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 12418 results
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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. |
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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. |