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.
2501 - 2600 of 12418 results
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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. |
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Saari v. State
2017 ND 94
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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Everett v. State
2017 ND 93
Highlight: The right of appeal is governed solely by statute in this state, and without any statutory basis to hear an appeal, the Supreme Court must take notice of the lack of jurisdiction and dismiss the appeal. |
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Goodall, et al. v. Monson, et al.
2017 ND 92
Highlight: A latent ambiguity arises when a writing appears unambiguous on its face, but some collateral matter makes the meaning uncertain. |
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Lizakowski v. Lizakowski
2017 ND 91
Highlight: A district court's determination on property division or spousal support will not be set aside for failure to explicitly state the basis for its findings if that basis is reasonably discernable by deduction or inference. |
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State v. Howe
2017 ND 90 Highlight: Conviction on two counts of possession of a controlled substance and two counts of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Schnellbach
2017 ND 89 Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of J.J.A.M. (Confidential)
2017 ND 88 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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State v. Caster
2017 ND 87 Highlight: Amended criminal judgment revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). State v. McAvoy, 2008 ND 204, 9, 757 N.W.2d 394; State v. Wetzel, 2011 ND 218, 11, 806 N.W.2d 193. |
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Vacancy in Judgeship No. 1, Southeast Judicial District
2017 ND 86 Highlight: Judgeship retained at Jamestown. |
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Vacancy in Judgeship No. 2, Northeast Judicial District
2017 ND 85 Highlight: Judgeship retained at Rugby. |
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Glende v. State
2017 ND 84 Highlight: District court judgment summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Rufus v. State
2017 ND 83 Highlight: Order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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City of Gwinner v. Vincent
2017 ND 82
Highlight: A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test. |
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City of Dickinson v. Schank
2017 ND 81
Highlight: A person arrested for driving or being in actual physical control of a motor vehicle while under the influence has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test. |
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Rath v. Rath (cross reference w/20150133)
2017 ND 80
Highlight: Threats and activity intended to embarrass, annoy, or harass are not constitutionally protected speech. |
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State v. Conrad
2017 ND 79
Highlight: Whether the civil dispute doctrine applies in a criminal case is a question of law. |
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THR Minerals, LLC. v. Robinson, et al.
2017 ND 78
Highlight: Assignments and deeds are interpreted in the same manner as contracts, with the primary purpose to ascertain and effectuate the parties' or grantor's intent. |
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Stewart v. State
2017 ND 77
Highlight: An applicant for post-conviction relief claiming ineffective assistance of counsel must establish counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced the applicant's defense. |
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Voigt v. N.D. Public Service Commission, et al.
2017 ND 76
Highlight: Section 38-14.1-21, N.D.C.C., provides for surface coal mining permit approval and denial standards, including protection for statutorily-defined "alluvial valley floors," certain types of valleys with special importance to farming. |
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State v. Webster
2017 ND 75
Highlight: An individual may not be criminally prosecuted for refusing a warrantless blood test incident to arrest. |
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State v. Ashby
2017 ND 74
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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Carroll v. Carroll
2017 ND 73
Highlight: A district court's decision whether to vacate a judgment or grant a new trial rests entirely within the its discretion. |
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Nandan, LLP, et al. v. City of Fargo (cross-ref. w/20140121)
2017 ND 72
Highlight: Summary judgment generally is an appropriate method for resolving statutory construction issues. |
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Estate of Vendsel (consolidated w/20160164)
2017 ND 71
Highlight: A self-represented litigant is subject to the rules of appellate procedure and has a duty to bring to the court's attention the proper rules of law that apply to a case. |
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State v. Belgarde
2017 ND 70
Highlight: The starting point for whether a late alibi notice should be excused under N.D.R.Crim.P. 12.1(d) is some showing of good cause by the defendant to justify an exception. |
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Gaede v. Bertsch
2017 ND 69
Highlight: Section 23-06-03, N.D.C.C., requires a deceased inmate's county of residence to arrange for and supervise the deceased inmate's burial only if the inmate does not have a surviving spouse or kindred and did not leave sufficient means to pay the funeral expenses. |
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A. R. Audit Services, Inc. v. Tuttle
2017 ND 68 Highlight: On review of a summary judgment, if reasonable persons could reach only one conclusion from the facts, issues of fact may become issues of law. |
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Gagnon v. Gagnon
2017 ND 67 Highlight: If the district court finds credible evidence of domestic violence exists, it is the predominate factor to be considered in a primary residential responsibility decision. |
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Myers v. State (cross-reference w/20150223)
2017 ND 66 Highlight: An applicant who inexcusably fails to raise all claims in a single postconviction relief proceeding misuses the postconviction relief process by filing a subsequent application raising issues that could have been raised in the earlier proceeding. |
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Roe v. State
2017 ND 65 Highlight: A victim's recantation does not by itself make her initial allegation of sexual abuse implausible or incredible, because she may have a variety of reasons to testify in apparent conflict with her prior statement. |
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Judicial Conduct Commission v. Hagar
2017 ND 64 Highlight: A judge may be suspended without pay for violations of the Code of Judicial Conduct. |
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Thompson v. State (cross-reference w/20150157)
2017 ND 63 Highlight: A district court order entered on remand denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Russell
2017 ND 62 Highlight: Criminal judgments entered after a jury found defendant guilty of possession of a controlled substance and possession of drug paraphernalia are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Matter of Wegley
2017 ND 61 Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Evans v. State
2017 ND 59 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). |
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Follman v. Follman
2017 ND 58 Highlight: A district court amended judgment awarding primary residential responsibility to the father and order denying a motion for continuance is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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EduCap, Inc. v. Elder, et al.
2017 ND 57 Highlight: A district court's orders denying a request for relief from judgment under N.D.R.Civ.P. 60(d) and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Kaul
2017 ND 56
Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity. |
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Ueckert v. N.D. Dep't of Transportation
2017 ND 55 Highlight: A district court judgment affirming the Department of Transportation hearing officer's decision is summarily affirmed under N.D.R.App.P. 35.1(a)(7); Beylund v. Levi, 2017 ND 30. |
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Hamilton v. State
2017 ND 54
Highlight: A district court's erroneous construction and application of N.D. Sup. Ct. Admin. R. 52, § 2(D) and (E) amounted to harmless error. |
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O'Hara v. Schneider
2017 ND 53
Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law. |
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City of Grand Forks v. Opp
2017 ND 52
Highlight: A defendant is limited on appeal to issues raised in motion for new trial. |