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.
3301 - 3400 of 12418 results
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Pokrzywinski v. N.D. Dep't of Transportation
2014 ND 131
Highlight: A report and notice form that includes the driver crashed, an odor of alcoholic beverage was detected, and the driver admitted consuming alcohol may be sufficient to support an officer's reasonable grounds to believe a driver operated a motor vehicle while under the influence of intoxicating liquor. |
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State v. Cone
2014 ND 130
Highlight: A district court has discretion in applying a remedy for a discovery violation, and a court's decision not to exclude evidence or impose another sanction does not constitute an abuse of discretion unless the defendant shows he was significantly prejudiced by the violation. |
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Herrman v. N.D. Dep't of Transportation
2014 ND 129
Highlight: Constitutional questions will not be decided on appeal if a dispute may be decided on other grounds. |
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C&C Plumbing and Heating, LLP v. Williams County, et al.
2014 ND 128
Highlight: If a party fails to plead and adequately brief unconscionability to the district court, the issue will not be considered on appeal. |
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Meier v. Meier
2014 ND 127 Highlight: A motion for relief from judgment must be made within a reasonable time. |
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Hale, et al. v. Ward County, et al. (cross-ref. w/20110171)
2014 ND 126
Highlight: A private person may maintain an action for a public nuisance if the public nuisance is specially injurious to that person or that person's property, but not otherwise. |
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Chisholm v. State
2014 ND 125
Highlight: A district court may summarily deny a meritless application for post-conviction relief if the claims in the application are facially invalid. |
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State v. Daniels
2014 ND 124
Highlight: The scope of consent is measured objectively by what a reasonable person would have understood by the exchange between the police and the suspect. |
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Tank v. Citation Oil & Gas Corp., et al.
2014 ND 123
Highlight: A Pugh clause in an oil and gas lease severs a lease where less than all of the leasehold is included in a single unit and allows the lease to expire on a portion of the leased property if certain conditions are met. |
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Devine v. Hennessee
2014 ND 122
Highlight: To properly determine an obligor's child support obligation, income must be sufficiently documented through the use of tax returns, current wage statements, and other information to fully apprise the court of all gross income. |
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Keltner v. Levi
2014 ND 121 Highlight: 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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Hinojosa v. State
2014 ND 120 Highlight: Appeal from denial of petition for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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McCoy v. N.D. Dep't of Transportation
2014 ND 119
Highlight: A law enforcement officer's administration of a breath test to determine alcohol consumption is a search. |
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Interest of J.M. (CONFIDENTIAL)(cross-ref. w/20050383, 20100398, 20120253)
2014 ND 118 Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Winarske v. State
2014 ND 117 Highlight: Order denying application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Frith v. WSI, et al.
2014 ND 116 Highlight: A district court judgment affirming an administrative law judge's order, which affirmed WSI's order denying benefits to a claimant, is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Medalen v. Medalen
2014 ND 114 Highlight: An amended judgment finding a party in contempt of court and ordering her to pay costs and expenses is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Thomas
2014 ND 113 Highlight: Criminal judgment entered on a jury verdict finding defendant guilty of arson and endangering by fire or explosion is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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IRET Properties v. Tano, et al.
2014 ND 112 Highlight: Order denying motion to vacate or set aside default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Francis v. Francis
2014 ND 111 Highlight: A domestic violence advocate is limited to participating in proceedings only to the extent provided for in N.D. Supreme Court Administrative Rule 34, section 5. |
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Disciplinary Board v. Lawler (Consol. w/ 20140054-20140062
2014 ND 110 Highlight: Lawyer disbarred. |
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State v. Brown
2014 ND 108 Highlight: Convictions for delivery of a controlled substance and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Schlieve v. Schlieve
2014 ND 107
Highlight: A court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis for the decision. |
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Schroeder v. Schroeder
2014 ND 106 Highlight: An evidentiary hearing for modification of primary residential responsibility is appropriate only if a prima facie case is established for both a material change in circumstances and modification is necessary to serve the best interests of the child. |
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State Farm Mutual Automobile Insurance Co. v. Gruebele, et al.
2014 ND 105 Highlight: Negligence imputed to a parent after signing his or her minor child's driver's license application sponsorship form does not automatically create coverage under the signing parent's insurance contract. |
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State v. Roe
2014 ND 104
Highlight: Generally, parties or their counsel may stipulate as to evidentiary matters such as the admission, exclusion or withdrawal of evidence, but stipulations that are clearly against public policy will not be validated. |
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Lehman v. State
2014 ND 103
Highlight: Generally, an application for post-conviction relief must be filed within two years of the date the conviction becomes final. |
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Datz v. Dosch (cross-reference w/ 20120167 & 20120435)
2014 ND 102
Highlight: The Supreme Court retains jurisdiction until the mandate is issued. |
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State v. Kalmio
2014 ND 101
Highlight: Standing objections must be sufficiently definite to preserve the issues for judicial review. |
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State v. Gates
2014 ND 99 Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Voisine v. State
2014 ND 98 Highlight: Appeal from denial of petition for postconviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State ex rel. Storbakken v. Scott's Electric
2014 ND 97
Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal. |
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State v. Simmons
2014 ND 96 Highlight: Order revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Kuruc (consolidated w/ 20130337)
2014 ND 95
Highlight: The independent-source doctrine allows the introduction of evidence that was initially discovered during, or as a result of an unlawful search, but that was later obtained independently from lawful activities that have not been tainted by the initial illegality. |
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Tharaldson Ethanol Plant I, LLC, et al. v. VEI Global, Inc.
2014 ND 94
Highlight: Certification under N.D.R.Civ.P. 54(b) should rarely be granted and is reserved for cases involving unusual circumstances in which failure to allow an immediate appeal would create a demonstrated prejudice or hardship. |
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Frith v. WSI, et al.
2014 ND 93 Highlight: A district court does not consider additional evidence on an appeal from an administrative agency decision and may only remand to the agency for the agency to consider the evidence. |
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Kost v. Kraft (cross-reference w/ 20100159)
2014 ND 92 Highlight: There is no right to a jury trial in an equitable proceeding absent express constitutional or statutory authorization. |
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State v. Scheett
2014 ND 91 Highlight: Officer safety is a recognized exception to the warrant requirement. |
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Norberg v. Norberg
2014 ND 90
Highlight: A vested child support obligation cannot be retroactively modified, and a court modifies a child support order when it forgives past-due child support obligations. |
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Interest of Thill
2014 ND 89
Highlight: To deny a petition for discharge from treatment as a sexually dangerous individual, the State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual and has serious difficulty controlling his or her behavior. |
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In re S.B., et al.
2014 ND 87
Highlight: When a parent decides to restrict visitation with a grandparent, that decision is presumed to be in the child's best interests. |
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State v. Juntunen
2014 ND 86 Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision. |
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Gasic v. Bosworth, et al.
2014 ND 85
Highlight: The right to appeal is jurisdictional, and the appealability of a judgment may be considered even when neither party has questioned appealability. |
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Murphy v. State
2014 ND 84 Highlight: An application for postconviction relief, with a few exceptions, must be filed within two years of the date the conviction becomes final. |
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Kulbacki v. Michael
2014 ND 83
Highlight: A grandparent's proceeding for visitation must provide notice of the grandparent's request for visitation and an opportunity to respond. |
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Matter of G.K.G. (Confidential)
2014 ND 82
Highlight: For proceedings brought under N.D.C.C. ch. 27-20 for termination of parental rights, a district court is the same as a juvenile court for purposes of subject matter jurisdiction. |
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WSI v. Larry's On Site Welding, et al.
2014 ND 81
Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law. |
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Riemers v. Hill, et al.
2014 ND 80
Highlight: Unless certified as final under N.D.R.Civ.P. 54(b), a judgment which leaves a counterclaim undecided is not final or appealable. |
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Whedbee v. WSI, et al.
2014 ND 79
Highlight: A managed care program for an employee with a compensable injury should effect the best medical solution for the injured employee in a cost-effective manner. |
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Palmer v. State
2014 ND 78 Highlight: District court order summarily dismissing application for post-conviction relief summarily affirmed under N.D.R.Civ.P. 35.1(a)(4) and (6). |
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Vacancy in Judgeship No. 2, SEJD
2014 ND 77 Highlight: Judgeship retained at Valley City. |
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Heidt v. Heidt
2014 ND 76 Highlight: Amended divorce judgment denying spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Thrasher
2014 ND 75 Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Knorr, et al. v. Norberg, et al.
2014 ND 74
Highlight: A long-term lease with an option to purchase real property ordinarily requires a signed written agreement. |
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Matter of D.J.D. (CONFIDENTIAL)
2014 ND 73 Highlight: Order terminating parental rights and granting petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Finstad, et al. v. Gord, et al.
2014 ND 72
Highlight: Extrinsic evidence is inadmissible to vary the terms of an unambiguous quitclaim deed which has been delivered and recorded. |
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Stenehjem, ex rel. v. National Audubon Society, Inc.
2014 ND 71
Highlight: Laches, as an affirmative defense, may in limited circumstances be applied against the government. Whether laches applies against the government is determined on a case-by-case basis with a careful weighing of the inequities that would result if the doctrine is not applied versus the public interest at stake and the resulting harm to the public interest if laches is applied. |
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Lind v. Lind
2014 ND 70
Highlight: The party seeking modification of spousal support bears the burden of proving there has been a material change in the financial circumstances warranting a change in the amount of support. |
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Law v. Whittet, et al.
2014 ND 69
Highlight: Although not required to make a separate finding on each best interest factor or to address each minute detail presented in the evidence when determining primary residential responsibility, the district court may not wholly ignore and fail to acknowledge or explain significant evidence clearly favoring one party. |
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Topolski v. Topolski
2014 ND 68
Highlight: A district court has substantial discretion in deciding primary residential responsibility, but the court must consider all of the applicable best interest factors. |
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JPMorgan Chase Bank v. Skoda, et al.
2014 ND 67
Highlight: All relevant facts are admitted when a party fails to respond to a request for admissions. |
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Erickson v. Olsen, et al.
2014 ND 66 Highlight: A district court's determinations regarding mental capacity and undue influence are questions of fact subject to the clearly erroneous standard of review. |
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State v. Zeller
2014 ND 65
Highlight: When a warrant application seeks authorization for a nighttime search, an additional showing of probable cause is required for the nighttime authorization. |
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Estate of Wicklund (cross-reference w/20110081)
2014 ND 64
Highlight: A personal representative may be reimbursed for payment of a decedent's funeral and last illness expenses. |
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Interest of Hoff (cross-ref. w/20120248 & 20130216)
2014 ND 63 Highlight: The district court must make findings on each element of the sexually dangerous individual analysis, including the consideration of whether an individual has difficulty controlling his behavior. |
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Disciplinary Board v. Overboe (Consol. w/ 20130304-20130306)
2014 ND 62
Highlight: A long delay between a petition for discipline and the disciplinary hearing must destroy the fundamental fairness of the entire disciplinary process to warrant dismissal of the disciplinary case. |
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Anderson v. Lyons, et al.
2014 ND 61
Highlight: Service of notice of entry of judgment is not required to begin the time for filing a post-judgment motion or appeal if the record clearly evidences actual knowledge of entry of judgment through affirmative action of the moving or appealing party. |
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Risovi v. Job Service
2014 ND 60 Highlight: A fact finder's conclusions that false statements were made for the purpose of obtaining unemployment benefits are affirmed if a reasoning mind could have determined that the factual conclusions were proved by the weight of the evidence. |
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State v. Johnson (cross ref. w/20130137 - briefs not published)
2014 ND 59 Highlight: Criminal judgment entered after a defendant conditionally pled guilty to possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Silva
2014 ND 58 Highlight: Convictions of gross sexual imposition and continuous sexual abuse of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Holkesvig v. Grove (cross reference w/ 20120169 & 20120225)
2014 ND 57
Highlight: Res judicata and collateral estoppel bar courts from relitigating claims and issues. |
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Regan v. Lervold
2014 ND 56
Highlight: The party moving for modification of primary residential responsibility has the burden of proving a material change in circumstances has occurred. |
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Vacancy in Judgeship No. 8, SCJD
2014 ND 55 Highlight: Supreme Court takes judicial notice of prior proceeding and orders judgeship retained and filled according to law. |
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Vacancy in Judgeship No. 4, NCJD
2014 ND 54 Highlight: Judgeship retained in Minot. |
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Hector v. City of Fargo
2014 ND 53
Highlight: An appeal from a decision imposing special assessments provides an adequate legal remedy for challenging special assessments, and a separate action for equitable relief generally will not lie for issues that are raised or could have been raised in the appeal. |
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Union Bank v. Tarnavsky, et al. (consol. w/20130387; cross-ref. w/ 20110061)
2014 ND 52 Highlight: Orders denying motions for relief under N.D.R.Civ.P. 60(d)(1) and a judgment dismissing a cross-claim in a foreclosure case are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Haugland v. City of Bismarck (cross ref. 20110077)
2014 ND 51
Highlight: Summary judgment is inappropriate when one can draw reasonable inferences that support the positions of both sides in a controversy and a fact-finder could draw negative inferences from the absence of documentation or records in a case. |
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Judicial Conduct Commission v. Corwin
2014 ND 50
Highlight: In a judicial disciplinary proceeding, whether a judge's conduct constituted sexual harassment as defined under federal or state laws is not a relevant inquiry. |
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Rodriguez v. N.D. State Penitentiary, et al.
2014 ND 49 Highlight: An appeal regarding calculation of eligibility for parole becomes moot when the defendant becomes eligible for parole. |
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Potratz v. N.D. Dep't of Transportation
2014 ND 48
Highlight: Repeating the inclusion of the date within the test result portion of an officer's certified report to the Department is not necessary to satisfy the statute. |
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Fossum v. N.D. Dep't of Transportation
2014 ND 47 Highlight: When a person voluntarily consents to to testing, it is unnecessary to arrest and inform an individual of the reasons for arrest prior to chemical testing under the implied consent. |
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State v. Vandermeer
2014 ND 46
Highlight: As an exception to the hearsay rule, a person may testify as to his or her age and date of birth. |
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Vandal v. Leno
2014 ND 45
Highlight: In deciding a primary residential responsibility, the district court must consider all the best interest of the child factors. A separate finding for each factor is not required, but the findings must be sufficiently specific to show the factual basis for the decision. |
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Disciplinary Board v. Howe
2014 ND 44 Highlight: The Supreme Court may exercise jurisdiction over disciplinary matters arising from federal immigration proceedings involving a North Dakota lawyer. |
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State v. Benson
2014 ND 43 Highlight: Conviction of continuous sexual abuse of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Coppage v. State (cross reference w/20070304, 20110076, & 20120267)
2014 ND 42
Highlight: Attempted murder under circumstances manifesting an extreme indifference to the value of human life is not a cognizable offense. |
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Osier v. State
2014 ND 41 Highlight: To meet the prejudice prong of the Strickland ineffective assistance of counsel test, the defendant bears the heavy burden of establishing a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. |
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Peterson, et al. v. Jasmanka, et al.
2014 ND 40
Highlight: The statutory procedure in N.D.C.C. ch. 38-18.1 allowing a surface owner to acquire abandoned minerals is a separate, distinct procedure from a subsequent quiet title action. |
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Nodak Mutual Insurance Co. v. Bahr-Renner, et al.
2014 ND 39
Highlight: The phrase "resident of your household" in an automobile insurance policy is not ambiguous, and the determination of whether a person falls within the meaning of the phrase is a question of fact. |
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Zavadil, et al. v. Rud, et al.
2014 ND 38 Highlight: An accommodation party is obliged to pay an instrument in the capacity in which the accommodation party signs. |
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Balvitsch, et al. v. Dakota Burger N Fries Corp., et al.
2014 ND 37
Highlight: Due process requires a contemnor receive notice and a fair hearing when the alleged contempt involves conduct outside the court's presence. |
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Tweed v. State
2014 ND 36 Highlight: Appeal from denial of application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Shaft
2014 ND 35 Highlight: Lawyer suspension ordered. |
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Anderson, et al. v. Zimbelman, et al.
2014 ND 34
Highlight: Constructive fraud requires a breach of duty leading to an advantage for the party misleading. The breach of duty generally arises from a confidential or fiduciary relationship between the parties. |
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Judicial Conduct Commission v. Hagar
2014 ND 33 Highlight: A judge may be suspended without pay for a violation of the Code of Judicial Conduct. |
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Interest of G.R. (Confidential)
2014 ND 32
Highlight: In termination of parental rights cases, the petitioner must prove, by clear and convincing evidence, that the child is deprived, the conditions and causes of deprivation are likely to continue or will not be remedied, and the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm. |
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Matter of Mangelsen
2014 ND 31 Highlight: For civil commitment as a sexually dangerous individual, the conduct relied upon to demonstrate the individual's serious difficulty controlling his behavior need not be sexual in nature. |
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State v. Reis (consol. w/ 20130193 & 20130194)
2014 ND 30
Highlight: A police officer may search a vehicle without a warrant if there is probable cause to believe the vehicle contains contraband. |
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Estate of Huston
2014 ND 29
Highlight: An order denying a petition to remove a personal representative in the unsupervised probate of an estate is appealable without a certification under N.D.R.Civ.P. 54(b). |
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Interest of R.L.-P. (consolidated w/ 20130383-20130386 & 20130388)
2014 ND 28
Highlight: Parental rights may be terminated when the children are deprived and have been in foster care more than 450 out of the previous 660 nights. |