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.
2601 - 2700 of 12418 results
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State v. White
2017 ND 51 Highlight: A probationary search, supported by reasonable suspicion and authorized by a condition of supervised probation, is reasonable and does not violate the probationer's constitutional rights. |
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Jalbert v. Eagle Rigid Spans, Inc.
2017 ND 50
Highlight: A trial court's decision to grant or deny a new trial for an excessive damage verdict is discretionary and will not be overturned unless an abuse of discretion has been demonstrated. It is presumed that a damage verdict is proper, and this presumption is overcome only when the jury's verdict is so excessive that it shocks the conscience of the court. |
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Nelson v. McAlester Fuel Company, et al.
2017 ND 49
Highlight: The statutory procedure in N.D.C.C. ch. 38-18.1 allowing a surface owner to acquire abandoned mineral interests is a separate, distinct procedure from a subsequent quiet title action. |
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Mitzel v. Larson
2017 ND 48
Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the district court. |
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Broten, et al. v. Broten (cross-reference w/20140177)
2017 ND 47
Highlight: An unjust enrichment claim is fully reviewable on appeal, and the essential element in recovering under the theory is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value. |
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State v. Borden
2017 ND 46 Highlight: Criminal judgment for gross sexual imposition, aggravated assault, and menacing is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Environmental Driven Solutions v. Dunn County, et al.
2017 ND 45 Highlight: A county has no authority through its zoning regulations to veto the Industrial Commission's siting of an oil and gas waste treating plant. |
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Interest of A.D. (Confidential)
2017 ND 44 Highlight: 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. Nur
2017 ND 43 Highlight: A district court's judgment following a jury finding the defendant guilty of burglary is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Romanick, et al.
2017 ND 42
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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State v. Mindt
2017 ND 41 Highlight: A district court's order deferring imposition of sentence and an order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Kovalevich v. State (Consolidated w/20160325)
2017 ND 40 Highlight: Appeals from denials of motions for new trial and an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of D.V.A.(Confidential-Cross-ref.w/20080319,20100091,20110358,20140384)
2017 ND 39 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wheeler v. Schmalenberger, et al.
2017 ND 38 Highlight: Order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). |
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Snyder v. Director, N.D. Dep't of Transportation
2017 ND 37 Highlight: Appeal from judgment reversing Department of Transportation decision suspending driving privileges is summarily reversed under N.D.R.App.P. 35.1(b) and Beylund v. Levi, 2017 ND 30. |
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Hofland v. Hofland
2017 ND 36 Highlight: A district court's order awarding primary residential responsibility to the father once the child starts school is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Estate of Harris (consolidated w/20160085)
2017 ND 35
Highlight: A party moving to vacate a judgment entered consistent with the terms of stipulations must first prove that, under the law of contracts, there is justification for setting the contract aside. |
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Estate of Brakke
2017 ND 34
Highlight: A district court may consider a compromise agreement settling litigation challenging a settlor's capacity to create a trust under statutory provisions in the Uniform Probate Code. |
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GEM Razorback, LLC v. Zenergy, Inc.
2017 ND 33
Highlight: Dismissal for lack of subject matter jurisdiction is appropriate if the plaintiff failed to exhaust administrative remedies. |
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Golberg v. N.D. Dep't of Transportation
2017 ND 32 Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Snider, et al. v. Dickinson Elks Building, LLC, et al.
2017 ND 31 Highlight: A construction lien created as a matter of law ceases to exist for failure to comply with the limitations periods provided in the construction lien statutes. |
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Cody v. State
2017 ND 29 Highlight: When a defendant applies for post-conviction relief without requesting an evidentiary hearing and the State does not move for summary disposition in its response, the district court does not err by considering information outside the application in denying the defendant's application on the merits without holding an evidentiary hearing after the defendant received notice and an opportunity to present evidence. |
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Interest of Nelson
2017 ND 28
Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior. |
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Hoverson v. Hoverson (cross-ref.w/20120281 & 20140198)
2017 ND 27
Highlight: Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished. |
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Klein, et al. v. Sletto, et al.
2017 ND 26 Highlight: A contract for the sale of property is invalid unless it is in writing. |
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Burk v. State of North Dakota, et al.
2017 ND 25
Highlight: A settlement agreement is a contract and the parties' rights and responsibilities are limited by the terms of the agreement. |
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Rathbun v. Rathbun
2017 ND 24 Highlight: A district court errs by failing to correctly apply the child support guidelines when imputing income to an obligor. |
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State v. Cox
2017 ND 23 Highlight: Issues that are not raised before the district court will not be addressed on appeal. |
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Nusviken, et al. v. Johnston, et al.
2017 ND 22
Highlight: Under an attorney's lien, the attorney is the equitable assignee of money due from the judgment debtor to the judgment creditor. |
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Tillich, et al. v. Bruce, et al.
2017 ND 21 Highlight: When a party requests attorney fees under N.D.C.C. § 28-26-01(2), the district court must first determine whether a claim is frivolous. If the court determines the claim is frivolous, the court must award reasonable attorney fees to the prevailing party. |
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Beckstrand v. Beckstrand, et al. (consolidated w/20160106)
2017 ND 20
Highlight: Cancellation of a contract for deed by action is an action in equity, and the district court must base its decision on equitable principles. |
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Krenz, et al. v. XTO Energy, Inc. (cross-reference w/20110147)
2017 ND 19
Highlight: The unauthorized use of land to develop mineral interests is a trespass. |
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J B Construction, Inc. v. Job Service
2017 ND 18
Highlight: The exemption of certain officers from "employment" under the unemployment compensation law is granted to an officer as an individual, not to the officer's position. |
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Glass v. Glass
2017 ND 17 Highlight: Before N.D.C.C. § 14-05-24.1 was amended effective August 1, 2015, remarriage created a prima facie case to terminate permanent spousal support unless extraordinary circumstances existed to justify its continuance. The decision as to whether spousal support terminated, and if so, when, lied within the district court's discretion. |
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Sadek v. N.D. Dep't of Transportation
2017 ND 16 Highlight: Appeal from judgment reversing Department of Transportation decision revoking driving privileges is summarily reversed under Dettler v. Sprynczynatyk, 2004 ND 54, 675 N.W.2d 799, and N.D.R.App.P. 35.1(b). |
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State v. Gibson
2017 ND 15 Highlight: Under N.D.C.C. § 29-19-02, a defendant "elects" his right to a speedy trial when the district court and the prosecutor receive the party's request. |
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Norberg, et al. v. Norberg
2017 ND 14
Highlight: Collateral estoppel means issue preclusion, and issues can be either legal or factual. |
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Matter of C.D.G.E. (Confidential)
2017 ND 13 Highlight: A district court does not abuse its discretion in denying a parental-termination petition unless the petitioner establishes that denying the petition would seriously affect the child's welfare. |
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Chatman v. State
2017 ND 12 Highlight: Appeal from summary denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Shelton v. Shelton
2017 ND 11 Highlight: A district court's award of joint residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Louser, et al.
2017 ND 10 Highlight: Supervision granted. |
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Ashley v. State
2017 ND 9 Highlight: A district court's denial of a motion for post-conviction relief is summarily affirmed under N.D.R.App. P. 35.1 (a)(1). |
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Interest of Carter (cross-reference w/20100180)
2017 ND 8 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Moline v. Workforce Safety and Insurance, et al.
2017 ND 7 Highlight: A district court judgment affirming an administrative law judge's order, which affirmed WSI's order terminating a claimant's disability benefits, is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Harrison
2017 ND 6 Highlight: Conviction on four counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7). |
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State v. Catch the Bear
2017 ND 5 Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Lowe v. WSI
2017 ND 4 Highlight: A district court judgment dismissing an appeal from an administrative order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Moreland (consolidated w/20160268)
2017 ND 3 Highlight: A district court's order denying a request to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Nelson (consolidated w/20160225)(cross-ref. w/20150212)
2017 ND 2 Highlight: A district court's order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of Voisine (cross-ref. w/20090182, 20100163, 20120325 & 20140051)
2016 ND 254
Highlight: Courts are not restricted to actuarial tests in determining whether an individual is likely to engage in further acts of predatory conduct; all relevant conduct should be considered. |
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Castillo v. N.D. Dep't of Transportation
2016 ND 253
Highlight: When statutory language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit. |
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Koenig v. Schuh, et al.
2016 ND 252 Highlight: A civil personal injury litigant is not constitutionally or statutorily entitled to a free transcript. |
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Rasmussen v. Harvey
2016 ND 251 Highlight: The district court must balance one party's financial needs against the other party's ability to pay when awarding attorney's fees and costs in divorce proceedings. |
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Kraft v. State
2016 ND 250
Highlight: If the State moves to dismiss an application for post-conviction relief, the applicant must be allowed thirty days to respond if the State's motion asks the district court to go beyond the pleadings. |
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Western Petroleum, LLC, et al. v. Williams County Board of Commissioners
2016 ND 249
Highlight: An appeal from the decision of a board of county commissioners or other local governing body is subject to a very deferential and limited standard of review. |
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Pfeffer v. State
2016 ND 248
Highlight: For an ineffective assistance of counsel claim for counsel's failure to appeal, to show prejudice, a defendant must demonstrate there is a reasonable probability that, but for counsel's deficient failure to consult with him about an appeal, he would have timely appealed. |
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Rice v. Neether
2016 ND 247
Highlight: The rebuttable presumption that a deed has been delivered at its date arises only after delivery has been separately established. |
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Solwey v. Solwey
2016 ND 246
Highlight: For analysis of a prima facie showing for a change of primary residential responsibility, when the non-moving party submits a subsequent affidavit that conflicts with the person's initial affidavit submitted by the moving party, a district court must disregard any conflicting allegations in the subsequent affidavit. |
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Jones v. Levi
2016 ND 245 Highlight: The basis for a district court decision reversing an administrative agency order must have been properly raised by a party at the administrative level. |
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Nesheim v. Nesheim
2016 ND 244 |
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Interest of E.G.U. (Consolidated w/20160356)(Confidential)
2016 ND 243 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Matter of Hehn (cross-reference 20070167, 20110053, 20120070, (continued)
2016 ND 242 Highlight: A district court order denying discharge from 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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Jacobs-Raak v. Raak
2016 ND 240
Highlight: When the parties agree to a division of property, the district court should explain its reasons for not dividing the property according to that agreement. |
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Interest of R.F. (CONFIDENTIAL)
2016 ND 239 Highlight: A district court order continuing R.F.'s hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Young, n/k/a Klein v. Young (cross-ref. w/20070293)
2016 ND 238 Highlight: District court order denying motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7). |
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State v. Ortiz
2016 ND 237 Highlight: A district court's denial of a request to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1 (a)(4). |
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Schaffner v. Job Service North Dakota
2016 ND 236 Highlight: District court judgment affirming Job Service's decision denying unemployment insurance benefits is summarily affirmed under N.D.R.App.P. 35.1 (a)(5) & (7). |
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State v. Williams
2016 ND 235 Highlight: A criminal judgment following a jury conviction for gross sexual imposition and burglary is summarily affirmed under N.D.R.App.P. 35.1 (a)(2), (3), and (7). |
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Fredericks v. Fredericks, et al.
2016 ND 234
Highlight: Once tribal land is converted into fee simple, the tribe loses plenary jurisdiction over it. |
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CHS Inc. v. Riemers
2016 ND 233 Highlight: As modified for prejudgment interest, appeal from summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). |
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State v. Karna
2016 ND 232 Highlight: Information from an informant whose identity is easily ascertainable has a higher indicia of reliability than information obtained from an anonymous informant. |
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Schweitzer v. Mattingley
2016 ND 231
Highlight: A district court judge does not automatically lose the authority to proceed in a case upon the filing of a motion to recuse. |
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State v. Brendel, et al. (Consol. w/ 20160023)
2016 ND 230 Highlight: A third-person surety may not appeal a bail bond forfeiture order. |
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KLE Construction, LLC v. Twalker Development, LLC
2016 ND 229
Highlight: Issues not adequately raised before the district court will not be addressed on appeal. |
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Yarbro v. State
2016 ND 228 Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Peltier
2016 ND 227 Highlight: A district court's denial of a defendant's motion for a mistrial is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Butts
2016 ND 226 Highlight: A district court order denying the defendant's motion to withdraw his guilty plea is affirmed under N.D.R.App.P. 35.1(a)(4). |
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Hildebrand v. Stolz
2016 ND 225 Highlight: A default judgment has not been entered when a party has notice of the trial date, fails to appear at trial, and the district court hears testimony and receives evidence from the opposing party at trial before entering judgment. |
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State v. Wygal
2016 ND 224 Highlight: District court order deferring imposition of sentence and order denying motion to suppress are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Gonzalez v. State
2016 ND 223 Highlight: District court order denying motion requesting an order to show cause and dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Ochiti
2016 ND 222 Highlight: Conviction of conspiracy to commit robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and(7). |
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Owens v. State
2016 ND 221 Highlight: District court judgment summarily dismissing defendant's application for post-conviction relief summarily affirmed under N.D.R.App.P.35.1(a)(6). |
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Delvo v. State
2016 ND 220
Highlight: A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a sentence following a probation revocation. |
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Disciplinary Board v. Bruggeman
2016 ND 219 Highlight: Lawyer Reprimanded. |
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Vacancy in Judgeship No. 2, Northwest Judicial District
2016 ND 218 Highlight: Judgeship retained at Williston. |
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Matter of Emelia Hirsch Trust(20080209, 20120141, 20120241, 20120371 & 20130365
2016 ND 217 Highlight: A district court's order denying a motion to vacate is affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and an award of attorney's fees and double costs on appeal is granted. |
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Stibbe v. Haven, et al.
2016 ND 216
Highlight: A district court order dismissing a case with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State v. Adan (Consolidated with 20160095)
2016 ND 215
Highlight: Information obtained by one officer may be used by another to establish reasonable suspicion if the first officer conveyed the information to the second officer. |
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Larson v. Midland Hospital Supply, Inc., et al.
2016 ND 214
Highlight: A statute of limitations begins to run when the underlying cause of action accrues, and a claim's accrual may be postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury. |
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Frith, et al. v. The Park District of the City of Fargo, et al.
2016 ND 213 Highlight: The statute of limitations for tort actions against a political subdivision is three years. |
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Patterson v. State
2016 ND 212 Highlight: A district court has the discretion under N.D.C.C. 19-03.1-23.2 to suspend or defer a defendant's sentence with or without considering a defendant's equivalent convictions. |
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Dakota Outdoor Advertising, Inc. v. City of Bismarck
2016 ND 210
Highlight: A city's denial of a special use permit must be affirmed unless it acted arbitrarily, capriciously, or unreasonably. |
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State v. Patrick
2016 ND 209 Highlight: A traffic stop made under a presumptively valid statute generally provides an officer with reasonable articulable suspicion. |
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State v. Russell
2016 ND 208 Highlight: Due process requires a disclosure of material evidence. Evidence is material if a reasonable probability exists that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. |
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Shermer v. State
2016 ND 207 Highlight: District court order summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Interest of S.J. (CONFIDENTIAL)
2016 ND 206 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Kardor v. State
2016 ND 205 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Hageness v. Slaubaugh, et al.
2016 ND 204 Highlight: Judgment dividing ownership of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Harmon v. State
2016 ND 203 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Koehly v. Levi
2016 ND 202
Highlight: A conditional consent to take a breath test for alcohol may be a refusal. |