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.
1401 - 1450 of 12382 results
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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. |
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Interest of A.G. (CONFIDENTIAL)
2021 ND 67 Highlight: 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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State v. Rennie
2021 ND 66 Highlight: The district court did not abuse its discretion by not dismissing the case for failure to timely produce discovery materials. |
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Interest of F.M.G. (CONFIDENTIAL)
2021 ND 65 Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of S.R. (CONFIDENTIAL)(consolidated w/20200215)
2021 ND 64 Highlight: A juvenile court’s findings of continued deprivation and orders keeping two children in the custody of Three Rivers Human Service Zone are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Kaspari v. Kaspari
2021 ND 63 Highlight: Under N.D.C.C. § 14-05-24.1(1), an award of spousal support must be for “a limited period of time.” An award of spousal support “until death or remarriage” does not comply with N.D.C.C. § 14-05-24.1(1) because it is indefinite and lacks a fixed duration. |
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Great Plains Royalty Corp. v. Earl Schwartz Co., et al.
2021 ND 62
Highlight: Standing is the concept used to determine whether a party is sufficiently affected to ensure a justiciable controversy exists. |
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State v. Bee
2021 ND 61
Highlight: The Fourth Amendment to the United States Constitution and article I, § 8, of the North Dakota Constitution protect individuals in their houses against unreasonable searches and seizures. But a warrantless search is not unreasonable if the search of the home falls under one of the exceptions to the warrant requirement. |
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State v. Glasser (consolidated w/20200221)
2021 ND 60 Highlight: Any attempt by the trial court to amend or modify a final judgment is void unless it is made upon grounds provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment. |
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Command Center v. Renewable Resources, et al.
2021 ND 59
Highlight: In an appeal from a bench trial, the trial court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable. |
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Somerset Court, et al. v. Burgum, et al.
2021 ND 58
Highlight: A party waives an issue by not providing supporting arguments, reasoning, or citations to relevant legal authority. |
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Ryberg, et al. v. Landsiedel
2021 ND 56
Highlight: A settlement agreement is a contract between parties, and thus contract law applies. |
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State v. Richter
2021 ND 55 Highlight: Attempted promotion of obscenity to minors is not a cognizable offense. |
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State v. Neugebauer
2021 ND 54
Highlight: Once a judgment is final, the district court generally loses jurisdiction to alter, amend, or modify that judgment. Unless grounds are provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment, any attempt by the district court to amend or modify a final judgment is void. |
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Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al.
2021 ND 53
Highlight: Whether a vehicle has been furnished for regular use is a conclusion of fact. |
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State v. Borland
2021 ND 52
Highlight: A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal. |
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Tebay v. State (consolidated w/ 20200317)
2021 ND 51
Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Gerving v. Gerving
2021 ND 50 |
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State v. Walbert
2021 ND 49
Highlight: Courts possess broad power to control their courtrooms, minimize disruptive behavior, and maintain security. |
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Gil v. WSI
2021 ND 48 Highlight: Timely filing a notice of appeal is jurisdictional and procedural rules may not be used to enlarge periods of time conferring jurisdiction that are definitely fixed by statute. |
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Saucedo v. State
2021 ND 47 Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Stands
2021 ND 46
Highlight: Sufficient competent evidence existed to show a defendant consented to a search of his person when he shrugged, mumbled, nodded, and lifted his hands. |
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Campbell v. State
2021 ND 45
Highlight: The issue of ineffective assistance of counsel presents a mixed question of law and fact and is fully reviewable on appeal. |
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Solberg v. McKennett
2021 ND 44
Highlight: Determining when a cause of action accrues is normally a question of fact, but it becomes a question of law when the material facts are undisputed. |
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Breeze v. NDDOT
2021 ND 43 Highlight: An officer must be in an immediate pursuit of a person who is endeavoring to avoid arrest for hot pursuit to apply. |
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State v. Moore (consolidated w/20200081 & 20200082)
2021 ND 42
Highlight: A district court should not automatically approve public trial waivers without considering the broader interests in open courts and public trials by conducting pre-closure Waller analysis. A defendant’s Sixth Amendment right to a public trial may be waived if the record reflects a knowing, intelligent, and voluntary waiver. A defendant’s failure to object or acquiescence to a trial closure without a knowing, intelligent, voluntary waiver will be reviewed on appeal as a forfeited error subject only to obvious error review. |
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State v. Martinez
2021 ND 42
Highlight: A district court should not automatically approve public trial waivers without considering the broader interests in open courts and public trials by conducting pre-closure Waller analysis. A defendant’s Sixth Amendment right to a public trial may be waived if the record reflects a knowing, intelligent, and voluntary waiver. A defendant’s failure to object or acquiescence to a trial closure without a knowing, intelligent, voluntary waiver will be reviewed on appeal as a forfeited error subject only to obvious error review. |
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State v. Molina
2021 ND 41 Highlight: A district court order denying a petition for writ of prohibition is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |