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.
3101 - 3200 of 12418 results
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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. |
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State v. Bear
2015 ND 36
Highlight: To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt. |
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Peltier v. State
2015 ND 35
Highlight: When a court has accepted a guilty plea and imposed a sentence, the defendant cannot withdraw the plea unless withdrawal is necessary to correct a manifest injustice. |
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Steinbach v. State
2015 ND 34
Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions. |
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City of Harwood, et al. v. The City of Reiles Acres,et al.(cross-ref w/20130309)
2015 ND 33
Highlight: A district court has subject matter jurisdiction to construe a contract in a declaratory judgment action and to consider partition claims. |
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Runge v. Disciplinary Board
2015 ND 32
Highlight: A violation of the rules of professional conduct must be established by clear and convincing evidence. |
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State v. Glaser
2015 ND 31
Highlight: When a statutory definition is limited by prefatory language such as "in this title" or "for the purposes of this title," there is an expressly evidenced intent that the definition have no application beyond that act. |
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Waslaski v. State
2015 ND 30 Highlight: District court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Apland
2015 ND 29
Highlight: A factual challenge made against evidence obtained through an alleged unconstitutional warrantless search, which establishes probable cause in an affidavit used to secure a search warrant, may be considered at an evidentiary hearing. |
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Mackey v. State (cross-ref. w/20120119, 20100337)
2015 ND 28 Highlight: District court orders denying application for post-conviction relief and denying motion to reopen judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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State v. Beylund
2015 ND 27 Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Culver v. Levi
2015 ND 26 Highlight: Appeal from judgment affirming decision of the Department of Transportation to suspend driving privileges for 91 days is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Haugen v. Simmons
2015 ND 25 Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of D.D. (CONFIDENTIAL)(Cons. w/20140457, 20140465, & 20140466)
2015 ND 24 Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Huffman Inc. v. WSI
2015 ND 23 Highlight: A district court judgment affirming an administrative law judge's order finding Huffco's drivers are employees is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Rath v. Rath (Cross-ref. w/20130025, 20130184, 20130327 & 20140012)
2015 ND 22 Highlight: A district court order denying Mark Rath's motion to vacate the judgment and orders is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7). |
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Winarske v. State (consolidated w/20140113-20140118)
2015 ND 21 Highlight: A district court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Johnson
2015 ND 19 Highlight: A district court order revoking probation and sentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Beylund v. Levi
2015 ND 18 Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions. |
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Disciplinary Board v. Stanley
2015 ND 17 Highlight: Lawyer reprimanded. |
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Law v. Whittet, et al. (cross-reference w/20130241 & 20140248)
2015 ND 16
Highlight: A district court amended judgment will be reversed and remanded for failure to follow the mandate of the Supreme Court. |
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State v. Galvez
2015 ND 14
Highlight: Under the Equal Protection Clause, the use of peremptory challenges to exclude jurors solely on the basis of their gender is unconstitutional. |
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Mertz v. Mertz
2015 ND 13
Highlight: Comprehensive analysis under the Ruff-Fischer guidelines is emphasized over the disadvantaged spouse doctrine, which has been eliminated. |
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Interest of L.B. (CONFIDENTIAL)
2015 ND 12
Highlight: A district court's finding that a person is chemically dependent and requires treatment will not be reversed unless it is clearly erroneous. |
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State v. Kovalevich
2015 ND 11
Highlight: A criminal defendant must raise post-trial arguments about alleged discovery violations in a motion for a new trial. |
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Combs v. Lund
2015 ND 10
Highlight: A respondent's right to due process is violated by a disorderly conduct restraining order that creates a right of review in a divorce proceeding to which the respondent is not a party. |
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Keller v. N.D. Dep't of Transportation
2015 ND 9 Highlight: The failure of law enforcement to forward the results of a drug analytical report of a blood sample to the Department of Transportation does not deprive the Department of its authority to suspend an individual's driving privileges for driving under the influence of alcohol. |
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State v. Washburn
2015 ND 8 Highlight: An order dismissing a criminal prosecution for refusing to submit to a chemical test for intoxication is summarily reversed under N.D.R.App.P. 35.1(b). |
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Johnson v. State
2015 ND 7 Highlight: A petitioner must provide evidentiary support that the petitioner was innocent to satisfy the newly discovered evidence exception to the two-year time limit for applying for post-conviction relief. |
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State v. Birchfield
2015 ND 6 |
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Ratchenski v. Lindell, et al.
2015 ND 5 Highlight: Order denying parent's motion for parenting time summarily .affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Evans
2015 ND 4 Highlight: Criminal judgment for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Interest of M.S. (CONFIDENTIAL) (cross-ref w/ 20140304)
2015 ND 3 Highlight: Order modifying an alternate treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of E.L. (CONFIDENTIAL)
2015 ND 2 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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State v. Brossart (CONSOLIDATED W/ 20140027)
2015 ND 1
Highlight: The First Amendment precludes states from enacting laws "abridging the freedom of speech," but not all speech is protected, and speech that is a "true threat" may be restricted. |
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Guardianship and Conservatorship of J.G.S.
2014 ND 239
Highlight: A conservatorship is designed to protect the property of a person who is under disability and, as such, unable to maintain his or her property. |
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Chornuk, et al. v. Nelson, et al. (cross-ref. w/20120071)
2014 ND 238
Highlight: A party who pays a judgment against him under coercion or duress does not waive the right to appeal from the judgment. |
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Estate of Pedro
2014 ND 237
Highlight: Under the probate code, a personal representative has certain duties regarding the inventory and appraisement and, when appropriate, to provide a supplementary inventory. |
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Across Big Sky Flow Testing, LLC v. WSI, et al.
2014 ND 236 Highlight: For a workers compensation claim, where expert medical testimony is desirable, if not essential, to determining causation, an ALJ may not reject competent medical testimony without adequate explanation. |
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Grossman v. Lerud
2014 ND 235 Highlight: For imputation of income to an underemployed obligor under the child support guidelines, a court may consider only the North Dakota statewide average earnings of an occupation, and an obligor may dispute that employment opportunities are available within one hundred miles of the obligor's actual place of residence. |
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McCarthy v. McCarthy
2014 ND 234 Highlight: In a divorce, a property division need not be equal to be equitable, but a substantial disparity must be explained. |
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Sorum v. Dalrymple, et al.
2014 ND 233 Highlight: All provisions of election law are mandatory if enforcement is sought prior to an election, and directory in support of the result after an election unless of a character to effect an obstruction to the free and intelligent casting of the vote, or to the ascertainment of the result, or unless the provisions affect an essential element of the election. |
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Deeth v. N.D. Dep't of Transportation
2014 ND 232
Highlight: If a person's driver's license is revoked for refusing to submit to an alcohol test, the only facts that must be proven are those that establish probable cause to believe the offense has been committed, arrest for the offense, and refusal of the test after the implied consent advisory. |