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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.

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Everett v. State 2018 ND 114
Docket No.: 20170431
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Orders denying leave to file additional motions or papers are not appealable.

N.D. Dep't of Transportation v. Schmitz 2018 ND 113
Docket No.: 20170397
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A trial court may award reasonable attorney fees, expert witness fees, or litigation costs to the prevailing party in an eminent domain action.
A trial court abuses its discretion if it misinterprets or misapplies the law.

State v. $3260.00 United States Currency, et al. 2018 ND 112
Docket No.: 20180045
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The application of N.D.R.Civ.P. 56, summary judgment, may be appropriate in a forfeiture action.
A district court may decide a motion for summary judgment without holding a hearing if the requesting party fails to secure a time for the hearing.
A district court does not err in granting summary judgment when the opposing party fails to present competent admissible evidence.

Botteicher, et al. v. Becker, et al. 2018 ND 111
Docket No.: 20170386
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: Res judicata prevents the litigation of claims that were raised, or could have been raised, in a prior action between the same parties or their privies and were resolved by a final judgment in a court of competent jurisdiction.
The failure to file an appeal from a final decree of distribution within the time specified bars a party to the proceedings from attacking the final decree of distribution if he received notice of the distribution hearing.
Whether the threshold of extreme and outrageous conduct has been met to establish intentional infliction of emotional distress is a question of law for the court to decide.

Kettle Butte Trucking, LLC v. Kelly, et al. 2018 ND 110
Docket No.: 20170350
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: When a contempt order is appealed, challenges to the underlying order will not be considered unless the underlying order is also appealed.
When a court has issued an allegedly erroneous order, the party to whom the order was issued must obey it as long as it remains in force or until it is reversed on appeal, and the failure to obey the order is punishable as a contempt of court.

Wheeler v. Burgum 2018 ND 109
Docket No.: 20170444
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Because the Governor does not directly supervise or train the officials and staff of the North Dakota State Penitentiary, he cannot be held liable in his official capacity under 42 U.S.C. section 1983 for a failure of such action.

Krueger v. N.D. Dep't of Transportation 2018 ND 108
Docket No.: 20170425
Filing Date: 5/8/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: A county deputy in fresh pursuit may enter another county to make an arrest if obtaining the aid of officers having jurisdiction would cause a delay permitting escape.
North Dakota law does not prohibit law enforcement from administering more than one chemical test to determine blood alcohol content.

Interest of F.M.G. (CONFIDENTIAL) 2018 ND 107
Docket No.: 20180139
Filing Date: 5/8/2018
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court's order for continuing treatment at the North Dakota State Hospital for a period not to exceed one year is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of R.C. (CONFIDENTIAL) 2018 ND 106
Docket No.: 20180090
Filing Date: 5/8/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of A.H. (CONFIDENTIAL) 2018 ND 105
Docket No.: 20180107
Filing Date: 5/8/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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