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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.

2681 - 2690 of 12359 results

Peterson v. Peterson 2016 ND 157
Docket No.: 20150363
Filing Date: 7/26/2016
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: For obligors believing they can no longer pay the court-ordered spousal support, the appropriate procedure is to immediately move the court to abolish or reduce the court-ordered support because of a change of circumstances, not unilaterally to cease making the required payments.

Interest of D.W. (CONFIDENTIAL) 2016 ND 156
Docket No.: 20160002
Filing Date: 7/25/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: For a sexually dangerous individual, the executive director of the department of human services may not be required to create a less restrictive treatment facility or treatment program specifically for the respondent or committed individual.

Sandahl, et al. v. City Council of the City of Larimore 2016 ND 155
Docket No.: 20150364
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: An appeal from a decision of a local governing body must be filed within 30 days of the decision.

State v. Francis 2016 ND 154
Docket No.: 20150280
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: Electioneering law prohibiting the gathering of signatures within 100 feet of the entrance to an open polling place is a reasonable time, place, and manner restriction on speech.
Prohibition on collecting signatures within 100 feet of the entrance to an open polling place is a reasonable restriction on the initiated ballot measure process.
To show abuse of prosecutorial discretion, defendants must establish similarly situated individuals were not prosecuted and prosecution of the defendant was based on an improper motive.

Klein v. Klein 2016 ND 153
Docket No.: 20160043
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Statute terminating permanent spousal support award upon habitual cohabitation of the spouse receiving support does not apply to cohabitation occurring prior to August 1, 2015.

State v. Asbach (cross-ref. w/20140471) 2016 ND 152
Docket No.: 20160055
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Bad faith is a question of fact.

State v. Horning (cross-reference w/20150148) 2016 ND 151
Docket No.: 20160086
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Once the presumption is established that property is forfeitable drug money, the person claiming the property must rebut the presumption.

City of Napoleon v. Kuhn (cross-ref. w/20140134) 2016 ND 150
Docket No.: 20150327
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Violation of City Ordinance
Author: McEvers, Lisa K. Fair

Highlight: District courts have a wide discretion when setting restitution but must consider: (1) the reasonable damages sustained; (2) the ability of the defendant to pay monetary reparations; and (3) the likelihood that restitution will serve a valid rehabilitation purpose.
The State must prove the amount of restitution by a preponderance of the evidence.

Ratliff v. State 2016 ND 149
Docket No.: 20150330
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: To prevail on a postconviction 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.

Garaas v. Cass County Joint Water Resource District 2016 ND 148
Docket No.: 20150350
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: As a prerequisite to issuing a valid order or judgment, a court must have both subject matter and personal jurisdiction.
A valid appeal of the decision of a local governing board requires that a copy of the appeal be served on a member of the board.

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