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.
1351 - 1400 of 12382 results
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City of West Fargo v. McAllister, et al.
2021 ND 136
Highlight: A certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship. |
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State v. Stands
2021 ND 135
Highlight: A person standing in an open doorway is in a public place and may be arrested without a warrant permitting entry into the home. |
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Williams v. Williams, et al.
2021 ND 134
Highlight: A district court’s decision to modify parenting time may be affirmed, despite sparse findings of fact, when its rationale is clear from the record. |
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Froehlich v. Froehlich, et al.
2021 ND 133
Highlight: Under N.D.R.App.P. 4(a)(1), a party has 60 days from service of notice of entry of the judgment to file an appeal. |
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Yoney v. State
2021 ND 132 Highlight: This Court, on its own motion, may notice errors to which no objection has been taken if the errors are obvious or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings. |
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Smith v. Isakson, et al. (consolidated with 20210057)
2021 ND 131
Highlight: Citizens of our state may have greater protections under the North Dakota Constitution than the United States Constitution. |
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Vacancy in Judgeship No. 9, South Central Judicial District
2021 ND 130 Highlight: Judgeship retained at Mandan. |
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Vacancy in Judgeship No. 9, South Central Judicial District
2021 ND 130 |
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Matter of O.H.W. (CONFIDENTIAL)
2021 ND 129 Highlight: A district court’s order denying an application for 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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Scott v. Scott
2021 ND 128 Highlight: A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown. |
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City of Lincoln v. McCorkell
2021 ND 127 Highlight: A criminal judgment for driving under suspension is summarily affirmed under N.D R.App.P. 35.1(a)(7). |
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Hussiene v. NDDOT
2021 ND 126
Highlight: Evidence supported a hearing officer’s finding that a highway patrol trooper had a reasonable and articulable suspicion to stop a motorist for failure to stop at a red light. |
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State v. Crites
2021 ND 125 Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3) and (4). |
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Eubanks v. Fisketjon, et al.
2021 ND 124
Highlight: The district court erred when it included half of an obligor and his roommate’s share of rent owed to a landlord as the obligor’s income for purposes of calculating child support. |
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City of Lincoln v. Schuler
2021 ND 123
Highlight: This Court will affirm a district court decision regarding a motion to suppress if there is sufficient competent evidence fairly capable of supporting the district court’s findings, and the decision is not contrary to the manifest weight of the evidence. |
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Dietzler v. Dietzler
2021 ND 122 Highlight: The judgment of the district court is summarily affirmed as not clearly erroneous under N.D.R.App.P. 35.1(a)(2). |
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WSI v. Kemmet
2021 ND 121 Highlight: A district court’s summary judgment and denial of post-judgment motion are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6). |
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State v. Eggleston
2021 ND 120 Highlight: Constitutional issues not appropriately raised in the district court will not be considered for the first time on appeal. |
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State v. Jensen
2021 ND 119
Highlight: When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings. |
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State v. Lelm
2021 ND 118
Highlight: The State bears the burden to prove a warrantless search falls within an exception to the warrant requirement. |
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Decker v. WSI
2021 ND 117 Highlight: Statutory requirements for filing an appeal from an administrative agency decision are jurisdictional, and the appellant must satisfy the statutory requirements for the district court to acquire subject matter jurisdiction over the appeal. |
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State v. Van Der Heever
2021 ND 116
Highlight: Information from a tip may provide the factual basis for an investigative stop. In evaluating whether the factual basis for a stop meets the legal standard of reasonable and articulable suspicion, we consider the totality of the circumstances. |
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Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124)
2021 ND 115 Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124)
2021 ND 115 |
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Thompson v. State
2021 ND 114 Highlight: A district court’s dismissal of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133)
2021 ND 113 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133)
2021 ND 113 |
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State v. Gedrose
2021 ND 111
Highlight: A statute enjoys a presumption of constitutionality unless it is clearly shown that it contravenes the state or federal constitution. |
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Abdi v. State
2021 ND 110 Highlight: An application for post-conviction relief alleging constitutionally ineffective assistance of counsel under Padilla v. Kentucky was properly denied where the applicant failed to meet his burden to show he pleaded guilty to an offense mandating his removal and he was advised he may be deported. An applicant who argues they did not knowingly, intelligently, or voluntarily, enter their plea alleging they received ineffective assistance of counsel cannot establish a manifest injustice will result if they cannot withdraw their plea where they did not establish they received ineffective assistance of counsel. |
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State v. Schweitzer
2021 ND 109
Highlight: To claim a violation of his or her due process rights, a defendant must show the State acted in bad faith when it failed to preserve evidence. |
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Johnshoy v. Johnshoy
2021 ND 108
Highlight: A prima facie case consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child. A “material change” is an important new fact that was unknown at the time of the prior custody decision. To establish a prima facie case that modification is necessary to serve the best interests of the children requires more than the improved circumstances of the party moving to modify primary residential responsibility. |
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Comes v. State
2021 ND 107 Highlight: The statutory remedy of post-conviction relief pursuant to N.D.C.C. ch. 29-32.1 is not available to provide relief for disciplinary measures, custodial treatment, or other violations of civil rights of a convicted person occurring after the imposition of sentence. |
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 106
Highlight: In addition to state law requirements for parental termination, the requirements of the Indian Child Welfare Act, 25 U.S.C. § 1912, must be met in cases involving an Indian child as defined by the Act. |
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Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110)
2021 ND 106 |
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Pennington, et al. v. Continental Resources
2021 ND 105
Highlight: Under the law of the case doctrine, a party cannot in a second appeal relitigate issues which were resolved in the first appeal or which would have been resolved had they been properly presented in the first appeal. |
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Guardianship and Conservatorship of S.M.H.
2021 ND 104
Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable. |
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State v. Black
2021 ND 103
Highlight: When reviewing a district court’s finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances. |
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State v. Coleman
2021 ND 102 Highlight: An order deferring imposition of sentence entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Howard (consolidated w/ 20200301)
2021 ND 101
Highlight: An order dismissing a complaint, information, indictment, or any count thereof, with or without prejudice, is appealable under N.D.C.C. § 29-28-07(1). |
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Boutrous v. Transform Operating Stores, et al.
2021 ND 100
Highlight: Under N.D.R.Civ.P. 54(b), if an action presents more than one claim for relief, or if multiple parties are involved, the district court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities. |
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Boutrous v. Transform Operating Stores, et al.
2021 ND 100 |
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PLS Services v. Clear Creek Retirement Plan, et al.
2021 ND 99
Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim. |
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McDougall, et al. v. AgCountry Farm Credit Services, et al.
2021 ND 98
Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same. |
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WSI v. Felan, et al.
2021 ND 97
Highlight: Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury. |
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Mistic v. Mistic
2021 ND 96 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders
2021 ND 95
Highlight: If the obligation a lien secures is satisfied, the lien is extinguished and no longer valid. |
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Dixon v. Dixon
2021 ND 94 Highlight: Appeal dismissed in supervised administration of a trust due to lack of a final order or judgment, or a N.D.R.Civ.P. P. 54(b) certification. |
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State v. Mitchell
2021 ND 93
Highlight: An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause. |
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Froistad v. State
2021 ND 92
Highlight: When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable. |
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Lyons v. State
2021 ND 91 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |