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.
2401 - 2500 of 12359 results
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State v. Carson (consolidated w/20160384)
2017 ND 196 Highlight: Under N.D.C.C. § 12.1-32-08(1)(a), "directly related" and "direct result" require an immediate and intimate causal connection between the criminal conduct for which the defendant was convicted and the damages or expenses for which restitution is ordered. |
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State v. Azure
2017 ND 195
Highlight: Under North Dakota Rules of Evidence 804, it does not matter that the defendant may have had significantly less incentive to cross-examine the witness at the preliminary examination hearing than at the trial, the testimony is permissible at trial if it meets the requirements under the rule. |
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Linstrom, et al. v. Normile
2017 ND 194
Highlight: A district court has broad discretion on evidentiary matters and its decision to admit or exclude evidence will not be overturned unless it abused its discretion. |
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Williams County v. Sorenson, et al.
2017 ND 193
Highlight: Administrative res judicata is applied more cautiously than judicial res judicata, taking into consideration the subject matter decided by the administrative agency, the purpose of the administrative action, and the reasons for the later proceeding. |
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Chase v. State
2017 ND 192 Highlight: Summary dismissal is normally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing. |
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Maragos, et al. v. Newfield Production Company
2017 ND 191 Highlight: A party with a royalty interest in a property, who has not signed a division order with an oil company, may recover underpayments from the oil company. |
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State v. Blotske
2017 ND 190
Highlight: A district court's decision on a motion for mistrial will not be reversed on appeal absent a showing the court abused its discretion or that a manifest injustice would occur. |
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Booen v. Appel
2017 ND 189
Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out-of-state with a child. |
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State v. Davison (consolidated w/ 20160390 & 20160454)
2017 ND 188
Highlight: Statutory interpretation is a question of law, which is fully reviewable on appeal. |
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Adoption of J.L.F. (CONFIDENTIAL)
2017 ND 187 Highlight: An individual seeking to adopt a child must ordinarily obtain the written consent of the child's parents, though if written consent is not provided, it must be proven the parent either (1) for one year failed significantly without justifiable cause to communicate with the child or provide for the care and support of the child or (2) abandoned the child. |
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State v. Hyde
2017 ND 186
Highlight: The State has the burden to prove the three elements of the emergency doctrine exist at the time of a warrantless entry into a residence. |
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State v. Von Ruden
2017 ND 185
Highlight: An arresting officer's manual abortion of an Intoxilyzer breath test sequence after receiving a deficient sample does not invalidate the test results from a second, independent breath test sequence administered in accordance with the approved method. |
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Kulbacki v. Michael (cross-reference 20130283)
2017 ND 184
Highlight: A motion to modify grandparent visitation with a minor child requires the moving party to show a material change of circumstances has occurred since the prior visitation order and it is in the child's best interests to modify the order. |
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Industrial Contractors Inc. v. Taylor, et al.
2017 ND 183 Highlight: Under workers' compensation law, seasonal employment includes occupations that are not permanent or that do not customarily operate throughout the entire year and is determined by what is customary with respect to the employer at the time of injury. |
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Disciplinary Board v. Widdel
2017 ND 182 Highlight: Lawyer Suspended. |
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Vacancy in Judgeship No. 6, NEJD
2017 ND 181 Highlight: Judgeship retained at Grafton. |
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Ritter v. Ritter (Cross-reference w/20150202)
2017 ND 180 Highlight: A district court's second amended judgment denying a motion for equal residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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Langved v. Continental Resources, Inc., et al. (cross-reference 20150335)
2017 ND 179
Highlight: Appeals from decisions of the Industrial Commission cannot be turned into inverse condemnation actions. |
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Interest of A.B. (consolidated with 20170206)(confidential)
2017 ND 178
Highlight: In terminating parental rights, a parent's lack of cooperation with social services is relevant and indicates the causes and conditions of deprivation are likely to continue. |
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State v. Friesz
2017 ND 177
Highlight: Warrantless and non-consensual searches and seizures made inside a home are presumptively unreasonable, unless an exception to the warrant requirement applies. |
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Paving District 476 Group, et al. v. City of Minot
2017 ND 176
Highlight: A property owner does not have a constitutional right to notice when a municipality initially decides to create an improvement district and construct an improvement. |
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Zerr v. WSI
2017 ND 175
Highlight: Dismissal for lack of subject matter jurisdiction is appropriate when a plaintiff fails to exhaust administrative remedies. |
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Dixon v. Dixon, et al.
2017 ND 174
Highlight: A deed may be reformed if there is a mutual mistake and the contract does not truly express the parties' intention. |
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Leavitt v. State
2017 ND 173
Highlight: In opposing a State's motion for summary disposition, an applicant for post-conviction relief may not merely rely on the pleadings or on unsupported conclusory allegations but must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact. |
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State v. Hawkins
2017 ND 172
Highlight: A district court's decision on a motion to suppress evidence will be affirmed unless the decision is not supported by sufficient competent evidence, or unless the decision is against the manifest weight of the evidence. |
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State v. Teggatz
2017 ND 171
Highlight: A district court's decision to admit or exclude evidence is subject to review for abuse of discretion. |
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Schaffner v. Schaffner (cross reference w/20160388 & 20170021)
2017 ND 170 Highlight: For purposes of appealability, district court orders are treated as final judgments if the district judge intended the order to be a final judgment. |
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Mosser, et al. v. Denbury Resources, Inc., et al.
2017 ND 169
Highlight: Absent a prior conveyance of pore space to a third party, the owner of a surface estate owns the pore space beneath the surface. |
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State v. Glick
2017 ND 168 Highlight: Motions for mistrial fall within the broad discretion of the district court and will not be reversed on appeal absent a showing that the court abused its discretion or that a manifest injustice would occur. |
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Denault v. State
2017 ND 167
Highlight: Declaratory judgment actions are reviewed under the same standards as other cases. |
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Interest of M.M.C. (CONFIDENTIAL)(consolidated w/20170209-20170211 & 20170217-20
2017 ND 166 Highlight: A district judge's order affirming a juvenile court referee's findings of fact and order terminating parental rights, and adopting the referee's order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Watkins
2017 ND 165 Highlight: When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply. |
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Interest of A.F.L. (CONFIDENTIAL)
2017 ND 164 Highlight: A district court's order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Abell v. GADECO, LLC
2017 ND 163 Highlight: Drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground. |
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Estate of Johnson (cross ref w/20140173 & 20160020)
2017 ND 162
Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Supreme Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. |
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Disciplinary Board v. Foster (Consolidated w/20170151)
2017 ND 161 Highlight: Lawyer Disbarred. |
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State v. Hutchinson (consolidated w/20170002)
2017 ND 160
Highlight: An order denying the State's motion for correction of an illegal sentence under Rule 35(a), N.D.R.Crim.P., is appealable under N.D.C.C. § 29-28-01(4), as it affects a substantial right. |
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Spirit Property Management v. Vondell, et al.
2017 ND 158
Highlight: Eviction actions are designed as summary proceedings. |
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State v. Bell
2017 ND 157
Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained. |
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State v. Hedstrom
2017 ND 156
Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search. |
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Peterson v. Schulz
2017 ND 155 Highlight: Most non-appealable intermediate orders may be reviewed on appeal from a final judgment. In domestic relations cases, the requirements of N.D.R.Ct. 8.2 must be complied with before a party's request for affirmative relief may be granted in an ex parte interim order. Attorney's fees may be awarded as a remedial sanction for contempt. |
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State v. Froelich
2017 ND 154
Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant. |
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Interest of Tanner (cross-reference 20120084)
2017 ND 153
Highlight: When a person committed as a sexually dangerous individual petitions for discharge, the State has the burden of proving by clear and convincing evidence that the committed individual remains a sexually dangerous individual. |
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Brown v. WSI
2017 ND 151 Highlight: Judgment affirming a decision of Workforce Safety and Insurance to terminate disability and vocational rehabilitation benefits and require repayment of $2,558.57 in benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Jasmann v. State
2017 ND 150 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7). |
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Disciplinary Board v. Matson (cons. w/ 20170102-20170121)
2017 ND 149 Highlight: Lawyer disbarred. |
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Statoil Oil & Gas, LP v. Abaco Energy, LLC, et al. (Consolidated w/20160262)
2017 ND 148 Highlight: A district court's decision on a motion to dismiss for failure to join an indispensable party is reviewed for an abuse of discretion. |
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State v. Cody
2017 ND 147 Highlight: When an ineffective assistance of counsel claim is raised on direct appeal from a criminal conviction, the defendant must show ineffectiveness of constitutional dimensions from the face of the existing record to obtain relief. |
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Cartwright, et al. v. Tong, M.D., et al.
2017 ND 146
Highlight: A prima facie case of medical negligence requires expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of. |
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Huebner, et al. v. Furlinger, et al. (cross-reference w/20150169)
2017 ND 145 Highlight: Under the abandoned mineral statutes, the surface owner must mail a copy of the notice of lapse to the mineral interest owner's address if the mineral interest owner's address is shown of record. |
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Interest of R.W.B.C.
2017 ND 144 Highlight: The clearly erroneous standard of review does not permit a reweighing of evidence or reassessment of credibility. |
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State v. Bailey
2017 ND 143
Highlight: In determining "corroborating circumstances" under N.D.R.Ev. 804(b)(3), the district court may analyze both the credibility of the in-court witness and the reliability of the out-of-court declarant. |
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State v. Wilkie
2017 ND 142
Highlight: Police officers outside of their jurisdiction generally act without official capacity and authority to arrest. |
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State v. Phelps
2017 ND 141
Highlight: To justify stopping a moving vehicle for investigation, a law enforcement officer must have a reasonable and articulable suspicion a motorist has violated or is violating the law. |
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SNAPS Holding Company v. Leach, et al.
2017 ND 140
Highlight: An indemnification agreement need not be in writing, and an agent's authority to enter into an indemnification agreement need not be in writing. |
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State v. Turbeville
2017 ND 139
Highlight: At a preliminary hearing in a criminal case, the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but need only produce sufficient evidence to establish probable cause that a crime occurred and that the defendant committed it. |
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Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291,
2017 ND 138
Highlight: A party is not entitled to demand a change of judge if the judge sought to be disqualified has ruled upon a matter pertaining to the action. |
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Matter of L.Z.N.
2017 ND 137
Highlight: It was proper for the district court to look at the social stigma associated with sex offenders in determining the best interest of a child in a name change petition. |
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Thompson v. Lithia ND Acquisition Corp. #1
2017 ND 136
Highlight: The Federal Arbitration Act does not preempt all state arbitration law. A party alleging an arbitration agreement is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability. |
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City of Grand Forks v. Reilly
2017 ND 135
Highlight: Not all communications between law enforcement and citizens implicate the Fourth Amendment. |
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State v. Shick
2017 ND 134
Highlight: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue in the trial context. A party's failure to renew their objection at trial acts as a waiver of the claim of error. |
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Marman v. Levi
2017 ND 133 Highlight: The odor of an alcoholic beverage, poor balance, and open containers of alcohol may permit an officer to reasonably formulate an opinion the body of a driver in a single-car crash contains alcohol. |
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Hageness, et al. v. Davis, et al.
2017 ND 132
Highlight: A party is barred from bringing an action for the recovery or possession of real property, unless the party was seized or possessed of the property within twenty years before bringing the action. |
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State v. Raphael
2017 ND 131 Highlight: Criminal judgment for possession of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Junas v. N.D. Dep't of Transportation
2017 ND 130 Highlight: Suspension of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7), Beylund v. Levi, 2017 ND 30, 889 N.W.2d 907, and Barrios-Flores v. Levi, 2017 ND 117. |
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State v. Smith
2017 ND 129 Highlight: Criminal judgment entered after district court found a defendant guilty of aggravated assault - domestic violence is summarily affirmed under N.D.R.App.p. 35.1(a)(3). |
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Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291,
2017 ND 128
Highlight: Although reviewable on appeal from a final judgment, orders denying demands for change of judge are interlocutory and not appealable. |
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Sorenson, et al. v. Bakken Investments, LLC, et al.
2017 ND 127 Highlight: Only a person having an interest in, or claiming an interest in, real property may challenge a court's rulings in a quiet title action. |
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State v. Ayala
2017 ND 126 Highlight: Section 39-20-01, N.D.C.C., requires law enforcement officers to convey the implied-consent advisory in an objectively reasonable way calculated to be comprehensible to the driver. |
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Johnson v. Johnson
2017 ND 125
Highlight: A party cannot rely on the other party's request for an oral argument to guarantee himself or herself an oral argument. |
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State v. Hall
2017 ND 124
Highlight: A four-factor balancing test is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused. |
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Interest of F.M.G. (Confidential)
2017 ND 123
Highlight: Section 25-03.1-18.1(1)(a), N.D.C.C., does not require both treating and non-treating physicians to testify at a medication hearing addressing a request to involuntarily treat with medication. |
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Allmon v. Allmon
2017 ND 122
Highlight: While a long-term marriage generally supports an equal division of property, a court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage. |
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Guardianship and Conservatorship of M.E. (cross-reference w/20150117)
2017 ND 121 Highlight: A party petitioning for termination of a guardianship must make a prima facie showing that the ward is no longer incapacitated, and if a prima facie case is established, the guardian has the burden to prove by clear and convincing evidence that the ward remains an incapacitated person. |
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Cossette, et al. v. Cass County Joint Water Resource District
2017 ND 120
Highlight: An action for equitable relief generally cannot be combined with a statutory appeal seeking a review of a local governing body's decision. |
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Keller v. Keller
2017 ND 119
Highlight: If a person claims to have been engaged in constitutionally protected activity, the district court must determine the claim as a matter of law and exclude evidence of the constitutionally protected activity if found valid. |
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Kauk, et al. v. Kauk, et al.
2017 ND 118
Highlight: A district court's grant of declaratory relief is reviewed for abuse of discretion. |
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Barrios-Flores v. Levi
2017 ND 117
Highlight: A law enforcement officer may request a driver to submit to an onsite screening test of the driver's breath if the officer has a reasonable suspicion the individual was driving under the influence. |
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State v. Cox
2017 ND 116 Highlight: Criminal judgment entered after a defendant pled guilty to delivery of methamphetamine is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Jessop v. Levi
2017 ND 115 Highlight: Revocation of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Buresh v. State
2017 ND 114 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434)
2017 ND 113 Highlight: Lawyer disbarred. |
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Ceynar, et al. v. Tesoro Logistics LP, et al.
2017 ND 112 Highlight: The use of an easement must be consistent with the purpose of the original dedication. |
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Everett v. State (cross ref. w/20070074, 20080063, 20090244, 20100222, (cont)
2017 ND 111
Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance. |
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Black Stone Minerals Co., et al. v. Brokaw, et al.
2017 ND 110
Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance. |
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Gonzalez v. State
2017 ND 109 Highlight: Failure to make specific findings of fact and conclusions of law under N.D.C.C. § 23-32.1-11 is harmless error when this Court is able to ascertain from the record the district court's reasoning for its decision. |
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State v. Gray
2017 ND 108
Highlight: When an affidavit is filed with a complaint, these documents may be read together to test the sufficiency of the complaint in a motion to dismiss. When an appellant assumes the consequences and the risk for the failure to file a transcript on appeal, and this Court will not review an issue if the record on appeal does not allow a meaningful and intelligent review of the district court's alleged error. |
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Greene v. Matthys
2017 ND 107
Highlight: Section 28-01-46, N.D.C.C., requires a plaintiff in a medical negligence action to serve on the defendant an expert's affidavit containing, among other things, an opinion to support a prima facia case of professional negligence. |
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State, et al. v. Winegar
2017 ND 106 |
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Ogren, et al. v. Sandaker, et al.
2017 ND 105
Highlight: Royalty interests in a mineral estate may be conveyed or reserved as a fractional royalty interest or a fraction of royalty interest. |
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Morris v. State
2017 ND 104
Highlight: To prevail on a post-conviction claim of ineffective assistance of counsel, the petitioner has the heavy burden of proving (1) counsel's representation fell below an objective standard of reasonableness, and (2) the petitioner was prejudiced by counsel's deficient performance. |
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Crawford v. N.D. Dep't of Transportation
2017 ND 103
Highlight: Traffic violations constitute prohibited conduct and provide law enforcement officers with sufficient grounds for an initial investigatory traffic stop. |
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State v. Rourke
2017 ND 102
Highlight: A criminal defendant must preserve a sufficiency of the evidence argument for appeal by moving for a judgment of acquittal at trial under N.D.R.Crim.P. 29. |
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Opp v. N.D. Dep't of Transportation (consolidated w/20160215)
2017 ND 101 Highlight: A Department of Transportation decision suspending or revoking driving privileges may be appealed to the district court by serving the director and filing a notice of appeal with specifications of error in the district court within seven days after t |
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Estate of Nohle
2017 ND 100
Highlight: Issues that are not briefed or argued on appeal are deemed abandoned. |
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Mid Dakota Clinic v. Livengood
2017 ND 99
Highlight: The right to vacate satisfactions is based upon the inherent right of courts to correct its records to conform to the facts. |
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Addai v. State
2017 ND 98
Highlight: An application for post-conviction relief alleging newly discovered evidence, filed more than two years after the conviction becomes final, may be considered if the new evidence proves the applicant did not engage in the criminal conduct for which he was convicted. N.D.C.C. § 29-32.1-01(3)(a)(1). |
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Booth v. State
2017 ND 97
Highlight: To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution's case, or there was a realistic potential for a lower sentence. |
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Holm v. Holm
2017 ND 96
Highlight: The written description of stock dividends in an employment agreement is not necessarily determinative of their nature, but the underlying purpose of the dividends is the primary consideration in marital property cases. |
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State v. Brewer
2017 ND 95 Highlight: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue in the trial context. A party's failure to renew their objection at trial acts as a waiver of the claim of error. |