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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.

3241 - 3250 of 12403 results

State v. Grzeskowiak (cross reference w/20130396) 2014 ND 177
Docket No.: 20140126
Filing Date: 9/23/2014
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Denial of a motion for an extension of time to file an appeal of a criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Disciplinary Board v. Meidinger 2014 ND 176
Docket No.: 20140131
Filing Date: 9/18/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Western Horizons Living Centers v. Feland, et al. 2014 ND 175
Docket No.: 20140184
Filing Date: 9/2/2014
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: The Supreme Court exercises discretionary authority to issue supervisory writs rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alterative remedy exists.
Before compelling discovery, a district court must conduct an in camera review of information which, on its face, raises claims involving lawyer-client privilege or communications during settlement negotiations.

Lindsey v. State 2014 ND 174
Docket No.: 20140036
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: The affirmative defense of laches, when properly raised and supported, presents a question of fact and is inappropriate for a district court to decide on summary judgment.
When a post-conviction relief applicant seeks to withdraw a guilty plea, the district court looks to whether relief is necessary to correct a manifest injustice.

Olsen v. State 2014 ND 173
Docket No.: 20140009
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: When the law is unsettled, the failure to raise an issue is objectively reasonable and therefore not deficient performance for purposes of an ineffective assistance of counsel claim.

Interest of T.R.C. (CONFIDENTIAL) 2014 ND 172
Docket No.: 20140206
Filing Date: 8/28/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: An appellate court cannot properly review a decision if the trial court does not provide an adequate explanation of the basis for its decision.

Rath v. Rath (cross-ref. w/20130025, 20130184 & 20130327) 2014 ND 171
Docket No.: 20140012
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court's decision on whether a contempt has been committed and remedial sanctions are warranted lies within its sound discretion, which will not be overturned on appeal unless there is a clear abuse of discretion.
Due process requires a party receive adequate notice and a fair opportunity to be heard. A fair hearing requires reasonable notice or opportunity to know of the claims of opposing parties, and the opportunity to rebut those claims.

Krueger v. Grand Forks County 2014 ND 170
Docket No.: 20130372
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: When parties move to compel discovery, they are required to include certification that they have in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
A party has a duty to supplement its responses to interrogatories if the response is incomplete or incorrect, and supplemental responses must be made within a reasonable time before trial.

S.L.W. v. Huss 2014 ND 169
Docket No.: 20130425
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Under the hearsay exception for a child's statement about sexual abuse, if a child is unavailable as a witness there must be "corroborative evidence of the act which is the subject of the statement," in addition to guarantees of trustworthiness, for the statement to be admissible in a civil proceeding.

Disciplinary Board v. Kellington (Consolidated w/ 20140081) 2014 ND 168
Docket No.: 20140080
Filing Date: 8/28/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: After misconduct has been established, a hearing panel may, but is not required to consider mitigating factors when deciding what sanction to impose on a lawyer.
To revoke a lawyer's probation which has been implemented in a prior disciplinary proceeding, the violation must be proven by a preponderance of the evidence.

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