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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.

2431 - 2440 of 12446 results

State v. Lark 2017 ND 251
Docket No.: 20170143
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

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.

Giwa v. State 2017 ND 250
Docket No.: 20170168
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

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.
The voluntary and knowing nature of a guilty plea is not affected by the district court's failure to notify a defendant of a collateral consequence of the plea.

State v. Crissler 2017 ND 249
Docket No.: 20170126
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

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.

Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072) 2017 ND 248
Docket No.: 20170068
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Juvenile Law
Author: Jensen, Jon J.

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.

Interest of B.A.C. (CONFIDENTIAL) 2017 ND 247
Docket No.: 20170314
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Mental Health
Author: Tufte, Jerod E.

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.

State v. Campbell 2017 ND 246
Docket No.: 20160197
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion.

Berry v. Berry 2017 ND 245
Docket No.: 20170085
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

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.
A district court's division of marital property is treated as a finding of fact subject to the clearly erroneous standard of review.

State v. Mayland 2017 ND 244
Docket No.: 20160453
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

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.
Under N.D.C.C. § 39-08-01, the crime of actual physical control may occur on private property, including a private driveway.

Estate of Eagon 2017 ND 243
Docket No.: 20170075
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

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.
Property passes upon death, not upon distribution.
Attorney fees may be awarded to petitioners in a probate proceeding if it results in added value to the estate or it determines the proper distribution of estate assets.

Brew v. Brew 2017 ND 242
Docket No.: 20170073
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

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.
Under the child support guidelines, a district court averages a self-employed obligor's income over the most recent five years to determine income from self-employment.
The district court has discretion to award attorney's fees when one party's actions have unreasonably increased the time spent on a case.

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