Search Tips

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.

2291 - 2300 of 12359 results

State v. Holkesvig (consolidated with 20170267) 2018 ND 17
Docket No.: 20170266
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

Highlight: A district court order denying a defendant leave of court to file a postconviction application is not appealable.

Matter of Gomez 2018 ND 16
Docket No.: 20170159
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Jensen, Jon J.

Highlight: An expert appointed for or retained by a respondent in a sexually dangerous individual commitment proceeding is subject to the same discovery rules as other experts.
A party may waive an objection to the discoverability of an expert opinion by failing to object during discovery.

State v. Rivera (consolidated w/20170235) 2018 ND 15
Docket No.: 20170234
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3).

Glass v. Glass 2018 ND 14
Docket No.: 20170283
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Tufte, Jerod E.

Highlight: Where an order terminating spousal support and an amended judgment and decree conflict, the amended judgment and decree controls.
The law of the case doctrine bars an appeal where the argument could have been brought in the first appeal.

Williams v. Williams 2018 ND 13
Docket No.: 20170152
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: If a district court issues a disorderly conduct restraining order without addressing constitutional claims, the court generally commits a reversible error unless the Supreme Court can say with certainty the court would have issued the restraining order based solely upon the uncontested conduct.

State v. Kostelecky 2018 ND 12
Docket No.: 20170291
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Article I, § 25(1)(n), N.D. Const., does not require restitution beyond what is necessary to make the victim whole.
A district court abuses its discretion if it fails to consider the facts presented to it when ordering restitution.

Continental Resources, Inc. v. P&P Industries, LLC I, et al. 2018 ND 11
Docket No.: 20160452
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: A jury's special verdict will be reversed on appeal if there is an inconsistency in the verdict such that it will not support the judgment and no reconciliation is possible.

Continental Resources, Inc. v. Counce Energy BC #1, LLC 2018 ND 10
Docket No.: 20170066
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Dismissal for lack of subject matter jurisdiction is generally appropriate if the plaintiff fails to exhaust administrative remedies because failure to exhaust those remedies precludes making a claim in court.
The Industrial Commission has extremely broad and comprehensive powers, which are continuous and exclusive, to regulate oil and gas development in this state.
A judgment entered by a court without subject matter jurisdiction is void and can be vacated.

Guthmiller v. N.D. Dep't of Transportation 2018 ND 9
Docket No.: 20170300
Filing Date: 1/22/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: The unambiguous language of N.D.C.C. § 39-06.2-10(15) requires the conviction, not the commission, of two serious traffic violations while operating a noncommercial motor vehicle within three years to disqualify commercial driving privileges.

Interest of Leno 2018 ND 8
Docket No.: 20170289
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.Civ.P. 35.1(a)(2).

Page 230 of 1236