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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.

2211 - 2220 of 12097 results

State v. Bell 2017 ND 157
Docket No.: 20170046
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained.
We refuse to assume a defendant felt he or she was not free to leave after law enforcement complete a traffic stop.

State v. Hedstrom 2017 ND 156
Docket No.: 20170006
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search.
The primary rationale for the restriction on nighttime search warrants is to prevent individuals in the home from being subjected to the trauma of a nighttime search.

Peterson v. Schulz 2017 ND 155
Docket No.: 20160377
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Most non-appealable intermediate orders may be reviewed on appeal from a final judgment. In domestic relations cases, the requirements of N.D.R.Ct. 8.2 must be complied with before a party's request for affirmative relief may be granted in an ex parte interim order. Attorney's fees may be awarded as a remedial sanction for contempt.

State v. Froelich 2017 ND 154
Docket No.: 20160349
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant.
The Sixth Amendment Confrontation Clause does not require exclusion of nontestimonial statements.
Under Davis v. Washington, 547 U.S. 813 (2006), statements are nontestimonial when made in the course of interrogation under circumstances which objectively indicate the interrogation's primary purpose is to enable police assistance to meet an ongoing emergency.

Interest of Tanner (cross-reference 20120084) 2017 ND 153
Docket No.: 20160231
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: When a person committed as a sexually dangerous individual petitions for discharge, the State has the burden of proving by clear and convincing evidence that the committed individual remains a sexually dangerous individual.
Expert testimony in sexually dangerous individual proceedings will not be reweighed on appeal, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.

Interest of Nelson 2017 ND 152
Docket No.: 20160113
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior.
The district court must specifically state the facts on which it relied to determine that an individual has serious difficulty controlling his behavior.

Brown v. WSI 2017 ND 151
Docket No.: 20170083
Filing Date: 6/29/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: Judgment affirming a decision of Workforce Safety and Insurance to terminate disability and vocational rehabilitation benefits and require repayment of $2,558.57 in benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Jasmann v. State 2017 ND 150
Docket No.: 20160396
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7).

Disciplinary Board v. Matson (cons. w/ 20170102-20170121) 2017 ND 149
Docket No.: 20170101
Filing Date: 6/19/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Statoil Oil & Gas, LP v. Abaco Energy, LLC, et al. (Consolidated w/20160262) 2017 ND 148
Docket No.: 20160261
Filing Date: 6/16/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A district court's decision on a motion to dismiss for failure to join an indispensable party is reviewed for an abuse of discretion.

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