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 12359 results
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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). |
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Interest of J.B. (CONFIDENTIAL)
2021 ND 90 Highlight: The condition that the court may order community placement only when the executive director files a petition requesting it satisfies procedural due process and does not violate the separation of powers doctrine. |
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State v. Louser, et al.
2021 ND 89
Highlight: A district court’s role to approve or reject amendments to criminal charges does not violate the separation of powers doctrine. |
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Kruger, et al. v. Goossen
2021 ND 88 Highlight: A district court’s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous. |
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State v. Riggin
2021 ND 87
Highlight: Upon the declaration of a state of emergency, the North Dakota Disaster Act of 1985 vests with the governor emergency management powers. |
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Blasi, et al. v. Bruin E&P Partners, et al. (consol. w/ 20200328-331)
2021 ND 86
Highlight: The following royalty provision in an oil and gas lease unambiguously establishes a royalty valuation point at the well: |
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Pemberton v. State (consolidated w/20200182)
2021 ND 85
Highlight: To be convicted of attempted murder, the accused must have an intent to kill. Attempted “knowing” murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(1)(a) is a non-cognizable offense. |
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Zander, et al. v. Morsette
2021 ND 84
Highlight: In a wrongful death action, a plaintiff is entitled to damages for injuries resulting from the death. Damages resulting from negligence preceding the death is not compensable under N.D.C.C. §§ 32-21-02 or 32-03.2-04. |
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Atkins v. State
2021 ND 83
Highlight: A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court. |
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Lizakowski v. Lizakowski
2021 ND 82 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38. |
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City of West Fargo v. Medbery
2021 ND 81
Highlight: This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court’s decision on a motion to suppress if there is competent evidence capable of supporting the court’s findings, and the decision is not contrary to the manifest weight of the evidence. |
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State v. Lafromboise
2021 ND 80 Highlight: A district court’s decision to grant an extension or a continuance for good cause will not be reversed on appeal unless the court abused its discretion. |
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Interest of K.V. (CONFIDENTIAL)
2021 ND 79
Highlight: Concerns about officer safety may justify a pat down search for weapons, but a subsequent pocket search must be justified as independently reasonable because they are distinct efforts. A pat down may justify a pocket search when an officer’s tactile perceptions lead to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband. |
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Shaw v. State
2021 ND 78 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). |
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Interest of P.F. (CONFIDENTIAL) (consolidated w/20200284)
2021 ND 77 Highlight: A juvenile court order finding children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of J.O. (CONFIDENTIAL)
2021 ND 76
Highlight: The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated. |
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Sollin, et al. v. Klein
2021 ND 75
Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court. |
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N.B. et al. v. Terwilliger, et al.
2021 ND 74
Highlight: When a district court answers a jury’s question on a point of law, it is further instructing the jury. |
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Schmitz v. State Board of Chiropractic Examiners
2021 ND 73 Highlight: A court must accept as true the well-pleaded allegations in the complaint for purposes of a motion to dismiss under N.D.R.Civ.P. 12(b)(6). |
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City of Glen Ullin, et al. v. Schirado, et al.
2021 ND 72
Highlight: Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved. |
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City of Jamestown v. Casarez
2021 ND 71
Highlight: An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits. |
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Big Pines v. Baker, et al.
2021 ND 70
Highlight: A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional. |
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State v. Landis
2021 ND 69 Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3). |
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State ex rel. Stenehjem v. Maras, et al.
2021 ND 68
Highlight: The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims. |