and articulable suspicion is fully reviewable on appeal. |
|
Lies v. N.D. Dep't of Transportation
2019 ND 83
Highlight: Burden is on moving party to prove vehicle properly identified by evidence. |
|
Baker v. Autos, Inc., et al.
2019 ND 82 Highlight: A retail installment contract must disclose charges and fees that are finance charges as finance charges to comply with the disclosure requirements of the Retail Installment Sales Act. |
|
Lincoln Land Development, LLP v. City of Lincoln
2019 ND 81
Highlight: The extent of a prescriptive easement is fixed by the use through which it was created, and use beyond the easement’s originally created use may be a governmental taking. |
|
Ebach v. N.D. Dep't of Transportation
2019 ND 80
Highlight: At a hearing under N.D.C.C. 39-20-05, the regularly kept records of the director and state crime laboratory may be introduced; once introduced, those records establish prima facie their contents without further foundation. |
|
City of Fargo v. Nikle
2019 ND 79
Highlight: An affirmative defense jury instruction will only be given if there is evidence to support it. |
|
Orwig v. Orwig (consolidated w/20170455)
2019 ND 78
Highlight: A party appealing from a contempt order must file a notice of appeal with the clerk of the supreme court within 60 days after entry of the judgment or order being appealed. |
|
Cockfield v. City of Fargo
2019 ND 77
Highlight: A public employee, who has a property interest in his employment, may not have his employment terminated without due process. |
|
Baker Boyer National Bank v. JPF Enterprises, LLC
2019 ND 76
Highlight: The relationship between a bank and its customers is a debtor-creditor relationship, which ordinarily does not impose a fiduciary duty upon the bank. |
|
Purdy v. Purdy, et al.
2019 ND 75 Highlight: A district court’s decision on a motion to modify primary residential responsibility is a finding of fact, subject to the clearly erroneous standard of review. |
|
City of Bismarck v. King
2019 ND 74 Highlight: The criminal offense of refusal to submit to chemical testing is a strict liability offense. |
|
State v. Nice
2019 ND 73
Highlight: A defendant may not challenge the constitutionality of a statute they were not charged under. |
|
State v. Laverdure
2019 ND 72 Highlight: Sufficient probable cause existed to support the magistrate’s issuance of a search warrant. |
|
State v. Rai
2019 ND 71
Highlight: District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence. |
|
Chisholm v. State
2019 ND 70
Highlight: We distinguish peremptory demands for a change of judge from a demand for a change of judge based on bias. |
|
Brewer v. State
2019 ND 69 Highlight: An attorney’s failure to object to admission of evidence at trial because the attorney believes the record created in a pretrial motion in limine has preserved the issue falls outside the wide range of reasonable attorney performance. Where prejudice is also shown, such a failure to object to prior bad acts evidence at trial constitutes ineffective assistance of counsel. |
|
Becker, et al. v. Burleigh County, et al.
2019 ND 68
Highlight: Injunctive relief may be granted against public entities without exhaustion of administrative remedies where the plaintiff challenges the legality and validity of a decision rather than the public entity’s wisdom, propriety, or correctness in making the decision. |
|
Interest of Carter (cross-referenced w/20100180 & 20160236)
2019 ND 67
Highlight: A district court must find an individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual. |
|
State v. Alberts
2019 ND 66
Highlight: Issues raised for the first time on appeal will not be considered unless they rise to the level of obvious error. |
|
State v. Thorsteinson
2019 ND 65
Highlight: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. |
|
Gonzales v. WSI
2019 ND 63 Highlight: District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
|
White v. State
2019 ND 62 Highlight: District court’s finding that applicant for post-conviction relief failed to establish his counsel’s representation fell below an objective standard of reasonableness was not clearly erroneous. |
|
Interest of C.H. (CONFIDENTIAL) (CONSOLIDATED W/20190019-20180021)
2019 ND 61 Highlight: Juvenile court’s finding that the children were exposed to aggravated circumstances was not clearly erroneous. |
|
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). |
|
State v. Gomez
2019 ND 59 Highlight: Summary affirmance of district court’s revocation of probation and resentencing. |
|
Trust of Linn
2019 ND 58
Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. |
|
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. |
|
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. |
|
Dick v. Erman
2019 ND 54 |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
Smith v. Erickson
2019 ND 48 |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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). |
|
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). |
|
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). |
|
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). |
|
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. |