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 12359 results
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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. |
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State v. Rogahn
2016 ND 93
Highlight: Probable cause depends on the combined effect of all facts and circumstances included in the affidavit of probable cause, not the isolated effect of individual facts or circumstances. |
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State v. Timm
2016 ND 92 Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of N.A. (Confidential)
2016 ND 91
Highlight: In termination of parental rights cases, a guardian ad litem's failure to interview an available parent is error. |
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State, et al. v. Andres
2016 ND 90
Highlight: When a district court grants primary residential responsibility, it must calculate child support obligations for each parent assuming the other parent has primary residential responsibility for the child. |
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Interest of Thill (cross-reference w/ 20130291 & 20150147)
2016 ND 89 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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State v. Trower
2016 ND 88 Highlight: Possession of stolen property and fleeing or attempting to elude a police officer convictions summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Schmuck v. Schmuck
2016 ND 87
Highlight: In determining whether to award spousal support, a party's need for support is not dispositive, and the district court must also consider whether the other party has an ability to pay. |
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Kapple v. N.D. Dep't of Transportation
2016 ND 86 Highlight: A district court judgment reversing an administrative hearing officer's decision revoking driving privileges is summarily reversed under N.D.R.App.P. 35.1(b). |
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The Next Step v. Redmon
2016 ND 85 Highlight: Unless an exception applies, an unincorporated associations are incapable of holding title to real property because they are not legal entities. |
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Valentina Williston, LLC v. Gadeco, LLC
2016 ND 84
Highlight: When an oil and gas lease does not provide how the parties may modify its terms, the parties may alter the lease by a contract in writing, or by an executed oral agreement, and not otherwise. |
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Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291,
2016 ND 83
Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt. |
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Gray v. Berg
2016 ND 82
Highlight: A party claiming bias must present more than general allegations amounting to nothing more than dissatisfaction with unfavorable court rulings. |
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Langwald v. Langwald
2016 ND 81
Highlight: In a divorce proceeding, a district court's valuation and distribution of marital property will not be reversed on appeal unless clearly erroneous. |
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Schmidt v. Levi
2016 ND 80
Highlight: North Dakota's implied consent and criminal refusal laws are constitutional. |
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City of Fargo v. Rakowski
2016 ND 79
Highlight: A city has discretion to decide how to implement laws that promote public safety. |
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Everett v. State
2016 ND 78
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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Gillmore v. Levi
2016 ND 77
Highlight: Whether a driver has voluntarily consented to field sobriety testing is not an issue for consideration in an administrative proceeding to suspend driving privileges. |
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Larson v. Larson
2016 ND 76
Highlight: A district court may modify primary residential responsibility if it finds: (1) a material change in circumstances has occurred; and (2) a modification is necessary to serve the child's best interests. |
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State v. Peltier
2016 ND 75 Highlight: Admitting evidence of sexual history for impeachment for a prior inconsistent statement requires an inconsistent statement. |
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Lumley, et al. v. Kapusta
2016 ND 74
Highlight: The existence of an oral contract and its terms are questions of fact that will not be overturned on appeal unless they are clearly erroneous. |
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Capital Electric Cooperative, Inc. v. N.D. Public Service Commission, et al.
2016 ND 73
Highlight: Appellate review of Commission findings of fact is limited to whether a reasoning mind reasonably could have determined that the factual conclusions reached were proven by the weight of the evidence from the entire record. |
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State v. O'Connor
2016 ND 72 Highlight: If a law enforcement officer fails to provide a defendant a complete chemical test implied consent advisory after the defendant's arrest and before his submission to the chemical test, the result is inadmissible in any criminal or administrative proceeding under the implied consent laws. |
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Rath v. Rath
2016 ND 71
Highlight: Due process dictates a decision to deviate from standard trial practices requires more than conclusory justifications. |
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Welch Construction & Excavating, LLC v. Duong
2016 ND 70
Highlight: A party claiming breach of contract must prove the existence of a contract, a breach of the contract, and damages flowing from the breach. |
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Schurmann v. Schurmann
2016 ND 69
Highlight: To modify parenting time, the moving party must demonstrate a material change in circumstances has occurred since entry of the previous parenting time order and the modification is in the best interests of the child. |
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State v. James
2016 ND 68
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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Matter of K.J.C. (Confidential)
2016 ND 67
Highlight: In termination of parental rights proceedings, the custodial parent's refusal to cooperate with the noncustodial parent's attempts to maintain a relationship with the child is not insignificant in deciding whether the noncustodial parent abandoned the child, but the noncustodial parent must take affirmative steps to perform parental duties and foster a relationship with the child. |
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4APM, LLP v. TCI Insurance Agency, Inc.
2016 ND 66
Highlight: Generally, an insurance agent's duty of care to an insured requires the agent to act in good faith and follow instructions. |
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State v. Costa
2016 ND 65 Highlight: Counsel may not comment on facts not in evidence during closing argument, and a prosecutor may not vouch for evidence during closing argument. |
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Cudmore v. N.D. Dep't of Transportation
2016 ND 64
Highlight: Before deciding whether to submit to chemical testing, an individual has a qualified statutory right to consult with an attorney. |
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State v. Keller
2016 ND 63 Highlight: A district court does not abuse its discretion by refusing to give jury instructions that inadequately and inaccurately reflect the law. |
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Curtiss v. State (cross-ref. w/20150007)
2016 ND 62
Highlight: The applicant in a post-conviction relief case has the burden of establishing grounds for relief. |
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Degnan v. Degnan
2016 ND 61
Highlight: A district court does not abuse its discretion in granting spousal support and attorney's fee awards in amounts less than the requesting spouse's alleged need. |
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Werven v. Werven
2016 ND 60
Highlight: Modification of spousal support is not warranted when the change in a party's financial circumstances is self-induced. |
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State v. Putney
2016 ND 59
Highlight: A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution, no rational fact finder could find the defendant guilty beyond a reasonable doubt. |
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City of Grand Forks v. Gale
2016 ND 58
Highlight: Delay attributable to an accused's purposeful evasion of prosecution may not result in a speedy trial violation, but the accused have no duty to bring themselves to trial. |
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Martire' v. Martire' (cross ref 20110253, 20110197)
2016 ND 57
Highlight: Even when it is undisputed an obligor's net monthly income exceeds the income maximum under the Child Support Guidelines, the district court must determine the obligor's net income before it determines the appropriate upward deviation from the presumptive guideline amount. |
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Woody v. Pembina County Annual Fair and Exhibition Association
2016 ND 56
Highlight: Owner of land inviting the public to use its property for recreational purposes without charge is protected from liability under N.D.C.C. ch. 53-08. |
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State v. Quantz
2016 ND 55 Highlight: Convictions for disorderly conduct and indecent exposure are summarily affirmed under N.D.R.App.P. 35.1 (a)(3). |
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Eagleman v. State
2016 ND 54
Highlight: Applicants for post-conviction relief are not entitled to relief when their claims have been rejected in prior proceedings. |
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State v. Mann
2016 ND 53
Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8. |
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Matuska v. State
2016 ND 52 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Odermann
2016 ND 51 Highlight: A criminal judgment for burglary and theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Interest of C.S. (Confidential)
2016 ND 50 Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Erickstad v. State
2016 ND 49 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7). |
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Vogt v. State
2016 ND 48 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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Aker v. Neiber
2016 ND 47 Highlight: Order denying motion to amend parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Rath v. Rath (cross ref. 20130025, 184 & 252; 20140012 & 291)
2016 ND 46
Highlight: A district court's decision on whether a contempt has been committed and remedial sanctions are warranted lies within its sound discretion and will not be overturned on appeal unless there is a clear abuse of discretion. |
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Kittleson, et al. v. Grynberg Petroleum Company, et al.
2016 ND 44
Highlight: If a specific provision and a general provision in a contract conflict, the specific ordinarily prevails over the general. |
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Nodak Mutual Ins. Co. v. Koller, et al.
2016 ND 43
Highlight: Whether an individual is a resident of a named insured's household for the purposes of an automobile insurance policy is a question of fact and technical notions of legal residence are not controlling. |
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Williston Education Association v. Williston Public School Dist. No. 1
2016 ND 42
Highlight: Agreements between teacher associations and school boards must be read in light of the comprehensive statutory framework governing those relations. |
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Annexation of a Part of Lewis & Clark Public School District
2016 ND 41
Highlight: A school district may be adversely affected by an annexation decision that causes the district to lose land or gain unwanted land. |
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Brouillet v. Brouillet
2016 ND 40
Highlight: A district court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis for the decision. |
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State v. Reddig
2016 ND 39
Highlight: A defendant may not be convicted upon the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the commission of the crime. |
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Sand v. Job Service, et al.
2016 ND 38
Highlight: N.D.R.Civ.P. 59 and 60 are not applicable to an administrative agency appeal to a district court. |
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Desert Partners IV, L.P., et al. v. Benson, et al. (cross-reference w/20140066)
2016 ND 37
Highlight: An unrecorded instrument is valid between the parties to the instrument and those with notice. |
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Dieterle v. Dieterle n/k/a Hansen (cross-reference w/20120329 & 20150030)
2016 ND 36
Highlight: An appellant may not collaterally attack an earlier unappealed decision. |
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State v. Goodale
2016 ND 35
Highlight: When a default judgment is entered, the defendant may move for relief from the default judgment under N.D.R.Civ.P. 60(b). |