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.
2891 - 2900 of 12137 results
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State v. Owens (consolidated w/20140143)
2015 ND 68
Highlight: Analysis of a speedy trial claim requires balancing the length of a delay, the reason for the delay, a proper assertion of the right to a speedy trial, and actual prejudice to the accused. |
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Holkesvig v. Rost, et al.
2015 ND 67 Highlight: A continued and clear pattern of bringing frivolous and repetitious litigation may result in a requirement of prior approval for commencing further actions. |
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State v. Steen
2015 ND 66
Highlight: Even if there was a pretrial motion, failure to object at trial waives the claim of error unless it amounts to an obvious error affecting the substantial rights of the defendant. |
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Eggers v. Eggers
2015 ND 65 Highlight: A parent with primary residential responsibility does not need court approval to change the primary residence of the child to another state when the other parent has moved outside the state and lives more than fifty miles from the residence of the parent with primary residential responsibility. The parent need not change legal residence for waiver of a court order, only move outside the state. |
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State v. Barnes
2015 ND 64 Highlight: A voluntary guilty plea waives all non-jurisdictional defects alleged to have occurred prior to the guilty plea, including alleged violations of constitutional rights. |
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Rencountre v. State (cross-ref. w/20110157)
2015 ND 62
Highlight: Proof of ineffective assistance of counsel based on an attorney's failure to file a pretrial suppression motion requires the defendant prove he would have prevailed on his motion to suppress and that there is a reasonable probability a successful motion would have affected the outcome of the trial. |
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State v. Berg (consolidated w/ 20140176)
2015 ND 61 Highlight: A party who voluntarily pleads guilty, knowingly waives a previously raised factual dispute regarding the statute of limitations. |
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Irwin, et al. v. City of Minot
2015 ND 60 Highlight: A police power taking of property by a public entity in a sudden emergency requires the entity show there was an actual necessity to take the property to prevent the imminent peril. |
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State v. Booth (consolidated w/20140257 & 20140258)
2015 ND 59 Highlight: By voluntarily pleading guilty, a defendant waives any procedural defects in applying a habitual offender sentence enhancement. |
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Flynn, et al. v. Hurley Enterprises, Inc., et al.
2015 ND 58
Highlight: In a nuisance action, in balancing the utility of the defendant's conduct against the harm to the plaintiff, the property owner's conduct at issue in the balancing test is the invasive conduct that is alleged to constitute the nuisance, not conduct of the defendant in the community at large unrelated to the challenged conduct. |