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.
1801 - 1850 of 12359 results
|
State v. Smith
2019 ND 239
Highlight: A defendant’s failure to object at trial to character evidence or evidence of alleged prior bad acts under N.D.R.Ev. 404 forfeits the claim of error. |
|
State v. Gray
2019 ND 238 Highlight: District court judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Whetsel v. State
2019 ND 237 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). |
|
State v. Vogt
2019 ND 236
Highlight: A defendant seeking post-conviction relief cannot circumvent the Uniform Postconviction Procedure Act by designating his application for post-conviction relief as a motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing an application for post-conviction relief. |
|
Interest of G.D-M. (CONFIDENTIAL) (consol. w/ 20190233)
2019 ND 235 Highlight: Orders terminating father’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
Cichos, et al. v. Dakota Eye Institute, P.C., et al.
2019 ND 234 Highlight: For public policy reasons, there is no third-party duty owed by a physician to warn a patient of the danger of driving with a latent condition. A purely economic claim against a physician based on indemnity for medical malpractice is assignable from a patient to a third party who was injured as a result of the malpractice. Under N.D.C.C. § 28-01-46, an affidavit has a low threshold to meet the requirements. |
|
Franciere v. City of Mandan (Cross-referenced)
2019 ND 233 Highlight: A district court must rule on a motion to dismiss for insufficiency of service and lack of personal jurisdiction before adjudicating the merits of a claim. |
|
Interest of Hoff
2019 ND 232 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Alvarado v. N.D. Dept. of Transportation
2019 ND 231 Highlight: Without a valid request for testing, including a valid advisory, there can be no refusal to submit to testing under N.D.C.C. §§ 39-20-01(3)(a) or 39-08-01(2). |
|
Larson, et al. v. Tonneson, et al.
2019 ND 230
Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable. |
|
State v. Greenshields
2019 ND 229 Highlight: When the dismissal of a criminal count or entire complaint is silent whether it is with or without prejudice, it is ambiguous and examination of the parties and the district court’s intent is required. |
|
Pennington, et al. v. Continental Resources, Inc.
2019 ND 228
Highlight: Oil and gas leases are interpreted as a whole to give effect to every part if reasonably practicable. |
|
State v. Johns
2019 ND 227 Highlight: A completed deferred imposition of sentence that has resulted in dismissal of the charge involving a prior conviction under N.D.C.C. title 19-03.4 can not be used to enhance a subsequent charge of unlawful possession of drug paraphernalia. |
|
Plains Trucking, LLC v. Cresap, et al.
2019 ND 226
Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. |
|
Plains Trucking, LLC v. Hagar, et al.
2019 ND 226
Highlight: The supreme court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. |
|
Baker v. Baker
2019 ND 225
Highlight: On a motion to modify primary residential responsibility, a district court must accept the truth of the moving party’s allegations unless an opposing affidavit conclusively establishes the movant’s allegations have no credibility. |
|
City of Bismarck v. Vagts
2019 ND 224
Highlight: A law enforcement officer’s approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person do something, and does not demand a response. |
|
Kalmio v. State
2019 ND 223
Highlight: Whether a petitioner received ineffective assistance of counsel is a mixed question of law and fact and is fully reviewable on appeal. Under N.D.R.Civ.P. 52(a), the district court’s findings of fact will not be disturbed on appeal unless clearly erroneous. |
|
State v. Hoehn
2019 ND 222 Highlight: For a defendant to qualify as a dangerous special offender, the prior and current offenses must be similar. To determine whether two offenses are similar, the court must compare the elements of the two statutes and may also compare the conduct underlying the two offenses. If neither the elements nor the facts of the prior offense are similar to those of the current offense, the defendant does not qualify as a dangerous special offender. |
|
Nelson, et al. v. Nelson, et al.
2019 ND 221
Highlight: A district court has broad discretion to impose sanctions for discovery abuses, including striking pleadings or dismissing claims. |
|
WSI v. Taylor, et al.
2019 ND 220
Highlight: Courts must construe statutes to give meaning to them in their entirety if possible. |
|
North Dakota Private Investigative and Security Board v. TigerSwan, LLC, et al.
2019 ND 219
Highlight: A district court’s denial of a request for additional time for discovery will not be overturned on appeal unless the court abused its discretion. |
|
State v. Kenny
2019 ND 218
Highlight: The constitutionality of a statute is a question of law, and the statute will be upheld unless its challenger can demonstrate the statute’s unconstitutionality. The doctrine of overbreadth prohibits a law from criminalizing constitutionally protected activity. |
|
In re Anderson
2019 ND 217
Highlight: The Court answers a certified question from the Federal Bankruptcy Court regarding the application of the homestead exemption as applied to property held in joint tenancy by debtor and nondebtor spouse. |
|
State v. Casson
2019 ND 216 Highlight: Although a law enforcement officer’s encounter with the occupant of a vehicle and indication that a K-9 unit would be called to “sniff” the vehicle was a seizure, the intrusion of the occupant’s Fourth Amendment rights was warranted and scope of the intrusion was reasonably related to the circumstances which justified the intrusion. |
|
State v. Poulor
2019 ND 215
Highlight: The admission into evidence of a witness’s out-of-court testimonial statements does not violate the Confrontation Clause if a defendant has an opportunity to cross-examine a witness at trial. |
|
Chase v. State
2019 ND 214
Highlight: Applicant alleging ineffective assistance of post-conviction counsel cannot circumvent the Uniform Postconviction Procedure Act’s bar on challenging post-conviction counsel’s representation by making his allegations in a motion rather than an application for post-conviction relief. |
|
Disciplinary Board v. Bolinske (consolidated with 20190110)
2019 ND 213
Highlight: A lawyer is publicly reprimanded, ordered to pay partial costs of the disciplinary proceedings, and ordered to refund money to a client for violating N.D.R. Prof. Conduct 1.16(e). |
|
Chambering New District Judgeship in the SCJD
2019 ND 212 Highlight: New judgeship No. 10 in the South Centeral Judicial District is chambered in Mandan. |
|
Zuo v. Wang
2019 ND 211
Highlight: A district court has wide discretion to admit or exclude evidence at trial. |
|
Kovalevich v. State (Consolidated w/ 20190025)
2019 ND 210 Highlight: To prevail on a motion for a new trial on the grounds of newly discovered evidence, a defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant’s lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal. |
|
Matter of Reciprocal Discipline of Scher
2019 ND 209 Highlight: Lawyer disbarred. |
|
Matter of Reciprocal Discipline of Rosso
2019 ND 208 Highlight: Lawyer suspended. |
|
SWMO, LLC v. Eagle Rigid Spans Inc., et al.
2019 ND 207
Highlight: On a motion for summary judgment, a court may not weigh the evidence, determine credibility or attempt to discern the truth of the matter. |
|
State v. Morales
2019 ND 206
Highlight: Denial of the Sixth Amendment right to a public trial without having considered the Waller factors is a structural error. When examining the scope of closure of a trial, special awareness should be given to whether both the public and jury must be excluded, or only the jury, and the scope should be adjusted accordingly. |
|
Rodenburg Law Firm v. Sira, et al.
2019 ND 205
Highlight: The elements of an abuse-of-process claim are an ulterior purpose and a willful act in the use of process not proper in the regular conduct of the proceeding. |
|
State v. Nelson
2019 ND 204 Highlight: A completed deferred imposition of sentence that has resulted in the dismissal of the charges may not be used to enhance a sentence. |
|
State v. Dockter
2019 ND 203
Highlight: Issues not raised in the district court cannot be raised for the first time on appeal unless they rise to the level of obvious error. |
|
Wachter Development, Inc. v. Martin, et al.
2019 ND 202
Highlight: A landowner may sell land subject to restrictive covenants so long as they are not contrary to public policy. |
|
Robinson v. WSI
2019 ND 201
Highlight: Service of an administrative order under N.D.C.C. § 65-04-32(3) is not “service of process” requiring service under N.D.R.Civ.P. 4 because “process” is a term of art that applies differently to judicial proceedings and administrative proceedings. |
|
Great West Casualty Company v. Butler Machinery Company
2019 ND 200
Highlight: A motion to dismiss for failure to state a claim is based on pleadings, and if matters outside the pleadings are presented to and not excluded by the district court, motion must be treated as a motion for summary judgment. |
|
Facio v. N.D. Dep't of Transportation
2019 ND 199
Highlight: An officer conducting an investigatory traffic stop must have a reasonable and articulable suspicion the motorist has violated or is violating the law. |
|
WSI v. Sandberg, et al.
2019 ND 198
Highlight: Pain is a symptom and may be considered in determining whether there is a substantial acceleration or substantial worsening of a preexisting injury, disease, or other condition, but pain alone is not a substantial acceleration or substantial worsening. |
|
Munson v. Indigo Acquisition Holdings, LLC, et al.
2019 ND 197
Highlight: A Stock Purchase Agreement submitted with the defendant’s answer qualifies as a “record” of a transaction under N.D.C.C. § 10-04-06(11). |
|
Estate of Hall
2019 ND 196
Highlight: The surviving spouse of a decedent may claim an elective share of the decedent’s testate or intestate estate. |
|
Smithberg v. Smithberg, et al.
2019 ND 195
Highlight: Courts do not strive to find irreconcilable conflicts between statutory provisions. |
|
State v. Thomas
2019 ND 194
Highlight: Granting a mistrial is an extreme remedy and should only be resorted to when a fundamental defect or occurrence in the trial proceedings exists that makes it evident that further proceedings would be productive of manifest injustice. |
|
Newfield Exploration Company, et al. v. State, et al.
2019 ND 193
Highlight: District court erred in its interpretation of an oil and gas lease. |
|
State v. Blaskowski
2019 ND 192 Highlight: A chemical breath test was not “fairly administered” under N.D.C.C. § 39-20-07 because evidence failed to establish compliance with the approved method for conducting the test. |
|
State v. Norton
2019 ND 191
Highlight: The district court did not err by failing to require the State to name a specific individual who was threatened to establish a prima facie case of terrorizing. |