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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.

2091 - 2100 of 12446 results

Friesner v. Friesner, et al. 2019 ND 30
Docket No.: 20180094
Filing Date: 1/22/2019
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

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.

Permanent spousal support may be appropriate when there is a substantial income disparity between the spouses that cannot be remedied by property division or rehabilitative spousal support.

State v. Bearrunner 2019 ND 29
Docket No.: 20180258
Filing Date: 1/22/2019
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact.

Appellant’s conduct did not rise to the level of “tumultuous and violent” as required under N.D.C.C. § 12.1-25-01.

State v. Foster 2019 ND 28
Docket No.: 20180098
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

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
Docket No.: 20180095
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

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
Docket No.: 20180283
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

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
Docket No.: 20180158
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: District court division of marital property was not clearly erroneous.

While long-term marriages generally support an equal distribution of the marital property, a court does not err by considering how the property was acquired and acting to preserve the viability of a business operation like a family farm by awarding a majority of the marital property, and its corresponding debt, to one party.

Grina v. Job Service, et al. 2019 ND 24
Docket No.: 20180284
Filing Date: 1/15/2019
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Crothers, Daniel John

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
Docket No.: 20180409
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Mental Health
Author: Crothers, Daniel John

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.

In determining whether an individual is a person requiring treatment a district court must consider whether the individual is mentally ill, and whether there is a reasonable expectation that, if the individual is not hospitalized, there exists a serious risk of harm to himself, others, or property.

State v. Pittenger 2019 ND 22
Docket No.: 20170279
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Closing a trial to the public without proper analysis is a structural error requiring automatic reversal.

State v. Lyon 2019 ND 21
Docket No.: 20180130
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

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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