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 12382 results
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Laufer v. Doe
2020 ND 159 Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18. |
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State v. Metz
2020 ND 158 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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State v. Banyee (consolidated w/ 20190281)
2020 ND 157 Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Harrison v. State
2020 ND 156 Highlight: A district court 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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State v. Helm
2020 ND 155 Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court. |
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City of Jamestown v. Schultz
2020 ND 154 Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test. |
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Norby v. Hinesley, et al.
2020 ND 153
Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous. |
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Holter v. City of Mandan
2020 ND 152
Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property. |
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State v. Harstad
2020 ND 151 Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct. |
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Zundel v. Zundel, et al.
2020 ND 150
Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous. |
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State v. Kuntz
2020 ND 149 Highlight: A district court’s order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Wisnewski v. Wisnewski
2020 ND 148
Highlight: The domestic violence presumption under N.D.C.C. § 14-09-29(2) is only rebutted by clear and convincing evidence. |
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Lavallie v. Jay, et al.
2020 ND 147
Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived. |
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Grove v. NDDOT
2020 ND 146
Highlight: When a party fails to raise an issue at an administrative hearing, the issue is normally precluded from review on appeal. We will reverse a district court’s decision when the basis of the decision was not raised in the administrative hearing. |
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Nat'l Parks Conservation Assn., et al. v. ND Dep't of Environmental Quality, et
2020 ND 145
Highlight: An agency’s reasonable interpretation of a regulation is entitled to deference, and an agency’s decision in complex or technical matters involving agency expertise is entitled to appreciable deference. |
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State v. Pouliot
2020 ND 144
Highlight: The 2019 amendment to N.D.C.C. § 39-20-01(3)(b) limits the scope of the exclusion of evidence “to proof of refusals” in an “administrative proceeding.” |
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Franciere v City of Mandan
2020 ND 143
Highlight: A judgment granting dismissal based on lack of personal jurisdiction due to insufficient service is modified to dismiss without prejudice, and affirmed as modified. |
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Truelove v. State
2020 ND 142 Highlight: A district court’s order denying an application for post-conviction relief after finding that counsel’s representation was not ineffective was not clearly erroneous. |
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Kalmio v. State
2020 ND 141 Highlight: Orders denying postconviction relief and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Dale Exploration, et al. v. Hiepler, et al.
2020 ND 140
Highlight: Under the law of the case doctrine, a party cannot relitigate issues on a second appeal which were resolved in the first appeal or which would have been resolved if they had been properly presented in the first appeal. |
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State v. Blake
2020 ND 139 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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Poole v. State
2020 ND 138 Highlight: A district court’s order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Stoneart OFS LLC, et al. v. WSI
2020 ND 137 Highlight: A district court judgment affirming an administrative law judge’s order is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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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. |