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.
1601 - 1650 of 12359 results
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State v. James
2020 ND 136
Highlight: The deprivation of the right to counsel is a structural error. This Court reviews an alleged denial of a defendant’s right to counsel de novo. |
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Brown v. Brown
2020 ND 135 Highlight: A “full hearing” under N.D.C.C. § 14-07.1-02(4) requires a petitioner to prove his or her petition through testimony, rather than affidavits alone. |
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Oien v. State
2020 ND 134 Highlight: The denial of a defendant’s application for post-conviction relief for misuse of process is affirmed pursuant to N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Bethancorth
2020 ND 133 Highlight: A criminal judgment for criminal trespass entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Kremer v. State
2020 ND 132
Highlight: To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution’s case, or there was a realistic potential for a lower sentence. A defendant’s subjective, self-serving statement that, with competent advice, he would have insisted on going to trial is insufficient to establish prejudice under Strickland in a plea bargain situation. |
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Avery v. Boysen
2020 ND 131
Highlight: A party seeking relief in motions for reconsideration and for new trial has the burden to affirmatively establish the district court abused its discretion denying the motions. |
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Nelson, et al. v. Nelson
2020 ND 130
Highlight: This Court will dismiss an appeal as moot if the issues become academic and there is no actual controversy left to be determined. |
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Matter of Emelia Hirsch Trust
2020 ND 129 Highlight: District court orders denying a motion to vacate and prohibiting a vexatious litigant from filing new or additional litigation are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Davies v. State (consolidated w/ 20190341 & 20190342)
2020 ND 128 Highlight: A district court judgment dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Mooney
2020 ND 127 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Rustad v. Baumgartner
2020 ND 126
Highlight: The “law of the case” doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms. |
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Estate of Sande
2020 ND 125
Highlight: Affirmative defenses must be pled or are waived. |
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State v. Powley (consolidated w/ 20190324)
2020 ND 124
Highlight: Warrantless search of a parolee’s cell phone was reasonable where the probationer was incarcerated for aggravated assault, the parolee’s conditions of parole included a search clause, and law enforcement officers had reasonable suspicion parolee’s cell phone contained communications between parolee and victim of aggravated assault. |
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State v. Selzler (consolidated w/ 20190357)
2020 ND 123 Highlight: A district court’s order granting a motion to suppress evidence subsequent to an invalid traffic stop of a vehicle is affirmed. |
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State v. Stenbak
2020 ND 122 Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. McGowen
2020 ND 121 Highlight: The district court did not abuse its discretion by granting a continuance. Evidence was sufficient to support guilty verdicts, and the district court did not err when it ordered the defendant to pay restitution for injuries caused by the defendant’s assaults. |
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State v. Washington
2020 ND 120 Highlight: A district court properly denied a motion to suppress by correctly applying the remedy for unlawful official conduct in a preventing-arrest case by permitting the defendant to raise the factual defense of unlawfulness. |
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State v. Soucy
2020 ND 119 Highlight: Judicial notice is governed by N.D.R.Ev. 201. A district court must take notice only if a party requests it and supplies the court with the necessary information. |
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State v. Yoney
2020 ND 118
Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party. The obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to errors waived through the doctrine of invited error. |
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Morales v. State
2020 ND 117 Highlight: Section 29-32.1-01, N.D.C.C., only permits a person who has been convicted of a crime to apply for post-conviction relief. When a criminal judgment has been reversed and remanded by this Court an individual has not been convicted of a crime and is not entitled to post-conviction relief. |
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Gerving v. Gerving, et al.
2020 ND 116 Highlight: In divorce cases, the district court must make an equitable property distribution. |
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Kling v. NDDOT
2020 ND 115 Highlight: A district court judgment affirming an administrative suspension of driving privileges for a period of 91 days is affirmed under N.D.R.App.P. 35.1(a)(7). |
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Axtman v. Axtman
2020 ND 114
Highlight: Under N.D.R.Civ.P. 60(a), a district court may amend a judgment to correct a mistake resulting from an oversight or omission that causes the judgment to fail to reflect the court’s intent. |
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Voigt v. Nelson
2020 ND 113
Highlight: Section 8.6, N.D.R.Ct., governs parenting investigators and incorporates the code of conduct. The code of conduct provides a parenting investigator should aggressively strive to achieve professional independence and objectivity. |
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Dellinger v. Wolf, et al.
2020 ND 112 Highlight: The Declaratory Judgment Act does not provide statutory authorization for immediate appeals of decisions concerning insurers’ duty to defend. |
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Thiel v. Thiel
2020 ND 111 Highlight: District court orders denying motions for continuance and for appointment of a parenting investigator and a divorce judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Sims v. Sims, et al.
2020 ND 110
Highlight: Extended parenting time with a fit non-custodial parent is routinely awarded if the child is old enough, absent a reason for denying it. |
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Horvath v. State
2020 ND 109 Highlight: A district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Traynor Law Firm v. State, et al.
2020 ND 108 Highlight: A district court judgment determining the State is responsible to pay attorney’s fees for removal of a county officer is affirmed and awarding interest at 6% per year is reversed. |
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Jacobs-Raak v. Raak, et al.
2020 ND 107
Highlight: Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable. |
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State v. Wayland
2020 ND 106 Highlight: Although the reason for the continuance is absent from the record, under de novo review a district court did not violate the Appellant’s right to a speedy trial by continuing the trial to a later date. |
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Albrecht v. Albrecht, et al.
2020 ND 105
Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint. |
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Arnold, et al. v. Trident Resources, et al.
2020 ND 104 Highlight: A district court’s order imposing sanctions for contempt did not provide a sufficient record to review the appropriateness of the sanction. |
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Decker v. WSI, et al.
2020 ND 103 Highlight: District court judgment affirming an administrative law judge’s decision denying further workers’ compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Hewitt v. NDDOT
2020 ND 102
Highlight: Copies of official Department of Transportation records may be certified as correct by Department employees who are not acting in a director capacity. |
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State v. Michel
2020 ND 101
Highlight: A district court’s response to a jury request for supplemental instructions is reviewed for an abuse of discretion. |
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Dodge v. State
2020 ND 100
Highlight: Whether a defendant is competent to plead guilty is a finding of fact. |
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New Freedom Center v. Job Service, et al.
2020 ND 99 Highlight: Judgment affirming Job Service North Dakota's allowance of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
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Brossart, et al. v. Janke, et al.
2020 ND 98
Highlight: Under N.D.C.C. § 28-20.1-03(2), the clerk of district court is required to mail notice of the filing of a foreign judgment to the judgment debtor. |
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State v. Kolstad
2020 ND 97
Highlight: The State may appeal from an order quashing an information or indictment. |
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Rath v. Rath
2020 ND 96 Highlight: District court orders denying a motion for contempt and a request to reconsider are affirmed under N.D.R.App.P. 35.1 (a)(1) and (4). |
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State v. Helmenstein
2020 ND 95
Highlight: Amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Darji
2020 ND 94 Highlight: A criminal judgment entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3). |
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C & K Consulting v. Ward County Board of Commissioners (consol w/ 20190313-
2020 ND 93 Highlight: The district court abused its discretion when it denied granting relief from a judgment dismissing a case as a sanction when the dismissal was based on a misapplication of the law. |
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Schwindt v. Sorel
2020 ND 92
Highlight: Other factors may cause a horizontal gaze nystagmus test to be unreliable, including physiological causes for nystagmus, but those factors go to the weight of the evidence and not its admissibility. |
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Kastet v. NDDOT
2020 ND 91 Highlight: A district court judgment reversing an administrative law judge’s order suspending driving privileges is reversed and remanded. |
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WSI v. Avila, et al.
2020 ND 90 Highlight: A district court judgment affirming an administrative law judge's order, which determined an individual is entitled to both the scheduled and whole body impairment award, is reversed and remanded under N.D.C.C. § 28-32-46, because it is not in accordance with the law. |
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Feltman, et al. v. Gaustad, et al.
2020 ND 89
Highlight: Elements of a legal malpractice claim are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of duty. |
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State v. Burow
2020 ND 88 Highlight: Conviction of class C felony simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Dahl
2020 ND 87 Highlight: The State’s motion to terminate a pretrial diversion agreement and resume prosecution must be made within one month after expiration of the period of suspension specified in the agreement. |