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.
2901 - 3000 of 12382 results
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Interest of L.F. (CONFIDENTIAL)
2015 ND 260 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Rusgrove v. Goter
2015 ND 259 Highlight: A district court's summary judgment dismissing a plaintiff's lawsuit with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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In the Interest of A.S. (CONFIDENTIAL)
2015 ND 258 Highlight: A district court order adopting a referee's order that transferred the case from juvenile court to adult court is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Sall v. Sall (cross-reference w/ 20100360 & 20120448)
2015 ND 257 Highlight: A district court judgment adjusting the monthly amount of child support payments is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of T.A.G.
2015 ND 256 Highlight: A district court order for continued commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Leno v. N.D. Dep't of Transportation
2015 ND 255
Highlight: When the specimen submitter's checklist is not sent to the Department of Transportation or presented as evidence at the administrative hearing, testimony from the specimen submitter can be used to show scrupulous compliance with the methods approved by the state crime laboratory director. |
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Capes v. Capes
2015 ND 254 Highlight: To modify parenting time, the moving party must demonstrate that a material change in circumstances has occurred since entry of the previous parenting time order and that the modification is in the best interests of the child. |
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Estate of Amundson, et al.
2015 ND 253
Highlight: The district court is considered an expert in determining the value of reasonable attorney's fees for services rendered to an estate, and its decision will not be overturned on appeal absent a clear abuse of discretion. |
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Poppe v. Stockert, et al.
2015 ND 252
Highlight: A landlord may dispose of a tenant's abandoned personal property under N.D.C.C. 47-16-30.1. The landlord must retain property valued at more than $1,500 for the time required by statute. |
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Gronland v. Gronland (cross-reference w/19940193)
2015 ND 251
Highlight: Jurisdiction to modify spousal support does not extend beyond the support period, unless the court reserves that jurisdiction. |
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Olson v. Levi
2015 ND 250 Highlight: The report and notice form forwarded to the department of transportation must include adequate probable cause information showing the arrestee was in actual physical control of or was driving a vehicle under the influence of alcohol to provide the department authority to suspend driving privileges. |
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City of Jamestown v. Hanson
2015 ND 249 Highlight: Testimony regarding blood-alcohol testing procedures may be admitted into evidence without satisfying the statutory requirements for admission of blood-alcohol test results. |
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Tidd v. Kroshus
2015 ND 248
Highlight: Jury instructions on issues not supported by the evidence are erroneous but arereversible error only when they are prejudicial or mislead the jury. |
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Guardianship/Conservatorship of V.A.M.
2015 ND 247 Highlight: A district court's decision cannot be properly reviewed on appeal if the appellate court is unable to understand the rationale underlying the district court's decision. |
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Interest of W.M. (Confidential)
2015 ND 246 Highlight: District court order finding W.M. mentally ill and in need of treatment with medication summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of B.K. (CONFIDENTIAL)
2015 ND 245 Highlight: Mental health commitment for up to 90 days is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Dubray v. State
2015 ND 244 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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Matter of Bartole (cross-ref w/ 20110243)
2015 ND 243 Highlight: A district court order for continued commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Meyer, et al. v. Engebretson, et al.
2015 ND 242 Highlight: Summary judgment deciding ownership of mineral interests is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Kitzan v. State
2015 ND 241 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Berg
2015 ND 240 Highlight: District court order for revocation of probation and amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Wedemeyer v. State
2015 ND 239 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Border Resources, LLC v. Irish Oil & Gas, Inc., et al.
2015 ND 238
Highlight: A fiduciary duty, including a corresponding duty of loyalty and honesty, arises between an oil company and its landman based on a confidential relationship. |
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State v. Montplaisir
2015 ND 237
Highlight: An information is sufficient if it sets forth the offense in the words of the statute and is specific enough to provide a defendant with notice of the pending charges to enable the defendant to prepare a defense. |
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Klein v. Klein
2015 ND 236
Highlight: Under the child support guidelines, "self-employment" means employment that results in an obligor earning income from any business organization or entity which the obligor is, to a significant extent, able to directly or indirectly control. |
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State v. Guttormson
2015 ND 235
Highlight: Statements admitted to prove a point other than the truth of the matter asserted are not testimonial hearsay statements. |
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State v. Chase
2015 ND 234 Highlight: A trial court does not abuse its discretion by excluding evidence of prior sexual activity between a victim and defendant when the defendant has not provided the required notice of intent to offer such evidence. |
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Interest of M.R., a Child (CONFIDENTIAL)
2015 ND 233
Highlight: The juvenile court is not required to second-guess an attorney's statement regarding his client's decision not to appear by telephone at a termination of parental rights trial. |
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Norby v. Estate of Kuykendall, et al.
2015 ND 232 Highlight: When a boundary is fixed by a deed at a specified line without reference to the water, the grantee cannot claim accretions beyond that line. |
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Greywind v. State
2015 ND 231
Highlight: A district court summarily dismissing a post-conviction relief application under N.D.C.C. 29-32.1-09(1) must rely on information found solely within the application. |
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State v. Morales
2015 ND 230
Highlight: A warrantless blood-alcohol test is unreasonable unless it falls within a recognized exception to the warrant requirement. |
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Grigg v. Grigg
2015 ND 229 Highlight: Unless the opposing party's counter-affidavits conclusively establish the movant's allegations have no credibility, the district court must accept the truth of the moving party's allegations. |
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Keller v. State
2015 ND 228
Highlight: A motion to correct an illegal sentence cannot be used to attack the underlying conviction. |
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State v. Korynta
2015 ND 227 Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of E.V. (Confidential)
2015 ND 226 Highlight: District court judgment finding a child is deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Holverson v. Lundberg
2015 ND 225 Highlight: There is not jurisdiction to hear appeal from a judgment where unadjudicated claim has not been decided by district court. |
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Vacancy in Judgeship No. 1, Southwest Judicial District
2015 ND 224 Highlight: Judgeship retained at Dickinson. |
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State v. New Holland
2015 ND 223 Highlight: A person seeking compensatory remedial contempt sanctions against the state or a state employee must comply with the statutory requirements for claims against the state. |
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Disciplinary Board v. Matson (consolidated w/ 20150220-20150221)
2015 ND 222 Highlight: Lawyer suspension ordered. |
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Vacancy in Judgeship No. 3, Northeast Judicial District
2015 ND 221 Highlight: Judgeship retained at Bottineau. |
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Kuntz v. Disciplinary Board
2015 ND 220
Highlight: A lawyer's violation of the rules of professional conduct must be established by clear and convincing evidence. |
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State v. Weight
2015 ND 219
Highlight: Double Jeopardy prohibits successive prosecutions and punishments for the same criminal offense. |
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Matter of Hehn (cross-reference 20110053; 20120070; 20120212; 20130055;20130143)
2015 ND 218
Highlight: When a party fails to raise an issue before the district court, even a constitutional issue, an appellate court generally will not address the issue on appeal. A party must do more than submit bare assertions to adequately raise constitutional issues. |
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Gerber v. Disciplinary Board
2015 ND 217 Highlight: Under the rules of professional conduct, a lawyer who is not admitted to practice in this jurisdiction is prohibited from representing or holding out to the public that he is admitted to practice law in this jurisdiction. |
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Hale v. City of Minot
2015 ND 216
Highlight: A local governing body's decision is affirmed unless the local body acted arbitrarily, capriciously, or unreasonably, or there is not substantial evidence supporting the decision. |
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Freidig, et al. v. Weed, et al.
2015 ND 215
Highlight: A warranty deed that does not express the parties' intent may be reformed on the ground of mutual mistake. |
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Gabaldon-Cochran v. Cochran
2015 ND 214
Highlight: Distribution of marital property does not need to be equal, but the distribution must be equitable and a substantial disparity must be explained. |
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State v. Weinmann (consolidated w/ 20140440)
2015 ND 213 Highlight: The reliability of informants within the criminal milieu must be established. |
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State v. Rufus
2015 ND 212
Highlight: The word "obtain," in the context of the human trafficking statute, encompasses acquiring temporary custody of a person for the purpose of engaging in commercial sex acts with that person. |
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State v. Pogue
2015 ND 211
Highlight: A motion to reconsider does not toll the time for filing a notice of appeal from an order suppressing evidence in a criminal matter. |
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Winter v. Solheim, et al.
2015 ND 210 Highlight: If a small claims court has jurisdiction over the parties and subject matter of an action, a writ of certiorari may not be used to review an alleged erroneous decision by the small claims court. |
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Olson, et al. v. Alerus Financial Corp., et al.
2015 ND 209 Highlight: A real estate agent owes fiduciary duties to a client, and the legislature intended to create a private remedy to enforce violations of those duties. |
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State v. Zacher
2015 ND 208 Highlight: Plain view is a recognized exception to the search warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object's incriminating character is immediately apparent. |
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Matter of J.G. (CONFIDENTIAL)(cross-reference w/20100366 & 20120199)
2015 ND 207 Highlight: The least restrictive treatment available for a sexually dangerous individual is initially made by the executive director of the department of human services, but the individual may challenge continued commitment if statutory requirements are being violated. |
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Interest of Whitetail
2015 ND 206
Highlight: A sexually dangerous individual who is committed is to be placed in the least restrictive available treatment facility or program. |
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Anderson v. WSI
2015 ND 205
Highlight: A vocational rehabilitation plan is appropriate if it meets the statutory requirements and gives the injured worker a reasonable opportunity to obtain substantial gainful employment. |
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Moody, et al. v. Sundley
2015 ND 204
Highlight: All the elements for adverse possession must be satisfied for a claim of adverse possession under any of the statutory provisions, and if any element is not satisfied the possession will not confer title. |
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Gray v. Berg
2015 ND 203 Highlight: A peremptory demand for a change of judge differs from a demand for a change of judge based on bias. Peremptory demands are untimely if filed more than 10 days after notice of assignment or reassignment of a judge for trial of a case, notice that trial had been scheduled, or date of service of an ex parte order in the case signed by the judge against whom the demand is filed. Allegations of bias are not subject to the same time constraints. |
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Messer, et al. v. B&B Hot Oil Service, Inc., et al.
2015 ND 202
Highlight: For negligence claims based on defective products, the focus is on whether or not the conduct of the manufacturer or seller falls below the standard of reasonable care. One who has been injured by a product may seek to hold the manufacturer or seller liable on the theory that the design of the product made it dangerous and, apart from whether it was negligent in its design, negligence is inhered in a failure to warn of the danger. |
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State v. Clark
2015 ND 201 Highlight: A conviction rests upon insufficient evidence only when, after viewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt. |
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Johnson, et al. v. Shield, et al.
2015 ND 200
Highlight: Reservations or exceptions of property interests may appear in any part of a deed, including the warranty clause. |
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BAHA Petroleum Consulting Corp. v. Job Service
2015 ND 199 Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law, and the employer bears the burden of showing the worker is an independent contractor. |
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State v. Morel
2015 ND 198 Highlight: Conviction of refusal to submit to a chemical test is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Kordonowy
2015 ND 197
Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague. |
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State v. Kardor
2015 ND 196
Highlight: A Brady v. Maryland violation is established if a defendant proves: (1) the government possessed evidence favorable to the defendant; (2) the defendant did not possess the evidence and could not have obtained it with reasonable diligence; (3) the prosecution suppressed the evidence; and (4) a reasonable probability exists that the outcome of the proceedings would have been different if the evidence had been disclosed. |
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Yesel, et al. v. Brandon, et al. (consolidated w/20140187)
2015 ND 195
Highlight: A royalty interest is not abandoned if the mineral interest related to the royalty interest has been used within the last 20 years. |
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State v. Filkowski
2015 ND 194
Highlight: Evidence establishing the approved methods, devices, or individuals administering analytical tests requires foundational support indicating approval from the director of the state crime laboratory or the director's designee. |
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City of Dickinson v. Etienne
2015 ND 193 Highlight: A defendant may appeal a municipal court judgment of conviction to the district court, and the appeal must be taken in accordance with the Rules of Criminal Procedure. |
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State v. Jennewein (consolidated w/ 20140369)
2015 ND 192
Highlight: Under the criminal discovery rules, the prosecution must furnish the defendant a copy of his prior criminal record that is within the prosecution's possession, custody, or control. |
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Guardianship/Conservatorship of B.K.J.
2015 ND 191
Highlight: The district court's selection of a guardian is reviewed on appeal using the abuse of discretion standard. |
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Prairie Supply, Inc. v. Apple Electric, Inc., et al. (consolidated w/ 20140357)
2015 ND 190 Highlight: When a motion for a new trial is made in the district court, the party making the motion is limited on appeal to a review of the grounds presented to the district court in the motion for a new trial. |
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The City of Moorhead v. Bridge Company, et al.
2015 ND 189
Highlight: A franchise is a contract subject to the general rules of contract interpretation. |
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Estate of Gassmann
2015 ND 188 Highlight: The pretrial exclusion of evidence by a motion in limine is a preliminary order and does not dispense with the need for the proponent of evidence to make an offer of proof at trial so the court can consider the proffered evidence in the context of other evidence presented at trial. |
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EOG Resources, Inc. v. Soo Line Railroad Co., et al.
2015 ND 187
Highlight: The primary purpose in interpreting a deed is to ascertain and effectuate the grantor's intent, and if the deed is unambiguous, we determine the grantor's intent from the deed itself considering the entire instrument. |
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Interest of B.E. (CONFIDENTIAL)
2015 ND 186 Highlight: A district court order continuing treatment for six months is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3). |
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Kroschel v. Levi
2015 ND 185
Highlight: Police officers outside of their jurisdiction generally act without official capacity and without authority to arrest. |
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Gackle v. N.D. Dep't of Transportation
2015 ND 184 Highlight: A district court judgment affirming the Department of Transportation hearing officer's suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Dockter, et al. v. Burleigh County Board of County Commissioners
2015 ND 183
Highlight: Spot zoning occurs when an individual lot is singled out for discriminatory or different treatment than that accorded surrounding property of a similar character and is beyond the authority of a zoning entity, absent a clear showing of a reasonable basis for different treatment. |
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Howe v. Disciplinary Board
2015 ND 182 Highlight: Lawyer reinstated and reprimanded. |
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State v. Lang
2015 ND 181
Highlight: When considering the effects of comments made during jury selection, great faith is placed in a juror's ability to remain fair and impartial. |
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State v. Packineau
2015 ND 180
Highlight: When a defendant has actual notice of a proposed additional witness before trial, the additional witness serves as a foundational witness, and the defendant does not specify any instance of actual prejudice, a district court does not abuse its discretion in admitting the testimony. |
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Schlittenhart v. N.D. Dep't of Transportation
2015 ND 179
Highlight: A driver's license may not be suspended or revoked without due process, which requires notice and a meaningful opportunity to be heard appropriate to the nature of the case. |
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Havemeier v. N.D. Dep't of Transportation
2015 ND 178 Highlight: Fair administration of an Intoxilyzer test is not established when a law enforcement officer, in violation of the approved method, prematurely terminates the testing sequence before the machine times out and no expert testimony is provided on the effect, if any, of the deviation. |
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State v. Gates (consol. w/ 20150036) (cross-reference w/20130358)
2015 ND 177 Highlight: District courts have a wide degree of discretion when determining restitution awards, and the court's decision will not be reversed on appeal unless the court abuses its discretion. |
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State v. Breiner
2015 ND 176 Highlight: Documents showing the defendant had the benefit of legal counsel are sufficient to establish defendant had or waived counsel so that prior convictions could be used to enhance his DUI sentence. |
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Gonzalez v. State (consolidated w/20150051)
2015 ND 175 Highlight: An issue, even a constitutional issue, not raised before the district court generally will not be addressed on appeal. |
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Fugere v. Fugere
2015 ND 174
Highlight: A district court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage. |
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State v. Martinez
2015 ND 173
Highlight: Jury instructions must correctly and adequately inform the jury of the applicable law and must not mislead or confuse the jury. |
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City of Williston v. Werkmeister
2015 ND 172 Highlight: A defendant may appeal from a municipal court's judgment of conviction, and the appeal must be taken in accordance with the Rules of Criminal Procedure. |
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Votava v. Votava
2015 ND 171
Highlight: A district court has broad discretion in deciding whether contempt has been committed, and the court's decision will not be reversed on appeal unless there is a clear abuse of discretion. |
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Savre v. Santoyo
2015 ND 170
Highlight: A breach of contract occurs when there is nonperformance of a contractual duty when it is due. |
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Schiele v. Schiele
2015 ND 169
Highlight: Parents have a mutual duty to support their children, and a court may compel either or both of the parents to provide for the support of their children. |
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Weston v. Crummy
2015 ND 168 Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Adoption of A.J.S. and T.J.S. (CONFIDENTIAL)
2015 ND 167 Highlight: Termination of a parent's parental rights and a stepparent adoption are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Horvath (consolidated w/20140469 & 20140470)
2015 ND 166 Highlight: Criminal judgments entered after a jury found defendant guilty of terrorizing, reckless endangerment, and murder are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Interest of C.S. (CONFIDENTIAL) (cross-ref 20110302)
2015 ND 165 Highlight: A district court order for continued 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. Feist
2015 ND 164 Highlight: Criminal judgment for criminal mischief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Kirkpatrick v. State
2015 ND 163 Highlight: A district court judgment summarily dismissing an application for postconviction relief from conspiracy to commit murder conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Everett v. State
2015 ND 162 Highlight: District court orders denying post-conviction relief from a gross sexual imposition conviction and a motion to substitute judge summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6), and (7). |
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State v. Schwab
2015 ND 161 Highlight: Criminal judgment for accomplice to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |