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 12359 results
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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. |
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Interest of M.R. (CONFIDENTIAL) (consolidated w/20170364 & 20170365)
2017 ND 281 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Sabot
2017 ND 280 Highlight: A criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Coppage v. State
2017 ND 279 Highlight: Order summarily dismissing defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Todd
2017 ND 278 Highlight: Criminal judgment entered after the district court found defendant guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7). |
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Interest of Jane Doe (CONFIDENTIAL)
2017 ND 277 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). |
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State v. De La Cruz
2017 ND 276 Highlight: Conviction of patronizing a minor for commercial sexual activity is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Vann
2017 ND 275 Highlight: Criminal convictions for terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Anderson
2017 ND 274 Highlight: Criminal judgment entered after the defendant pled guilty to gross sexual imposition, aggravated assault - domestic violence, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Palacio (consolidated w/20170181)
2017 ND 273 Highlight: An appellant who fails to provide a trial transcript on appeal makes it impossible for the Court to conduct a meaningful and intelligent review of a claim of insufficiency of the evidence. |
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Matter of Reciprocal Discipline of Huisman
2017 ND 272 Highlight: Lawyer Suspension ordered. |
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Rogers v. State
2017 ND 271
Highlight: Whether a defendant received ineffective assistance of counsel is a mixed question of fact and law fully reviewable on appeal. |
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Altru Specialty Services, Inc. v. N.D. Dep't of Human Services, et al.
2017 ND 270 Highlight: The district court does not acquire subject matter jurisdiction over an appeal from an administrative agency decision unless the appellant satisfies statutory requirements for perfecting an appeal. |
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Sundance Oil and Gas, LLC v. Hess Corporation
2017 ND 269 Highlight: A district court may not use the findings in an unlocatable mineral owner trust action as res judicata in a subsequent quiet title action to resolve all factual disputes regarding whether a later purchaser was a good-faith purchaser for value. |
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State v. Montgomery
2017 ND 268 Highlight: Criminal judgment entered after a jury found the defendant guilty of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Motter, et al. v. Traill Rural Water District
2017 ND 267
Highlight: Raising the decisive issue for a judgment in post-trial briefing can constitute "surprise which ordinary prudence could not have guarded against" sufficient to grant a new trial. |
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Forsman v. Blues Brews and Bar-B-Ques Inc., et al. (cross-ref. w/20110356)
2017 ND 266
Highlight: Under a Miller-Shugart agreement and judgment, an insured defendant may stipulate for settlement of a plaintiff's claims and stipulate judgment may be collected only from the proceeds of any insurance policy, with no personal liability to the defendant. The stipulated judgment is not conclusive on the insurer. |
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State v. Myers (cross-reference w/20130172)
2017 ND 265
Highlight: Under N.D.R.Crim.P. 35(a)(2), a sentencing court may correct a sentence that resulted from arithmetical, technical, or other clear error. |
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Martinson v. N.D. Dep't of Transportation
2017 ND 264
Highlight: Absent a showing of authority, threat, or demand, an officer calling out and running up ahead of person to get their attention does not constitute a seizure implicating the Fourth Amendment. |
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Garcia v. State
2017 ND 263 Highlight: A sentencing court must consider a juvenile offender's youth and attendant characteristics before sentencing the juvenile offender to life in prison without the possibility of parole. |
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Haugrud v. Craig
2017 ND 262
Highlight: Corporate shareholders and limited liability company members generally have no right to bring actions in their individual names and on their own behalf for a wrong committed against the entity. |
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American Express Centurion Bank v. Corum (consolidated w/20170134)
2017 ND 261
Highlight: A party who is not represented by a licensed attorney cannot be represented by another person, including their spouse, in any court of record in this state, absent authorization provided by state law or supreme court rule. |
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State v. Sheperd
2017 ND 260
Highlight: Section 12.1-41-06(1)(a), N.D.C.C., does not require the presence of a minor to obtain a conviction. |
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Candee, et al. v. Candee
2017 ND 259
Highlight: Parties to an agreement may stipulate as to choice of law. |
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State v. Toure (consolidated w/20170039 & 20170040)
2017 ND 258
Highlight: Analysis of a speedy trial claim requires balancing the length of delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused. |
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State v. Hojian
2017 ND 257 Highlight: Criminal judgment entered after a jury found the defendant guilty of violation of a domestic violence protection order and forgery is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Matson (Consolidated w/20170344)
2017 ND 256 Highlight: Lawyer disbarred. |
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Estate of Feldmann
2017 ND 255
Highlight: The appellate court does not reweigh evidence, reassess witness credibility, or substitute its judgment for the trial court's decision merely because it would have reached a different result. |
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Hallin, et al. v. Inland Oil & Gas Corporation
2017 ND 254
Highlight: Oil and gas leases are interpreted in the same manner as contracts. |
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Glaser v. N.D. Dept. of Transportation
2017 ND 253
Highlight: A police officer's testimony regarding the time of driving on his report and notice form may call the time of driving into question but does not rebut the prima facie evidence in the report when the hearing officer relies on additional admissible evidence establishing a time frame for driving. |
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State, et al. v. Haskell, et al.
2017 ND 252
Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. |
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State v. Lark
2017 ND 251 Highlight: Whether probable cause exists is a question of law, fully reviewable on appeal. The test for probable cause is not based on the subjective view of a law enforcement officer, but rather is an objective standard based on the totality of the circumstances. |
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Giwa v. State
2017 ND 250
Highlight: A district court may appropriately decline to apply a new rule of criminal procedure retroactively when applying the rule would not prevent manifest injustice and there is no indication the rule was meant to be applied retroactively. |
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State v. Crissler
2017 ND 249 Highlight: Under N.D.R.Ev. 701, lay witness testimony is properly admitted when it is based on the witness's perception and is helpful to understanding a fact in issue. |
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Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072)
2017 ND 248 Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact. |
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Interest of B.A.C. (CONFIDENTIAL)
2017 ND 247 Highlight: Firearm restrictions under 18 U.S.C. 922(d)(4) and (g)(4) are a collateral consequence of involuntary commitment orders. Thus, the mootness doctrine does not apply. |
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State v. Campbell
2017 ND 246 Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion. |
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Berry v. Berry
2017 ND 245
Highlight: A district court's decision whether to grant relief under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion. |
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State v. Mayland
2017 ND 244
Highlight: A defendant fails to preserve a jury instruction issue for appellate review when he stipulates to the exclusion of a jury instruction regarding prior convictions. |
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Estate of Eagon
2017 ND 243
Highlight: A boilerplate will provision directing payment of "federal and state taxes" from estate assets is not a clear and unambiguous directive that federal estate taxes be apportioned differently from the method provided by the estate tax apportionment statute. |
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Brew v. Brew
2017 ND 242
Highlight: The district court is required to equitably distribute marital property in a divorce proceeding, and a property division does not need to be equal to be equitable. |
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WSI v. Questar Energy Services, Inc.
2017 ND 241
Highlight: A challenge to Workforce Safety and Insurance employee classifications is a mixed question of law and fact, requiring a review of whether the findings of fact is supported by a preponderance of the evidence and whether those findings support the applied classification. |
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Beach Railport, LLC v. Michels, et al.
2017 ND 240
Highlight: District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties. |
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State v. Sahel
2017 ND 239 Highlight: Criminal judgment entered after defendant pleaded guilty to gross sexual imposition and terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Clark v. State
2017 ND 238 Highlight: Summary dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Whetsel
2017 ND 237 Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion. |
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Wisham v. State
2017 ND 236 Highlight: Summary dismissal of application for post-conviction relief alleging sentence time calculation error and violation of constitutional rights is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Wisham v. State
2017 ND 235 Highlight: Order denying a petitioner's application for post-conviction relief on the basis of ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Vacancy in Judgeship No. 9, ECJD
2017 ND 233 Highlight: The judgeship vacancy created by the retirement of Norman G. Anderson in Fargo is retained. |
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Matter of John T. Gassmann Trust
2017 ND 232
Highlight: Res judicata bars the relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties. |
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Wilkinson, et al. v. Board of University and School Lands of the State of N.D.
2017 ND 231
Highlight: Chapter 61-33.1, N.D.C.C., governing minerals rights of land inundated by the Pick-Sloan Missouri Project dams, applies retroactively. |
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Interest of F.S. (CONFIDENTIAL) (consolidated w/20170298 & 20170299)
2017 ND 230 Highlight: A district court does not abuse its discretion in reopening the record after trial has concluded when the evidence is directly relevant to the matter and a final order has not been issued. |
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Baker v. Autos, Inc., et al. (cross-reference w/20140033)
2017 ND 229 Highlight: Certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship. |
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Interest of Jane Doe (CONFIDENTIAL)
2017 ND 228 Highlight: A district court ordering Jane Doe's hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Osier (consolidated w/20170042)(cross-ref. w/19960346 & 19980088)
2017 ND 227 Highlight: Order denying motion for relief from the judgment under N.D.R.Civ.P. 60(b) is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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State v. Doornek (Consolidated w/20170027)
2017 ND 226 Highlight: Criminal judgment entered after a jury found defendant guilty of one count of theft of property and two counts of assaulting a peace officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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State v. Wagner
2017 ND 225 Highlight: A district court's order denying Wagner's motion to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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State v. Duchaine
2017 ND 224 Highlight: A district court's judgment entered after a jury found Duchaine guilty of burglary is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Phillips v. State (cross-reference w/20130151)
2017 ND 223 Highlight: Summary dismissal of application for post-conviction relief alleging newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Matter of Reciprocal Discipline of Matson
2017 ND 222 Highlight: Lawyer Disbared. |
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Disciplinary Board v. Nemec
2017 ND 221 Highlight: Lawyer Disbared. |
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Vacancy in Judgeship No. 3, NECJD
2017 ND 220 Highlight: Judicial Vacancy Filled. |
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Markgraf, et al. v. Welker, et al. (cross-reference w/ 20150116)
2017 ND 219
Highlight: A resulting trust exists where the parties' acts or expressions indicate an intent that a trust relation resulted from their transaction conveying property. |
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Kulczyk, et al. v. Tioga Ready Mix Co., et al.
2017 ND 218
Highlight: Res judicata prevents the relitigation of claims that were raised, or could have been raised, in prior actions between the same parties. |
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Zundel, et al. v. Zundel
2017 ND 217
Highlight: In general, property not used for the production of agricultural crops, livestock, or livestock products is not agricultural land. |
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Disciplinary Board v. Lee
2017 ND 216 Highlight: Lawyer Disbarred. |
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Coon, et al. v. N.D. Dep't of Health, et al.
2017 ND 215
Highlight: The Department of Health administrative regulations require all concentrated animal feeding operations to apply for and obtain a pollutant discharge elimination system permit. |
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Lewis v. Smart
2017 ND 214
Highlight: A district court's decision whether to grant relief under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion. |
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State v. Rath
2017 ND 213 Highlight: A supervisory writ is issued rarely and cautiously only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Conrad v. Wilkinson
2017 ND 212 Highlight: A pending lawsuit that does not affect title to real property may not be the basis for a party to file a lis pendens against the real property and an improperly filed lis pendens may be cancelled. |
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Schwartzenberger v. McKenzie County Board of County Commissioners
2017 ND 211
Highlight: An appeal is not moot if the controversy is one of great public interest and involves the authority and power of public officials, or alternatively, if the matter is capable of repetition yet evading review. |
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Welch v. WSI, et al.
2017 ND 210
Highlight: In an administrative appeal, the Court determines only whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record. |
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State v. Newark
2017 ND 209
Highlight: A district court's decision whether to grant a motion for continuance will not be set aside on appeal absent an abuse of discretion. |
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Interest of M.S. (CONFIDENTIAL) (cross-reference w/20140304, 20140435 & 2016023
2017 ND 208 Highlight: A demand for a change of judge under N.D.C.C. § 29-15-21 is not valid in a mental health proceeding if the judge sought to be disqualified has already ruled on any matter pertaining to the proceeding. |
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State v. Helm
2017 ND 207 Highlight: A warrantless urine test may not be administered as a search incident to a lawful arrest for driving while impaired, and a driver may not be prosecuted for refusing a warrantless urine test incident to arrest. |
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Nygaard v. Taylor (consolidated w/ 20170017)
2017 ND 206
Highlight: The Supreme Court may exercise supervisory jurisdiction when issues of vital concern regarding matters of important public interest are presented. |
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State v. Majetic
2017 ND 205
Highlight: Under the obvious error rule in criminal proceedings, an appellate court may not notice a claimed error that was not brought to the attention of a trial court unless there is error that is plain and affects a defendant's substantial rights. |
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Kramlich, et al. v. Hale, et al.
2017 ND 204
Highlight: A broadly-worded agreement in one contract can require arbitration of disputes arising under related contracts. |
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State v. Pulkrabek
2017 ND 203
Highlight: The different subsections of the theft statute, N.D.C.C. § 12.1-23-02, are alternative means of committing the crime of theft and are not separate, independent, offenses. |
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Vail v. S/L Services, Inc.
2017 ND 202
Highlight: An employer may not willfully misrepresent to Workforce Safety and Insurance the amount of payroll used to calculate insurance premiums, or willfully fail to secure coverage for employees. |
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Public Service Commission v. Grand Forks Bean Company, Inc., et al.
2017 ND 201
Highlight: A noncredit-sale receipt holder of an insolvent grain warehouseman is entitled to participate in an insolvency trust fund administered by the Public Service Commission, and a credit-sale contractor is not entitled to participate in that trust fund. |
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Fahey, et al. v. Fife, et al.
2017 ND 200
Highlight: Arguments not raised to the district court will not be addressed on appeal. |
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Disciplinary Board v. Allen
2017 ND 199
Highlight: Although N.D.R. Prof. Conduct 1.8(l) exempts attorneys with familial relationships from the absolute ban against serving in the dual capacities of fiduciary and lawyer for the fiduciary, it does not relieve them from duties owed under the law and the rules of professional conduct. |
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Stuber, et al. v. Engel, et al.
2017 ND 198
Highlight: Under N.D.C.C. § 30.1-18-14, a person dealing with a personal representative in good faith is protected as if the personal representative properly exercised the personal representative's power. |
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Hokanson, et al. v. Zeigler, et al.
2017 ND 197
Highlight: Under an installment sales contract for patent from the State Board of University and School Lands, the State retains the legal title to the property and holds it in trust for the purchaser and as security for the purchaser's compliance with the contract. |