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.
3001 - 3100 of 12359 results
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Roberts v. N.D. Dep't of Transportation
2015 ND 137 Highlight: Taking the onsite screening test does not preclude revocation of a driver's license for refusal of a chemical blood test. |
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Ward Farms, et al. v. Enerbase Cooperative Resource, et al.
2015 ND 136
Highlight: Fraud must be proven by clear and convincing evidence. |
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Johnson, et al. v. Mid Dakota Clinic, P.C.
2015 ND 135
Highlight: A prima facie case of professional negligence requires expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of. |
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State v. Schmidt
2015 ND 134 Highlight: An arrest warrant founded on probable cause carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. |
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State v. Smith
2015 ND 133 Highlight: Obvious error will be corrected on appeal only when there is a clear deviation from an applicable legal rule under current law. |
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State v. Bauer
2015 ND 132 Highlight: A defendant's refusal to expressly consent to chemical testing under N.D.C.C. 39-08-01 is not a violation of the Fifth Amendment protection against self-incrimination, nor contrary the Miranda. |
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Chegwidden, et al. v. Evenson, et al.
2015 ND 131
Highlight: On termination of a lease, a lessor may apply the security deposit, plus accrued interest, towards any unpaid rent. |
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Marhula v. Grand Forks Curling Club
2015 ND 130 Highlight: The threshold membership requirements do not apply to a member's individual action against a nonprofit corporation claiming he was improperly terminated from membership. |
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Williams v. Williams
2015 ND 129 Highlight: Rehabilitative spousal support is to equalize the burdens of divorce. |
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Rounkles v. Levi
2015 ND 128 Highlight: Issues raised in an amended specifications of error filed outside the seven-day period for filing a specifications of error will not be considered. |
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Broten, et al. v. Broten
2015 ND 127
Highlight: Judicial estoppel is a doctrine designed to protect the integrity of the judicial process by prohibiting a party from assuming inconsistent or contradictory positions during the course of litigation.. |
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State v. Lowe
2015 ND 126 Highlight: Denial of a N.D.R.Crim.P. 35(b) motion for reduction of sentence is not appealable. |
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Estate of Hogen
2015 ND 125
Highlight: A devisee's right to a decedent's real property is subject to administration by a personal representative, which continues until termination of the personal representative's appointment. |
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State v. Kopperud
2015 ND 124 Highlight: A district court may not assess jury expenses to a defendant in a criminal case when the defendant fails to appear for trial. |
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Funke, et al. v. Aggregate Construction, Inc., et al. (cross-ref. 20120405)
2015 ND 123
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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Estate of Nelson
2015 ND 122 Highlight: Appellate review is not possible when the rationale of the district court's decision is not clear. |
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Carlson, et al. v. GMR Transportation, Inc.
2015 ND 121
Highlight: In a tort action to recover damages for a work-related injury, the employer has the burden of establishing by a preponderance of the evidence the defense that the employer is immune from suit under the workers' compensation act. |
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Riak v. State
2015 ND 120
Highlight: Motions for reconsideration of a judgment or order may be treated as motions to alter or amend a judgment or as motions for relief from a judgment or order. |
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State v. Matthews
2015 ND 119 Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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White, et al. v. T.P. Motel, L.L.C., et al.
2015 ND 118 Highlight: To intervene as a matter of right, a proposed intervenor must show (1) an interest relating to the subject matter of the litigation; (2) the interest may be impaired as a result of the litigation; and (3) the interest is not adequately protected by an existing party to the litigation. |
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Interest of Thorson
2015 ND 117 Highlight: Order civilly committing an person as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Maxon v. State (consolidated w/20140473)
2015 ND 116 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. 1986 Collins Fifth Wheel Camper
2015 ND 115 Highlight: Order granting forfeiture of property is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Disciplinary Board v. Foster
2015 ND 114 Highlight: Interim suspension of lawyer ordered. |
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Disciplinary Board v. Fahrenholtz (consol w/ 20150081-20150082)
2015 ND 113 Highlight: Lawyer disbarred. |
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Adams v. Adams
2015 ND 112
Highlight: A district court's valuation of marital property within the range of the evidence presented is not clearly erroneous. |
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Disciplinary Board v. Carpenter
2015 ND 111
Highlight: In disciplinary proceedings, the Supreme Court defers to a hearing panel's findings on the credibility of a witness, because the hearing panel has the opportunity to observe the witness's demeanor and hear the witness testify. |
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Estate of Johnson
2015 ND 110
Highlight: A personal representative has a right to take possession of the decedent's property for purposes of administration, and a personal representative's decision to take possession of estate property is conclusive against the heirs and devisees. |
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Carnes v. Snider
2015 ND 109 Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Blackcloud
2015 ND 108 Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Baxter
2015 ND 107 Highlight: The implied consent laws criminalizing refusal to submit to onsite screening or chemical tests do not violate the Fourth Amendment and its state counterpart, the unconstitutional conditions doctrine, or the due process clause. |
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State v. Gonzalez (cross-ref. w/20110051)
2015 ND 106
Highlight: A valid probationary search is an exception to the warrant requirement under the Fourth Amendment. |
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State v. Holkesvig (consolidated w/20140210)
2015 ND 105
Highlight: The district court has the inherent authority to stem the abuses of the judicial process when a litigant has engaged in a clear pattern of frivolous, repetitive litigation. |
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Filkowski v. N.D. Dep't of Transportation
2015 ND 104
Highlight: Law enforcement must send the director of the Department of Transportation a certified copy of the analytical report of a blood test for the department to have authority to suspend a person's driving privileges. |
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State v. Williams
2015 ND 103
Highlight: A search does not occur unless the government violates an individual's reasonable expectation of privacy. |
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Howard v. State
2015 ND 102 Highlight: To resist summary disposition of a post-conviction relief claim, the non-moving party must present competent, admissible evidence capable of raising genuine issues of material fact. |
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State v. Jasmann
2015 ND 101
Highlight: It is not prosecutorial misconduct for the State to read an interview transcript into evidence at trial at the defendant's request when the defendant had reviewed the transcript and noticed it included a questionable statement. |
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State v. Taylor
2015 ND 100 Highlight: Whether a person has a reasonable expectation of privacy in a bedroom, separate and above that for a residence as a whole, must be decided on a case-by-case basis. |
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Stai-Johnson v. Johnson
2015 ND 99 Highlight: A district court may consider the effect of the separation of siblings in ruling on a motion to relocate. |
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Feist v. Feist
2015 ND 98
Highlight: A district court's distribution of marital property is reviewed under the clearly erroneous standard of review. |
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Viscito, et al. v. Christianson, et al.
2015 ND 97
Highlight: A judgment dismissing a case without prejudice may be appealable if attorney's fees and costs are awarded as a sanction. |
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The Evangelical Good Samaritan Society v. N.D. Dep't of Human Services
2015 ND 96 Highlight: Public notice of future effective dates of federal regulations gives persons affected by the change in the law time to prepare to comply with the new rule. |
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Mowan v. Berg
2015 ND 95 Highlight: If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility. |
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Hall v. Malloy, et al.
2015 ND 94
Highlight: An instrument may include a judgment for purposes of the after-acquired title doctrine. |
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Moe v. State
2015 ND 93
Highlight: The purpose of an appeal is to review the actions of the district court, not to give the appellant an opportunity to develop new strategies or theories. |
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Matter of Loy
2015 ND 92
Highlight: A licensure under probation with the State Board of Psychologist Examiners meets the statutory and evidentiary standard required to testify, and a witness's probationary status is an issue of weight and credibility of the testimony and not an issue of admissibility. |
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Interest of T.J.S. (CONFIDENTIAL)(consolidated w/ 20140363 & 20140364)
2015 ND 91 Highlight: Order placing child in custody of Department of Corrections is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Complete Plumbing Services, Inc. v. Brenna
2015 ND 90 Highlight: Money judgment requiring payment for unpaid costs of work and materials is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Vacancy in Judgeship No. 4, Northeast Central Judicial District
2015 ND 89 Highlight: Judgeship retained at Grand Forks. |
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Tresenriter v. State
2015 ND 88 Highlight: Order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Parizek v. State
2015 ND 87 Highlight: Order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Mesch v. Levi
2015 ND 86 Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision to suspend driving privileges for 180 days is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of M.T. (CONFIDENTIAL)
2015 ND 85 Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of D.V.A. (CONFIDENTIAL) (cross-ref 20030304, 20080319, 20100091)
2015 ND 84 Highlight: Orders denying request for discharge from civil commitment as a sexually dangerous individual are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Curtiss v. State
2015 ND 83 Highlight: Order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Interest of Hoff (cross-reference w/ 20120248, 20130216 & 20130323)
2015 ND 82 Highlight: A district court's findings of fact and order denying discharge and order for continued commitment are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Keller v. N.D. Dep't of Transportation
2015 ND 81
Highlight: Fair administration of an Intoxilyzer test may be established by proof that the approved method for conducting the test has been scrupulously followed. |
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State v. Trimble
2015 ND 80 Highlight: Revocation of the defendant's probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Pegg v. Kohn, et al.
2015 ND 79
Highlight: A partnership agreement may be oral. |
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Ruddell v. State
2015 ND 78 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Service Oil, Inc., et al. v. Gjestvang, et al.
2015 ND 77
Highlight: No damages can be recovered for a breach of contract if not clearly ascertainable in both nature and origin. |
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Jordet v. Jordet, et al.
2015 ND 76
Highlight: Conversion is the wrongful exercise of dominion or control over property inconsistent with or in defiance of the rights of the owner. |
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City of Napoleon v. Kuhn
2015 ND 75
Highlight: In reviewing the sufficiency of the evidence to convict, an appellate court looks only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see whether there is substantial evidence to warrant a conviction. |
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State, et al. v. Lavallie
2015 ND 74 Highlight: A child support order issued by another state, not challenged within 20 days of being registered for enforcement in this state, is confirmed by operation of law. |
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Jordet v. Jordet (cross-ref w/20120185)
2015 ND 73
Highlight: The appealability of an order will be considered even if neither party raises the issue on appeal. |
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State v. Dahl
2015 ND 72
Highlight: Probable cause to support the issuance of a search warrant for a defendant's luggage is reviewed under the "totality of the circumstances." |
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Interest of Johnson (cross-reference w/20120364)
2015 ND 71
Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior. |
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Hankey v. Hankey
2015 ND 70
Highlight: Whether a moving party has established a prima facie case for a modification of primary residential responsibility is a question of law reviewed under the de novo standard of review. |
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Lavallie v. Lavallie
2015 ND 69 Highlight: A state district court and a tribal court may have concurrent subject-matter jurisdiction to determine an obligor's child support obligation. |
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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. |
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Baker v. Autos, Inc., et al.
2015 ND 57
Highlight: A district court may permit class certification if the numerosity, commonality, fair and efficient adjudication, and adequate representation factors are met. Thirteen sub-factors are used to help determine the fair and efficient adjudication factor. |
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State v. Eaglechasing
2015 ND 56 Highlight: A criminal judgment for terrorizing with a dangerous weapon is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Otto v. State
2015 ND 55 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Myers v. State
2015 ND 54 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Pederson v. State
2015 ND 53 Highlight: A district court's dismissal with prejudice of a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Daye
2015 ND 52 Highlight: Criminal judgment for reckless endangerment and fleeing a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Nails v. US Bank (USA) N.A.
2015 ND 51 Highlight: Judgment of dissmissal of lawsuit is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Wojahn v. Levi
2015 ND 50 Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Kirkpatrick v. State (cross-reference w/20110312)
2015 ND 49 Highlight: A district court judgment denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Holkesvig v. Hutton, et al.
2015 ND 48 Highlight: Judgment dismissing complaint without prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Owens v. State
2015 ND 47 Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Romero v. State (cross-reference w/20110337)
2015 ND 46 Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Harns
2015 ND 45 Highlight: Driving under the influence conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Royal Jewelers, Inc., et al. v. Light, et al.
2015 ND 44
Highlight: Payment must be applied in the manner directed by the debtor if a debtor manifests an intention or desire to apply a payment to one of two or more obligations to a creditor. |
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State v. Gasal
2015 ND 43
Highlight: Violations of the ministerial aspects of N.D.R.Crim.P. 41 relating to search warrants seldom result in the suppression of evidence unless there is a showing of prejudice, or an intentional or deliberate disregard of the rule. |
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Seay v. Seay (cross-reference w/20110332)
2015 ND 42
Highlight: A district court's decision on whether to modify primary residential responsibility is a finding of fact subject to the clearly erroneous standard of review. |
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State v. White Bird (cross-reference w/ 20130381)
2015 ND 41
Highlight: The corollary to a criminal defendant's constitutional right to counsel is a defendant's right to self-representation. To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel. |
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State v. Eckroth
2015 ND 40
Highlight: A DUI conviction cannot be used to enhance the penalty of a subsequent DUI conviction when there is no proof that the defendant waived his right to counsel before pleading guilty to the earlier DUI charge. |
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Sterling Development Group Three, LLC, et al. v. Carlson
2015 ND 39
Highlight: A guarantor is exonerated from liability if the creditor alters the principal's obligation in any respect without the guarantor's consent. |
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Hoverson v. Hoverson (cross-ref. w/20120281)
2015 ND 38
Highlight: A party seeking modification of spousal support must show a material change in financial circumstances warranting modification, which is a change that substantially affects the financial abilities or needs of the parties and that was not contemplated at the time of the original decree. |
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Nandan, LLP, et al. v. City of Fargo
2015 ND 37
Highlight: In reviewing a judgment dismissing a complaint for failure to state a claim, the complaint is construed in the light most favorable to the plaintiff and accept as true the allegations in the complaint. |