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.
1501 - 1550 of 12250 results
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State v. West
2020 ND 74
Highlight: Probationers consent to reasonable warrantless searches when they submit to a search condition as part of the terms of their probation. |
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North Star Mutual Insurance v. Ackerman, et al.
2020 ND 73 Highlight: Under the concurrent cause doctrine, an insurance policy provides coverage for liability when both a covered risk and an excluded risk contribute to the accident. |
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Interest of A.P.D.S.P.-G. (CONFIDENTIAL)
2020 ND 72 Highlight: A juvenile court does not have an obligation to ensure a party’s presence. Under N.D.R.Juv.P. 10(a)(3), a parent of a child must be present unless excused by the court. |
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Matter of Hogen Trust B
2020 ND 71 Highlight: A district court may clarify its own previous order. Due process is an opportunity to be heard at a meaningful time and meaningful manner and is complied with if the party has an opportunity, but argues other issues. A party that does not raise an issue in the district court cannot argue the issue for the first time on appeal. |
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Martodam v. Martodam
2020 ND 70
Highlight: Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of that judgment. A final judgment supersedes an interim order’s parenting provisions, which are by nature temporary. |
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State v. Cook
2020 ND 69
Highlight: In determining whether the moving party has established a prima facie case of an illegal seizure, a district court may consider evidence already in the record. |
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State v. Eggleston
2020 ND 68
Highlight: The district court did not err in dismissing the defendant’s motion for an acquittal because there was sufficient evidence for the jury to convict defendant and for the jury to conclude he was not acting in self-defense. |
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Lakeview Excavating, Inc. v. Dickey County, et al.
2020 ND 67
Highlight: Determining when a cause of action accrues is usually a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury. |
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State v. Awad
2020 ND 66 Highlight: An advisory about possible immigration consequences, like the other advisories in N.D.R.Crim.P. 11(b)(1), need not be repeated immediately prior to entry of a guilty plea if the advisory was given at an earlier hearing and the record reflects the defendant’s knowledge of his rights. |
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Haas, et al. v. Hudson & Wylie LLP, et al.
2020 ND 65
Highlight: Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. |
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Big Pines v. Baker, et al.
2020 ND 64
Highlight: The primary purpose in interpreting contracts is to ascertain the parties’ intent. |
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Bullinger Enterprises v. Dahl, et al.
2020 ND 63 Highlight: Subsection (6) of the six year statute of limitation under N.D.C.C. § 28 01 16 governs fraud and deceit actions. The district court did not err in finding when the plaintiff was placed on notice of its claims and the assertion of a cause of action was outside the six year statute of limitation. |
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Messmer v. Messmer
2020 ND 62 |
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SAEJ Enterprises v. WSI
2020 ND 61 Highlight: District court judgment affirming an administrative law judge decision that affirmed a Workforce Safety and Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
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Interest of R.S. (CONFIDENTIAL)
2020 ND 60 Highlight: A district court’s order granting the request for continuing treatment is summarily affirmed under N.D.R.App.35.1(a)(2). |
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Wasley v. WSI, et al.
2020 ND 59 |
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Sapa, et al. v. Lofthus
2020 ND 58 Highlight: A district court judgment relating to the cancellation of a contract for deed is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Carlson v. Carlson
2020 ND 57
Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. |
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Caster v. State
2020 ND 56
Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings. |
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Interest of D.M.D. (CONFIDENTIAL)
2020 ND 55 Highlight: Juvenile court orders finding and affirming aggravating circumstances and ending services are summarily affirmed under N.D.R.App.35.1(a)(2),(7). |
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Northern States Power v. Mikkelson, et al.
2020 ND 54 Highlight: The amount of damages caused by an eminent domain taking is an issue of fact to be decided by the trier of fact. |
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Schulke v. NDDOT
2020 ND 53 Highlight: Section 39-20-14(1), N.D.C.C., establishes that drivers are deemed to have provided consent to submit to a screening test when the driver commits a traffic offense or is involved in an accident and, in conjunction with the traffic violation or accident, law enforcement formulates an opinion the driver’s body contains alcohol; It does not require the screening test to be conducted at the location of the stop. |
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State v. Mohammed
2020 ND 52 Highlight: Sufficient evidence supports the criminal judgment finding the defendant guilty of gross sexual imposition. Therefore, the district court did not abuse its discretion when it denied the defendant’s motion for acquittal. |
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State v. Ovind
2020 ND 51
Highlight: Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency. |
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State v. Marcum
2020 ND 50
Highlight: Exclusion of evidence is not the proper remedy when law enforcement acts in good faith upon objectively reasonable reliance that a warrant was properly issued. |
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Rieger v. Ackerman, et al.
2020 ND 49
Highlight: District courts have broad discretion in partition actions to do equity and make a fair division of the property or proceeds between the parties and have wide flexibility in ordering proper relief for the parties. |
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State v. McAllister
2020 ND 48
Highlight: The district court did not err when it limited cross-examination of a victim regarding the victim’s interest in obtaining restitution. |
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Northwest Grading, Inc. v. North Star Water, LLC, et al.
2020 ND 47
Highlight: Rule 37(b)(2)(A)(ii), N.D.R.Civ.P., permits a district court to sanction a party in violation of a discovery order by prohibiting the disobedient party from supporting or opposing a claim or defense with evidence not disclosed under the discovery order. |
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Smithberg v. Jacobson, et al.
2020 ND 46 Highlight: When an appellate court remands a case for a trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law. |
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Interest of G.L.D. (CONFIDENTIAL)
2020 ND 45 Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion. |
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Interest of E.K. (CONFIDENTIAL)
2020 ND 44 Highlight: A district court treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Benson
2020 ND 43 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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Stevenson v. Biffert
2020 ND 42
Highlight: This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case. |
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State v. Gratton
2020 ND 41 Highlight: Having a marital property interest in a vehicle does not prevent an individual from being prosecuted for theft of the vehicle. A district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited. |
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Vetter v. Vetter
2020 ND 40 |
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Ouradnik v. N.D. Dep't of Transportation
2020 ND 39
Highlight: The district court erred by reversing the administrative hearing officer’s decision based on an issue that was not preserved for review. |
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State v. Sah
2020 ND 38 Highlight: If a defendant moves for a new trial, the defendant is limited on appeal to the grounds presented to the district court in the motion. If the defendant does not preserve an issue for appeal, and does not argue obvious error this Court may decline to review the issue for obvious error. |
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City of West Fargo v. Ekstrom
2020 ND 37
Highlight: A mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution. |
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Carlson v. Carlson
2020 ND 36
Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. |
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Reese v. Reese-Young
2020 ND 35
Highlight: The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law. |
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State v. Lyon
2020 ND 34
Highlight: Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand. |
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State v. Pagenkopf
2020 ND 33
Highlight: A district court has wide discretion in setting the amount of restitution, and the district court does not abuse its discretion by awarding restitution that is within the range of reasonableness. |
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Hustle Proof, et al. v. Matthews, et al.
2020 ND 32
Highlight: A party seeking relief from a judgment under N.D.R.Civ.P. 60(b)(6) must factually demonstrate exceptional circumstances. |
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State v. Jensen
2020 ND 31 Highlight: Under N.D.R.Ct. 3.2(a)(2), the moving party may file a reply brief within seven days after service of the answer brief. A motion is not submitted to the court for decision until all briefs are filed or the time for filing has expired. |
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State v. Thomas
2020 ND 30
Highlight: A district court’s decision whether to grant a continuance will not be set aside on appeal absent an abuse of discretion. |
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State v. Brown
2020 ND 29 Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Vacancy in Judgeship No. 5, East Central Judicial District
2020 ND 28 Highlight: Judgeship retained at Fargo. |
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Estate of Albrecht
2020 ND 27
Highlight: The district court’s factual findings in a partition action will not be reversed on appeal, unless they are clearly erroneous. |
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Aftem Lake Developments Inc. v. Riverview Homeowners Assoc.
2020 ND 26 Highlight: A statutory dedication of property divests the donor of ownership in the property. |
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State v. Wickham
2020 ND 25 Highlight: The district court did not obviously err by admitting fact testimony and by not stopping a witness from testifying by way of a mix of permissible lay opinion testimony and arguably impermissible expert opinion testimony. |