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.
2301 - 2400 of 12446 results
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Interest of R.F. (CONFIDENTIAL)
2018 ND 90 Highlight: A district court's order for continued 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). |
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Interest of S.B. (Consolidated w/20180057)(CONFIDENTIAL)
2018 ND 89 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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Thorstad v. State
2018 ND 88 Highlight: Summary dismissal of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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State v. Ali
2018 ND 87 Highlight: Warrantless, limited entry by a police officer into an open garage does not violate a defendant's federal or state constitutional rights under the hot pursuit exception to the warrant requirement. |
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Brekhus v. N.D. Dep't of Transportation
2018 ND 86 Highlight: Warrantless, limited entry by a police officer into an open garage does not violate a defendant's federal or state constitutional rights under the hot pursuit exception to the warrant requirement. |
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Grasser v. Grasser
2018 ND 85
Highlight: A motion for recusal and a demand for a change of judge are two separate motions. Unlike a demand under N.D.C.C. 29-15-21, a district court judge is not immediately divested of authority upon the filing of a motion to recuse. While a judge has a duty to recuse when required by the Code of Judicial Conduct, a judge also has an equally strong duty not to recuse when the facts do not require recusal. |
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City of Bismarck v. Brekhus (consolidated w/20170166 & 20170167)
2018 ND 84 Highlight: A police officer's warrantless, limited entry into a defendant's open garage while in "hot pursuit" does not violate the defendant's rights under either the federal or state constitutions. |
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J.B., et al. v. R.B.
2018 ND 83 |
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Solwey v. Solwey
2018 ND 82
Highlight: The effective date for a modification of child support depends upon the facts of each case. The modification generally should be made effective from the date of the motion to modify, absent good reason to set some other date. |
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Carlson v. State
2018 ND 81
Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final under N.D.C.C. 29-32.1-01(2). |
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Arnegard, et al. v. Arnegard Township
2018 ND 80
Highlight: Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. |
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Berg v. Berg
2018 ND 79 Highlight: A district court does not clearly err in dividing property and awarding spousal support when it considers the Ruff-Fischer factors and adequately explains its findings regarding property division and spousal support. |
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State v. Terrill
2018 ND 78
Highlight: Constructive possession of drug paraphernalia is sufficient probable cause to arrest. Constructive possession can be inferred from the totality of the circumstances including (1) an accused's presence in the place where a controlled substance is found; (2) his proximity to the place where it is found; and (3) the fact the controlled substance was found in plain view. |
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Chatman v. State
2018 ND 77
Highlight: An application for post-conviction relief based on newly discovered evidence must be supported by competent, admissible evidence. |
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Interest of T.S.C. (CONFIDENTIAL)(Consolidated w/20180053 & 20180054)
2018 ND 76 Highlight: An untimely notice of appeal leaves the Supreme Court without jurisdiction to consider the appeal. |
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State v. Sauter
2018 ND 75 Highlight: A warrantless blood-alcohol test is unreasonable unless it falls within a recognized exception to the warrant requirement. A warrantless blood-alcohol test may be justified under the exigent circumstances exception to the warrant requirement. |
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State v. Redtomahawk
2018 ND 74 Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Mbulu
2018 ND 73 Highlight: Criminal convictions for conspiracy to commit gross sexual imposition, accomplice to gross sexual imposition, conspiracy to commit murder and attempted murder summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Petition of Bolinske
2018 ND 72 Highlight: An attorney subject to disciplinary proceedings is entitled to procedural due process, including fair notice of the nature of the charges and an opportunity to be heard. |
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Larimore Public School District No. 44, et al. v. Aamodt, et al.
2018 ND 71 Highlight: The statutory cap on tort damages recoverable from a political subdivision does not violate the open court, jury trial, equal protection, or special law provisions of the state constitution. |
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Melendez v. Horning III, et al.
2018 ND 70
Highlight: Nonsignatories to arbitration agreement may compel signatories to the agreement to arbitrate under some circumstances. |
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Parshall v. State
2018 ND 69
Highlight: Plea agreements are interpreted according to general contract principles. |
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Owego Township v. Pfingsten
2018 ND 68 Highlight: A township's determination or award of damages must be appealed within thirty days of filing under N.D.C.C. §§ 24-07-22 and 28-34-01. |
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Estate of Albrecht
2018 ND 67
Highlight: An estate's motion for summary judgment satisfies the statutory requirement that a proceeding on a claim be commenced within sixty days after the personal representative mailed the notice of disallowance. |
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Yahnke v. State
2018 ND 66 Highlight: A district court's order denying Yahnke's post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Carroll v. Carroll (cross-reference w/20160190)
2018 ND 65 Highlight: An amended divorce judgment entered on remand and an order reducing child support obligation are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Huft v. Huft
2018 ND 64 Highlight: Order granting disorderly conduct restraining order is summarily reversed under N.D.R.App.P. 35.1(b). |
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James Vault & Precast Co., et al. v. B&B Hot Oil Service, Inc., et al.
2018 ND 63 Highlight: In a multi-claim or a multi-party lawsuit with some adjudicated claims, the Supreme Court will not exercise appellate jurisdiction in cases in which parties voluntarily dismiss without prejudice all remaining unadjudicated claims with an intent to circumvent the requirements of N.D.R.Civ.P. 54(b) and artificially manufacture finality for purposes of appellate jurisdiction. |
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Riddle v. Riddle
2018 ND 62
Highlight: Under the plain language of N.D.R.Civ.P. 59(b)(1), an irregularity in the proceeding must result from an action "of the court, jury, or adverse party, or any court order or abuse of discretion that prevented a party from having a fair trial." |
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State v. Kremer
2018 ND 61
Highlight: Self-represented parties should not be treated differently nor allowed any more or any less consideration than parties represented by counsel. "Property" subject to forfeiture includes noncontraband computer files as well as contraband computer files contained on an electronic device. |
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State v. Isom
2018 ND 60
Highlight: A sentence for supervised probation may not exceed the legal maximum. |
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Koenig v. State
2018 ND 59
Highlight: A defendant's statutory right to a speedy trial must be made within the 14-day window following arraignment. |
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State, et al. v. White
2018 ND 58
Highlight: Relief from a final order or judgment under N.D.R.Civ.P. 60(b) should be granted only when extraordinary circumstances are present. |
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Sauter v. Miller, et al.
2018 ND 57
Highlight: The right to ownership of land and passage of title, as a consequence of adverse possession or acquiescence, occur when the statutory period for possession has been satisfied. |
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State v. Rende
2018 ND 56
Highlight: A district court's use of jury instructions that fail to include every element of the offense is error. However, that error is waived if defendant invited the error by submitting proposed instructions that also failed to include every element of the offense and if the defendant failed to object to the instructions at trial. |
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Snider, et al. v. Dickinson Elks Building, LLC
2018 ND 55 Highlight: Under N.D.C.C. § 43-07-02, a contractor is precluded from bringing any claims, suits, or actions related to the contractor's business or capacity as a contractor for periods when the contractor was not licensed. |
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Comes v. State
2018 ND 54
Highlight: Affirmative defenses, including statutes of limitations, are waived if not pleaded. |
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Tuhy v. Tuhy
2018 ND 53
Highlight: In a divorce, property division need not be equal to be equitable, but a substantial disparity must be explained. |
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State v. Fleckenstein
2018 ND 52 Highlight: Law enforcement's reading of the implied consent advisory does not render consent to a blood test per se involuntary. Involuntariness must be examined under the totality of the circumstances. |
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State v. Rolfson
2018 ND 51
Highlight: District court decisions regarding discovery violations are reviewed under the abuse of discretion standard. |
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Blackcloud v. State
2018 ND 50
Highlight: A district court does not err in denying a petitioner's application for post-conviction relief based on ineffective assistance of counsel when counsel's performance did not fall below an objective standard of reasonableness. |
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City of Bismarck v. Weisz
2018 ND 49
Highlight: Law enforcement officers do not need to physically see a suspect in a vehicle for that individual to be arrested for being in actual physical control of a vehicle while intoxicated. |
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Rebenitsch v. Rebenitsch
2018 ND 48
Highlight: When determining the best interests of a child, a district court may properly consider past behavior to determine whether a person may significantly affect a child's best interests in the future. |
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Winnie Development, LLLP, v. Reveling, et al.
2018 ND 47
Highlight: A plat containing a dedication which does not strictly conform to the statute will not transfer fee title to the public. |
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State v. Groce
2018 ND 46 Highlight: A district court's ruling on a motion to quash a subpoena under Rule 17(c)(2), N.D.R.Crim.P., is reviewed for abuse of discretion. |
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State v. Bruce
2018 ND 45
Highlight: N.D. Const. art. I, § 25(4), specifically allows a parent to exercise a victim's rights under § 25(1) for a deceased child. |
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State v. Newman
2018 ND 44 Highlight: A district court judgment entered after a jury found Newman guilty of unlawful possession of a firearm is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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State v. Decker
2018 ND 43
Highlight: A violation of a defendant's Sixth Amendment right to a public trial may be too trivial to create structural error so long as the violation did not implicate ensuring a fair trial, reminding the prosecutor and judge of their responsibility to the accusing and the importance of their functions, encouraging witnesses to come forward, and discouraging perjury. |
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Interest of L.S. (CONFIDENTIAL)(consolidated w/ 20180007)
2018 ND 42 Highlight: A juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Flemming v. Flemming
2018 ND 41 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). |
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Nur v. State
2018 ND 40 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). |
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Tarabochia v. WSI
2018 ND 39 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). |
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State v. Coleman
2018 ND 38 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). |
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Vacancy in Judgeship No. 4, SCJD
2018 ND 37 Highlight: Judgeship retained at Bismarck. |
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St. Alexius Medical Center v. N.D. Dep't of Human Services
2018 ND 36
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. |
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Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services, et al.
2018 ND 35
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. |
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Innis-Smith v. Smith
2018 ND 34
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. |
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State v. Rende
2018 ND 33
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. |
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State v. Shaw (cross-reference w/20150190)
2018 ND 32
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. |
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State v. Brown (consolidated w/20170048, 20170049 & 20170050)
2018 ND 31
Highlight: Evidence of a defendant's actual notice of a license suspension is sufficient to support a conviction for driving under suspension. |
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Valeu v. Strube
2018 ND 30 Highlight: A party moving for modification of primary residential responsibility of a child more than two years after entry of a prior order establishing residential responsibility must prove that a material change has occurred in the circumstances of the child or parties and that modification is necessary to serve the child's best interests. |
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Benson, et al. v. Feland Brothers Properties, et al.
2018 ND 29
Highlight: Surveys are not conclusive evidence of boundary lines. While a water line may shift from time to time, it remains a valid boundary line. |
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Martin v. Marquee Pacific, LLC, et al.
2018 ND 28
Highlight: The rule on joinder, N.D.R.Civ.P. 19, does not require dismissal of an action for failure to join a party in an earlier action. |
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Interest of C.B. (CONFIDENTIAL)
2018 ND 27
Highlight: Jeopardy does not attach at a pretrial motion to dismiss. |
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Brandt, et al. v. City of Fargo
2018 ND 26
Highlight: A district court does not have appellate jurisdiction unless authorized by statute. |
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Wieland v. City of Fargo
2018 ND 26
Highlight: A district court does not have appellate jurisdiction unless authorized by statute. |
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Dixon v. Dixon
2018 ND 25
Highlight: A case becomes moot when, because of the lapse of time or the occurrence of events, a court is unable to render effective relief. |
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Horvath v. State
2018 ND 24
Highlight: Once the State moves for summary disposition in a post-conviction relief proceeding pointing out the absence of supporting evidence for the defendant's allegations, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support the claim. If competent evidence is provided, the defendant is entitled to an evidentiary hearing. |
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Kautzman, et al. v. Doll
2018 ND 23
Highlight: An appeal from a district court's refusal to vacate an order under Rule 60(b), N.D.R.Civ.P., does not permit the appellant to attack the underlying order from which an appeal could have been, but was not, brought. |
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Little v. Stark County Sheriff
2018 ND 22 Highlight: Whether to issue a writ of mandamus is left to the district court's sound discretion. It is not an abuse of discretion for the district court to consider a petitioner's excessive delay in seeking remedy when denying a petition. |
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Thompson v. Thompson
2018 ND 21
Highlight: Split residential responsibility is not preferred, but it is not expressly prohibited. |
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State v. Montgomery
2018 ND 20
Highlight: Voluntary consent to a warrantless blood test is determined by examining the totality of the circumstances, for which the State bears the burden of proof. |
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Campbell v. Thompson
2018 ND 19 Highlight: Under the North Dakota Rules of Civil Procedure, the exclusive means for opening a default judgment is through a motion to vacate the judgment. On a direct appeal from a default judgment granted under N.D.R.Civ.P. 55, the standard of review is limited to whether "irregularities appear on the face of the judgment roll." |
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State v. Adams
2018 ND 18
Highlight: When an individual does not own the vehicle, does not assert ownership of a container within the vehicle, does not provide evidence establishing possessory interest in the container, and there are no identifying markings on the container or the contents within, the individual has no reasonable expectation of privacy in the container located in the vehicle. |
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State v. Holkesvig (consolidated with 20170267)
2018 ND 17 Highlight: A district court order denying a defendant leave of court to file a postconviction application is not appealable. |
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Matter of Gomez
2018 ND 16
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. |
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State v. Rivera (consolidated w/20170235)
2018 ND 15 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). |
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Glass v. Glass
2018 ND 14
Highlight: Where an order terminating spousal support and an amended judgment and decree conflict, the amended judgment and decree controls. |
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Williams v. Williams
2018 ND 13 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. |
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State v. Kostelecky
2018 ND 12
Highlight: Article I, § 25(1)(n), N.D. Const., does not require restitution beyond what is necessary to make the victim whole. |
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Continental Resources, Inc. v. P&P Industries, LLC I, et al.
2018 ND 11 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. |
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Continental Resources, Inc. v. Counce Energy BC #1, LLC
2018 ND 10
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. |
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Guthmiller v. N.D. Dep't of Transportation
2018 ND 9 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. |
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Interest of Leno
2018 ND 8 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). |
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State v. Evans
2018 ND 7
Highlight: A district court's order denying a calculation of credit for time served is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of Z.B. (Confidential)
2018 ND 6 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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Jose v. Jose
2018 ND 5 Highlight: A district court amended judgment awarding primary residential responsibility to the father is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Tucker
2018 ND 4 Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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City of Bismarck v. Wells
2018 ND 3 Highlight: A criminal judgment for actual physical control of a motor vehicle while under the influence of an intoxicating liquor entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Saucedo v. State
2018 ND 2 Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Emelia Hirsch Trust
2017 ND 291 Highlight: District court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 reviewed for an abuse of discretion. |
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Atkins v. State
2017 ND 290 Highlight: Once the State moves for summary disposition of application for post-conviction relief alleging ineffective assistance of counsel, pointing out the absence of supporting evidence, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support his claim. Scheduling an evidentiary hearing does not relieve the petitioner of the burden of producing competent, admissible evidence raising an issue of material fact. |
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Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273)
2017 ND 289 Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. |
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Osborne v. Brown & Saenger, Inc.
2017 ND 288
Highlight: The standard of review of a district court's granting of a Rule 12(b)(3) motion to dismiss on the basis of a forum selection clause is de novo. |
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Gannaway, et al. v. Torres, et al.
2017 ND 287
Highlight: Fraud in the execution of a deed must be undiminished by the negligence of the grantor, and the district court must consider the grantor's conduct in determining whether a deed is void or voidable. |
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Ceynar, et al. v. Barth, et al.
2017 ND 286
Highlight: Restrictive covenants are strictly construed in favor of free use of land. |
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Vig v. Swenson
2017 ND 285
Highlight: Before a court may set aside a transaction on the ground of mental incapacity, a party attacking the validity of the transaction has the burden to prove the grantor was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction. |
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Black Hills Trucking, Inc. v. N.D. Industrial Commission
2017 ND 284
Highlight: The Industrial Commission has jurisdiction over the illegal discharge of saltwater from the point it was generated to the point it is disposed. |
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State v. Truelove
2017 ND 283 Highlight: A conviction for gross sexual imposition under N.D.C.C. § 12.1-20-03(1)(a) requires the use of force either prior to or during the sexual act, but not after. |
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State v. $127,930 United States Currency, et al.
2017 ND 282 Highlight: Nervousness, a large amount of cash, and a long distance, short-duration trip to a source city are pertinent factors in determining reasonable suspicion. |