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.
2701 - 2800 of 12418 results
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New Public School District #8 v. State Board of Public School Education, et al.
2016 ND 201 Highlight: District court judgment affirming an order of the State Board of Public School Education approving petitions to transfer property from New Public School District to the Williston School District is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Richholt v. Hrdlicka
2016 ND 200 Highlight: A district court's award of primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Overvold v. Overvold
2016 ND 199 Highlight: A district court's amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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In the Matter of A.J.S. and N.J.S. (Confidential)
2016 ND 198 Highlight: A district court's order terminating a father's parental rights and granting a petition for a step-parent adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Curtiss v. Curtiss
2016 ND 197 |
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Guardianship of W.B.T.
2016 ND 196 Highlight: Order appointing a successor guardian is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Raap v. Lenton (cross-reference w/20110192)
2016 ND 195
Highlight: To the extent that information is reasonably available, the average of the most recent five years of each self-employment activity, if undertaken on a substantially similar scale, must be used to determine self-employment income. |
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Ferguson v. City of Fargo
2016 ND 194
Highlight: All regularly enacted municipal ordinances carry a strong presumption of constitutionality, which will be sustained unless the party challenging the ordinance clearly demonstrates it violates the state or federal constitution. |
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Gillespie, et al. v. National Farmers Union Property & Casualty Co.
2016 ND 193 Highlight: An insured's recovery under underinsured motorist coverage requires the insured be legally entitled to recover for injuries resulting from the tortious conduct of the owner or operator of the underinsured motor vehicle. |
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State v. Peterson
2016 ND 192 Highlight: A clerical error correctable under N.D.R.Crim.P. 36 includes a failure to accurately record an action taken by the district court, but the rule does not extend to correction of errors of substance. |
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City of Bismarck v. Pederson
2016 ND 191 Highlight: A criminal judgment for APC entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Estate of Ketterling
2016 ND 190 Highlight: In an unsupervised probate, an order determining some, but not all, of one person's claims or disputes in an estate is not appealable without an order or certification under N.D.R.Civ.P. 54(b). |
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Reciprocal Discipline of Haderlie
2016 ND 189 Highlight: Disciplinary action dismissed. |
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Interest of C.S., a child (CONFIDENTIAL)(CONSOLIDATED w/20150356)
2016 ND 188 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. Schmidt (consolidated w/20150278) (cross-reference w/20140272)
2016 ND 187
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. |
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State v. Grajczyk
2016 ND 180 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). |
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Matter of Mangelsen (cross-ref. w/20130155)
2016 ND 179 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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Davies v. State
2016 ND 178 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). |
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Hickey v. State
2016 ND 177 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC, et al. (consol. 81)
2016 ND 176
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. |
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Schmidt, et al. v. City of Minot, et al.
2016 ND 175
Highlight: A district court only has appellate jurisdiction when authorized by statute or rule of the supreme court. |
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Garcia v. Levi
2016 ND 174
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. |
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City of Grand Forks v. Jacobson
2016 ND 173 Highlight: When a case is transferred from municipal court, a district court must apply relevant municipal code provisions. |
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Taszarek, et al. v. Welken, et al.
2016 ND 172 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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State v. Shaw
2016 ND 171
Highlight: Before a court permits the introduction of other-bad-acts evidence, it must do an on-the-record weighing of the probative value versus the risk of unfair prejudice. |
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Tangedal, et al. v. Mertens, et al.
2016 ND 170
Highlight: A political subdivision and its employee have immunity for claims caused by the performance or nonperformance of a public duty within the scope of the employee's employment unless a special relationship is established. |
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Adams v. Adams (cross-reference w/20140259)
2016 ND 169
Highlight: A district court's determination of business profits are a finding of fact subject to the clearly erroneous standard of review. |
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Horob, et al. v. Zavanna, LLC, et al.
2016 ND 168
Highlight: When the parties have agreed on a specific period for a temporary cessation of oil or gas production, that clause controls over the common-law doctrine of temporary cessation allowing a reasonable time for resumption of production. |
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State v. Engelhorn
2016 ND 167 Highlight: Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony. |
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Vacancy in Judgeship No. 5, Northeast Central Judicial District
2016 ND 166 Highlight: Judgeship retained at Grand Forks. |
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2015 Application for Permit to Enter Land(Consolidated w/ 20150312)
2016 ND 165
Highlight: The N.D. Rules of Civil Procedure do not require a water district to begin a civil action by serving a summons when applying for a permit to enter land for examining, surveying and mapping a proposed flood control project. |
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Ell v. Director, Dep't of Transportation
2016 ND 164
Highlight: A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge. |
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New Public School District #8 v. State Board of Public School Education, et al.
2016 ND 163 Highlight: Property annexed to a school district must be contiguous to that school district when the annexation becomes effective. |
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Snider, et al v. Dickinson Elks Building, LLC
2016 ND 162
Highlight: The appealability of a judgment will be considered even if neither party raises the issue on appeal. |
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State v. Garnder
2016 ND 161
Highlight: Persons accused of crimes have a right to a trial by an impartial jury. |
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State v. Mercier
2016 ND 160
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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State v. Hoffer
2016 ND 159 Highlight: A district court order deferring imposition of sentence entered after a conditional guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7). |
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State v. Heier
2016 ND 158 Highlight: The Fourth Amendment does not apply to searches or seizures by a private individual not acting as an agent of the government or with the participation and knowledge of any government official. |
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Peterson v. Peterson
2016 ND 157 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. |
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Interest of D.W. (CONFIDENTIAL)
2016 ND 156 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. |
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Sandahl, et al. v. City Council of the City of Larimore
2016 ND 155 Highlight: An appeal from a decision of a local governing body must be filed within 30 days of the decision. |
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State v. Francis
2016 ND 154
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. |
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Klein v. Klein
2016 ND 153 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. |
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State v. Asbach (cross-ref. w/20140471)
2016 ND 152 Highlight: Bad faith is a question of fact. |
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State v. Horning (cross-reference w/20150148)
2016 ND 151 Highlight: Once the presumption is established that property is forfeitable drug money, the person claiming the property must rebut the presumption. |
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City of Napoleon v. Kuhn (cross-ref. w/20140134)
2016 ND 150
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. |
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Ratliff v. State
2016 ND 149 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. |
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Garaas v. Cass County Joint Water Resource District
2016 ND 148
Highlight: As a prerequisite to issuing a valid order or judgment, a court must have both subject matter and personal jurisdiction. |
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White Bird v. State
2016 ND 147 Highlight: Counsel's conduct is presumed to be reasonable, and courts consciously attempt to limit the distorting effect of hindsight. |
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Hieb v. State
2016 ND 146
Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final, unless an exception applies. |
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State v. Davis
2016 ND 145
Highlight: A district court may consider the circumstances and all relevant factors in determining whether to modify an order for conditional release. |
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Interest of E.P. (CONFIDENTIAL)(consolidated w/20160185 & 20160186)
2016 ND 143 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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Bjorneby, et al. v. Nodak Mutual Insurance Company, et al.
2016 ND 142
Highlight: When the evidence presented at trial is sufficient to create an issue of material fact, judgment as a matter of law is inappropriate. |
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Constellation Development, LLC v. Western Trust Co., et al.
2016 ND 141
Highlight: The substance of an agreement controls, not the titles or labels attached by the parties. |
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Limberg v. Sanford Medical Center Fargo, et al.
2016 ND 140
Highlight: The purpose of a motion for dismissal for failure to state a claim upon which relief can be granted is to test the legal sufficiency of the statement of the claim presented in the complaint. |
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Viscito, et al. v. Christianson, et al. (cross-ref. w/20140252)
2016 ND 139
Highlight: The "law of the case" doctrine is the principle that when an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question decided by the appellate court will not be decided differently on a subsequent appeal in the same case where the facts remain the same. |
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Bartholomay v. Plains Grain & Agronomy, LLC
2016 ND 138
Highlight: Generally, when an employer complies with the workers compensation statutes, the employee's exclusive remedy against the employer is limited to recovery under the workers compensation statutes. |
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Riemers v. Hill, et al. (cross-ref 20130407)
2016 ND 137
Highlight: A court has inherent power to sanction a litigant for misconduct, and sanctions may include award of attorney fees. |
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Interest of G.A.S. (CONFIDENTIAL)
2016 ND 136
Highlight: A request to treat a patient with prescribed medication requires two signatures, one from the patient's treating psychiatrist and one from another medical professional not involved in the patient's current diagnosis or treatment. |
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State v. Putney (cross-reference w/20150237)
2016 ND 135 Highlight: A restitution order is reviewed under the abuse of discretion standard. |
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Zajac v. Traill County Water Resource District
2016 ND 134 Highlight: An appeal from a decision by a local governing body must be filed with the district court within thirty days of the decision. |
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State v. Baker
2016 ND 133
Highlight: An indigent defendant facing a felony charge is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. |
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State v. Clayton
2016 ND 131
Highlight: Restitution is limited to those damages directly related to, and resulting from, the defendant's criminal action. |
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State v. Carlson
2016 ND 130
Highlight: A charging information may be amended at any time before the verdict or finding unless an additional or different offense is charged or a substantial right of the defendant is prejudiced. |
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Ratliff v. State
2016 ND 129 Highlight: The district court may take judicial notice of previously filed orders when sentencing a defendant. |
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State v. Beaulieu
2016 ND 128
Highlight: A successor judge is not required to certify familiarity with the trial record before deciding a post-trial motion. |
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Robinson v. State
2016 ND 127 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Lohmann v. N.D. Dep't of Transportation
2016 ND 126 Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
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State v. Phelps
2016 ND 125 Highlight: Order suppressing evidence obtained from traffic stop is summarily reversed under N.D.R.App.P. 35.1(b). |
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Interest of M.S. (cross-reference w/20140304 & 20140435)
2016 ND 124 Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matthews v. State
2016 ND 123 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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McCluskey v. McCluskey
2016 ND 122 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Halo Holdings Group, LLLP v. Bird Industries, Inc.
2016 ND 121 Highlight: Order dismissing intervener complaint summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Johnson v. State
2016 ND 120 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Beeter v. State
2016 ND 119 Highlight: A district court's order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Comes v. State
2016 ND 118 Highlight: A district court's order dismissing an application for post-conviction relief and orders denying motions for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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State v. Hirschkorn
2016 ND 117
Highlight: Drivers must signal prior to turning out from an alley. |
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Jangula v. N.D. Dep't of Transportation
2016 ND 116 Highlight: A certified copy of an analytical report of a blood analysis issued by the director of the state crime laboratory or the director's designee must be accepted as prima facie evidence of the results of a chemical analysis. |
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Disciplinary Board v. Ward
2016 ND 115 Highlight: An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct. |
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PHI Financial Services, Inc. v. Johnston Law Office, P.C., et al. (20150008)
2016 ND 114
Highlight: The time to appeal an interlocutory order runs from service of notice of the appealable order or judgment, not from service of notice of the interlocutory order. |
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Disciplinary Board v. Ward
2016 ND 113
Highlight: The Supreme Court defers to the Disciplinary Board's findings on the credibility of a witness. |
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Norman v. State
2016 ND 112 Highlight: District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (6), and (7). |
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State v. Musselman (cross-reference w/20150071)
2016 ND 111
Highlight: An investigative stop must be justified by the officer's reasonable and articulable suspicion that a law has been or is being violated. |
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Disciplinary Board v. Enget
2016 ND 110 Highlight: Lawyer suspension ordered. |
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Holkesvig v. Maring
2016 ND 109 Highlight: Judgment dismissing complaint and order denying motion for relief are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7). |
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Holkesvig v. Edison, et al.
2016 ND 108 Highlight: Judgment dismissing complaint, order denying motion for relief from judgment, and orders denying post-appeal motions are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7). |
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Holkesvig v. VandeWalle, et al.
2016 ND 107
Highlight: Neither the North Dakota Constitution nor the North Dakota Century Code provides the Supreme Court with the power to divest district courts of subject-matter jurisdiction. |
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Jury v. Barnes County Municipal Airport Authority
2016 ND 106
Highlight: A person acting as her own attorney is equally bound by rules of procedure, even if she lacks understanding of those rules or the correct procedures. |
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Rath v. Rath (cross ref w/ 20130025,20130252, 20130327, 20140012, 20140291, cont
2016 ND 105
Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt. |
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Vogel v. Marathon Oil Corporation
2016 ND 104
Highlight: A royalty owner does not have a private right of action for damages for violations of the statute limiting flaring of gas from an oil well. |
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Holverson v. Lundberg (cross reference 20140347)
2016 ND 103
Highlight: Allegations of fraud ordinarily involve factual questions that are inappropriate for summary judgment. |
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Cheetah Properties 1, LLC v. Panther Pressure Testers, Inc.
2016 ND 102
Highlight: A tenant's holding over, upon the expiration of a lease for real property, is willful if the tenant holds over intentionally and not inadvertently. |
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Thompson v. State
2016 ND 101 Highlight: To demonstrate prejudice resulting from counsel's deficient performance in the context of a guilty plea, a defendant must establish a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. |
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Plains Marketing, LP, et al. v. Mountrail County Board of County Commissioners
2016 ND 100 Highlight: A county auditor may not use the omitted property statutes to revalue previously assessed property. |
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Grzeskowiak v. State
2016 ND 99 Highlight: An appellant's failure to comply with the rules of appellate procedure for briefs precludes meaningful review of the appellant's alleged errors and warrants affirmance of district court decision. |
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State v. Van Zomeren
2016 ND 98 Highlight: Expert testimony is not required to show fair administration of a blood test if the directions for blood collection have been scrupulously followed. |
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State v. Wilkie (consolidated w/ 20150215)
2016 ND 97
Highlight: A probationer, when arrested and charged with an additional crime, may be required to comply with conditions of probation as a condition of a bond order related to the subsequent charge. |
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Guardianship/Conservatorship of R.G.
2016 ND 96
Highlight: An order appointing a conservator and guardian is appealable without a certification under N.D.R.Civ.P. 54(a). |
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26th Street Hospitality v. Real Builders, et al.
2016 ND 95
Highlight: Under the Federal Arbitration Act, the court is required to determine the validity of an arbitration agreement before arbitration may be ordered, but only if a party specifically challenges the arbitration provision. |
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City of Bismarck v. Sokalski
2016 ND 94
Highlight: A district court's decision on a motion for a new trial is reviewed for an abuse of discretion. |