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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.

2741 - 2750 of 12446 results

State v. Schmidt (consolidated w/20150278) (cross-reference w/20140272) 2016 ND 187
Docket No.: 20150277
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: Police officers have limited authority to freeze the scene of a recently committed crime to investigate individuals who reasonably may be involved in the criminal activity without violating the Fourth Amendment.
A signed consent to search form is not determinative of whether an individual's consent is voluntary, but merely one factor for a district court to consider under the totality of the circumstances.

State v. Grajczyk 2016 ND 180
Docket No.: 20160034
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found a defendant guilty of possession of methamphetamine with intent to deliver, possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Mangelsen (cross-ref. w/20130155) 2016 ND 179
Docket No.: 20160052
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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).

Davies v. State 2016 ND 178
Docket No.: 20160120
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying petition to set aside a conviction and set for trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Hickey v. State 2016 ND 177
Docket No.: 20160109
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC, et al. (consol. 81) 2016 ND 176
Docket No.: 20160080
Filing Date: 9/2/2016
Case Type: Appeal - Civil - Debtor/Creditor
Author: McEvers, Lisa K. Fair

Highlight: A rebuttable presumption of valid service of process arises when a return receipt for certified mail is signed, and the signator, if not the addressee, is presumed to have acted as the agent of the addressee authorized to accept service in the absence of proof to the contrary.
Courts may enter a default judgment and pierce the corporate veil simultaneously based on sufficient allegations contained in the complaint.

Schmidt, et al. v. City of Minot, et al. 2016 ND 175
Docket No.: 20160088
Filing Date: 8/31/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: A district court only has appellate jurisdiction when authorized by statute or rule of the supreme court.
An aggrieved applicant or any officer, department, board, or bureau of a city may appeal a variance decision.

Garcia v. Levi 2016 ND 174
Docket No.: 20160036
Filing Date: 8/31/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A law enforcement officer's approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person to do something, and does not demand a response.
Warrantless breath tests are permissible as a search incident to an arrest for driving or being in actual physical control of a motor vehicle while under the influence of alcohol.

City of Grand Forks v. Jacobson 2016 ND 173
Docket No.: 20150326
Filing Date: 8/31/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: When a case is transferred from municipal court, a district court must apply relevant municipal code provisions.

Taszarek, et al. v. Welken, et al. 2016 ND 172
Docket No.: 20150189
Filing Date: 8/30/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Piercing-the-corporate-veil factors include insufficient capitalization, failure to observe corporate formalities, nonpayment of dividends, insolvency at the time of the transaction, siphoning of funds, nonfunctioning of other officers and directors, absence of corporate records, and injustice, inequity or fundamental unfairness.

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