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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.

3221 - 3230 of 12446 results

Estate of Pedro 2014 ND 237
Docket No.: 20140074
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Under the probate code, a personal representative has certain duties regarding the inventory and appraisement and, when appropriate, to provide a supplementary inventory.
An "interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person.
A claim for relief is frivolous under N.D.C.C. 28-26-01(2) only if there is such a complete absence of actual facts or law that a reasonable person could not have expected a court would render a judgment in that person's favor.

Across Big Sky Flow Testing, LLC v. WSI, et al. 2014 ND 236
Docket No.: 20140193
Filing Date: 12/18/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

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.

Grossman v. Lerud 2014 ND 235
Docket No.: 20140182
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

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.

McCarthy v. McCarthy 2014 ND 234
Docket No.: 20140044
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In a divorce, a property division need not be equal to be equitable, but a substantial disparity must be explained.

Sorum v. Dalrymple, et al. 2014 ND 233
Docket No.: 20140194
Filing Date: 12/18/2014
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

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.

Deeth v. N.D. Dep't of Transportation 2014 ND 232
Docket No.: 20140161
Filing Date: 12/18/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

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.
"Reasonable grounds to believe an offense has been committed" is synonymous with "probable cause."

Deckert v. McCormick, et al. 2014 ND 231
Docket No.: 20140151
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: To obtain an enforceable right to the property under an option, the optionee must exercise the option within the time and upon the terms and conditions provided in the option agreement.
If no consideration is given for an option to purchase real estate, the option may be withdrawn at any time before acceptance.

State v. Horn 2014 ND 230
Docket No.: 20140093
Filing Date: 12/18/2014
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: Even if a party has raised an unsuccessful challenge in a pretrial motion, in order to preserve the issue for appeal, the party must renew the objection when the evidence is offered at trial.
A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the fact-finder to find the defendant guilty beyond a reasonable doubt.

Frey v. Frey (cross-reference w/20120378) 2014 ND 229
Docket No.: 20140086
Filing Date: 12/18/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court's denial of a motion to modify primary residential responsibility will be affirmed, unless clearly erroneous.
A district court's decision of whether to award back interim child support is discretionary.
A district court may consider the significant impact military deployments have on the best interests of the child, among other factors.

State v. Brandborg 2014 ND 228
Docket No.: 20140141
Filing Date: 12/18/2014
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: Hunting on posted land without permission in violation of N.D.C.C. 20.1-01-18 is a strict liability offense.

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