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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.

2271 - 2280 of 12364 results

Flemming v. Flemming 2018 ND 41
Docket No.: 20170366
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's orders granting primary residential responsibility to the mother and denying the father's motion for new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Nur v. State 2018 ND 40
Docket No.: 20170349
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

Tarabochia v. WSI 2018 ND 39
Docket No.: 20170295
Filing Date: 2/22/2018
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order, which affirmed Workforce Safety and Insurance's order that claimant was not entitled to disability benefits for wage loss, is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Coleman 2018 ND 38
Docket No.: 20170315
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found defendant guilty of aggravated assault-domestic violence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Vacancy in Judgeship No. 4, SCJD 2018 ND 37
Docket No.: 20180025
Filing Date: 2/14/2018
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.

St. Alexius Medical Center v. N.D. Dep't of Human Services 2018 ND 36
Docket No.: 20170200
Filing Date: 2/1/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Jensen, Jon J.

Highlight: The agency's failure to comply with a statutory requirement to issue a decision within seventy-five days under N.D.C.C. § 50-24.1-24(5) does not terminate the agency's subject matter jurisdiction.
A provider supplying medical services to Medicaid recipients is entitled to administrative review of a denial of payment for a medical assistance claim pursuant to N.D.C.C. § 50-24.1-24.

Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services, et al. 2018 ND 35
Docket No.: 20170238
Filing Date: 2/1/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The agency's failure to comply with the seventy-five day statutory requirement for issuing its final decision reviewing a denial of payment of a medical assistance claim under N.D.C.C. § 50-24.1-24 does not automatically invalidate the agency's decision.
A balancing test must be applied to determine whether an agency's failure to comply with a directory duty invalidates subsequent proceedings.

Innis-Smith v. Smith 2018 ND 34
Docket No.: 20170031
Filing Date: 1/26/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Tufte, Jerod E.

Highlight: In a divorce, a district court may consider all of the parties' time together in dividing the marital property when parties live together and then marry.
On a party's motion to reopen the record to present additional evidence relating to asset values, relief may be justified in extraordinary cases when a substantial, unanticipated change in valuation of an asset occurs after trial but before distribution.

State v. Rende 2018 ND 33
Docket No.: 20170060
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: If probable cause for an arrest for driving under the influence is not an issue at trial, evidence of a preliminary breath test result is inadmissible.
A district court's denial of a motion for mistrial, after the State presented evidence of a preliminary breath test result at trial, was an abuse of discretion.

State v. Shaw (cross-reference w/20150190) 2018 ND 32
Docket No.: 20170078
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Before admitting evidence of a defendant's prior bad acts, a court must apply a three-part test and consider whether the probative value of the evidence outweighs its prejudicial effect.
A witness is considered unavailable if he or she refuses to testify despite a court order to do so.

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