Opinions
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3701 - 3800 of 12382 results
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Carlson v. Workforce Safety & Insurance, et al. (Cross-reference w/20080250)
2012 ND 203
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. |
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Tarnavsky v. Tarnavsky, et al. (cross-reference w/20020292, 20050457, 20070161)
2012 ND 202 Highlight: Civil judgment denying an applicant's petition for an emergency temporary restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Wheeler v. Southport Seven Planned Unit Dev., et al.
2012 ND 201
Highlight: The creation of a planned unit development ("PUD") is a legislative act, and PUD provisions are zoning ordinances. Restrictive covenants and zoning ordinances are tools used to restrict the use of real property. |
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Interest of B.K. (CONFIDENTIAL)
2012 ND 200 Highlight: Mental health commitment summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Kohanowski v. Burkhardt
2012 ND 199
Highlight: An oral agreement to pay money in installments for a period longer than one year, and which does not include express terms governing prepayment, is barred by the statute of frauds. |
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State v. Gagnon
2012 ND 198
Highlight: Plain view alone is never enough to justify the warrantless search or seizure of evidence. |
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Martire' v. Martire'
2012 ND 197
Highlight: A parent who willfully alienates a child from the other parent may not be awarded custody based on that alienation. |
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Bank of North Dakota v. Brown, et al.
2012 ND 196 Highlight: A judgment granting foreclosure is summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6) and (7). |
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Frazer v. WSI, et al.
2012 ND 195 Highlight: District court judgment affirming an order of Workforce Safety and Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Delage
2012 ND 194 Highlight: Criminal judgment after a jury found a defendant guilty of two counts of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Application of Covert
2012 ND 193 Highlight: Civil judgment denying an applicant's petition for name change is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Matter of Quilt (cross reference w/20100397)
2012 ND 192 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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Matter of Hehn (cross-reference 20110053)
2012 ND 191 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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State v. VanDyke
2012 ND 190 Highlight: Criminal judgment for gross sexual imposition is affirmed under N.D.R.App.P. 35.1(a)(3). |
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Everett v. State
2012 ND 189 Highlight: District court order summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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CitiMortgage, Inc. v. Adolph, et al.
2012 ND 188 Highlight: District court order granting foreclosure on mortgaged property is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Disciplinary Board v. Jensen
2012 ND 187 Highlight: Lawyer suspension ordered. |
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George v. Veeder
2012 ND 186
Highlight: The term "minerals" as used in reservation language in a warranty deed does not include gravel, clay, or scoria. |
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Ennis v. N.D. Dep't of Human Services
2012 ND 185 Highlight: For eligibility for food stamps, self-employment income is generally to be determined on the basis of an averaging of prior income, but self-employment income must be calculated on the basis of anticipated rather than prior earnings if the averaged amount does not accurately reflect the household's actual circumstances because the household has experienced a substantial increase or decrease in business. |
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Forsman v. Blues Brews and Bar-B-Ques Inc., et al.
2012 ND 184
Highlight: Persons injured by an obviously intoxicated person may bring a dram shop action against any person who knowingly provides alcoholic beverages to the obviously intoxicated person. |
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Dahly v. Anderson
2012 ND 183
Highlight: The caregiver child exemption under 42 U.S.C. 1396p(c)(2)(A)(iv) provides that the transfer of a parent's home to a child who provided live-in care to the parent for at least two years, which allowed the parent to reside at home rather than in a nursing care facility, is not a disqualifying transfer under federal Medicaid law. |
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Nuveen v. Nuveen
2012 ND 182
Highlight: A motion for an extension of time to file a notice of appeal based upon excusable neglect is addressed to the sound discretion of the district court, and its decision will not be set aside on appeal absent an abuse of discretion. |
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State v. Middleton
2012 ND 181 Highlight: If a party moves for a new trial, the party is limited on appeal to the grounds presented to the district court in the motion. |
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Waldock v. Amber Harvest Corp., et al.
2012 ND 180
Highlight: If a grantor does not own a large enough mineral interest to satisfy both a grant and a reservation of the mineral interest, the grant must be satisfied first because the grant is superior to the reservation. |
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Seay v. Seay
2012 ND 179
Highlight: A divorce judgment provision requiring a child support and spousal support obligor to obtain and maintain a life insurance policy on himself as security for his future support obligations is not an improper upward deviation from the child support guidelines. |
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Nichols, et al. v. Goughnour, et al.
2012 ND 178
Highlight: Instruments executed at the same time, by the same parties, in the course of the same transaction, and concerning the same subject matter, may be read and construed together. |
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Disciplinary Board v. Hoffman (Cross-Reference w/ 20030141 & 20030142)
2012 ND 177 Highlight: Lawyer disbarment ordered. |
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State v. $44,140 U.S. Currency, et al.
2012 ND 176
Highlight: A presumption of forfeiture for currency furnished in exchange for a controlled substance exists if there is a reasonable basis to believe there is a connection between the property and enumerated drug offenses and the property was acquired when the person who acquired the property was engaged in the drug offense and there is no likely source for the property other than the drug offense. |
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Fines, et al. v. Ressler Enterprises, Inc., et al.
2012 ND 175 Highlight: A district court may exercise its inherent power to sanction for the spoliation of evidence after considering: the culpability of the party against whom sanctions are sought; the prejudice to the moving party, and the degree of the prejudice; and the availability of less severe alternative sanctions. |
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Disciplinary Board v. Feland
2012 ND 174
Highlight: A prosecutor's ethical duty to disclose all exculpatory evidence to the defense under N.D.R. Prof. Conduct 3.8(d) is broader than the duties imposed by N.D.R.Crim.P. 16 and Brady v. Maryland, and does not vary depending upon the strength of the other evidence in the case. |
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City of Mandan, et al. v. Strata Corp., et al.
2012 ND 173 Highlight: Certification under N.D.R.Civ.P. 54(b) is inappropriate when further developments in the trial court may moot the issue raised on appeal. |
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Clausnitzer v. Tesoro Refining and Marketing Co.
2012 ND 172
Highlight: To establish a prima facie case of lawful activity discrimination under the Human Rights Act, the plaintiff must raise a genuine issue of material fact that he participated in lawful activity off the employer's premises during nonworking hours which was not in direct conflict with the essential business-related interests of the employer. |
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Heier v. N.D. Department of Corrections and Rehabilitation
2012 ND 171 Highlight: An agency may not punish an employee multiple times for one instance of misconduct. |
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Bakke v. D&A Landscaping Co., et al.
2012 ND 170
Highlight: A precursor to piercing a limited liability company owner's liability shield is that the company be liable to the claimant in the first instance. |
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Burke v. State
2012 ND 169
Highlight: A person convicted of a crime may move for forensic DNA testing to demonstrate the person's actual innocence if the testing is to be performed on evidence secured in relation to the trial that resulted in the conviction and the evidence was not subje the testing because either the technology for the testing was not available at the time of the trial or the testing was not available as evidence at the time of the trial. |
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Matter of S.E. (Confidential)
2012 ND 168
Highlight: A trial court may not enter an order or judgment that affects the merits of issues properly on appeal. |
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Rudnick v. Rode
2012 ND 167
Highlight: The district court must comply with the procedural requirements in N.D.R.Ct. 8.2 when it issues an ex parte interim order, and it must find there are exceptional circumstances justifying the order based on evidence presented by affidavit. |
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Smestad v. Harris (cross-ref. with 20100216)
2012 ND 166
Highlight: Absent specific instructions from this Court, a district court deciding an issue on remand must exercise its discretion when determining the procedure to follow. |
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Falkenstein, et al. v. Dill, et al.
2012 ND 165
Highlight: The substance of a complaint is considered to determine whether the complaint sufficiently raised a claim. |
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Mickelson v. Workforce Safety and Insurance
2012 ND 164
Highlight: Injuries attributable to a preexisting injury, disease, or other condition are compensable under workers' compensation law when employment substantially accelerates the progression or substantially worsens the severity of the injury, disease, or other condition. |
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Schulte v. Kramer (cross-ref. 20050222)
2012 ND 163
Highlight: To justify a modification of spousal support, the moving party must demonstrate a material change in financial circumstances. A material change is one that substantially affects the financial abilities or needs of the parties and was not contemplated by the parties at the time the original divorce decree was entered. |
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Kruckenberg v. State
2012 ND 162
Highlight: Under N.D.R.Civ.P. 52(a) of the North Dakota Rules of Civil Procedure, in an action without a jury, the court must find the facts specially and state its conclusions of law separately. |
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Disciplinary Board v. Lawler
2012 ND 161 Highlight: Interim suspension of lawyer ordered. |
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Disciplinary Board v. Hann (CONSOLIDATED W/ 20110247 & 20110248)
2012 ND 160
Highlight: Disciplinary counsel must prove each alleged violation by clear and convincing evidence, which means the trier of fact must be reasonably satisfied with the facts the evidence tends to prove and thus be led to a firm belief or conviction. |
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Mackey v. State (cross-reference 20100377)
2012 ND 159
Highlight: A court need not personally address a defendant when establishing the factual basis for the defendant's guilty plea. |
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State v. Perales
2012 ND 158
Highlight: A defendant who violates a probation condition may be resentenced to any sentence available at the time of initial sentencing. |
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Kilber v. Grand Forks Public School District
2012 ND 157
Highlight: A school board may dismiss an individual as a teacher before the expiration of the individual's contract for certain statutorily specified causes, including insubordination and conduct unbecoming the position held by the individual. |
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State v. Lutz
2012 ND 156
Highlight: N.D.R.Ev. 707, which must be interpreted with N.D.C.C. 39-20-07, requires the State to produce at trial the person who drew the defendant's blood sample. |
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Knudson v. Kyllo
2012 ND 155
Highlight: Copartners owe a duty of loyalty to each other and have a right to expect from their partners full, fair, open and honest disclosure of everything affecting the partnership. |
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State v. Pavlicek
2012 ND 154
Highlight: In sufficiency of the evidence challenges, the appellate court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. |
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Interest of A.W. (CONFIDENTIAL)
2012 ND 153
Highlight: A child is a deprived child for purposes of termination of parental rights if the child has been abandoned by the child's parent, guardian, or other custodian. |
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Miller, et al. v. Walsh County Water Resource District
2012 ND 152
Highlight: The legality of dikes is measured by the law in effect at the time the dikes were constructed. |
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State, ex rel. Roseland v. Herauf, et al.
2012 ND 151
Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists. |
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Reiser, et al. v. Thorpe, et al.
2012 ND 150 Highlight: Judgment awarding $98,543.84 in costs and disbursements for defending against a negligence and breach of contract lawsuit is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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D&P Terminal, et al. v. City of Fargo
2012 ND 149 Highlight: A special assessment commission is not prohibited from using a formula such as front footage or square footage to determine the amount of benefit to properties within an improvement district. |
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Hale v. State of North Dakota, et al.
2012 ND 148
Highlight: Economic development constitutes an enterprise for a public purpose under the gift clause provision of the state constitution. |
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State v. Chisholm
2012 ND 147 Highlight: When a defendant in a homicide case argues self-defense, evidence of specific instances of prior violent conduct by the victim may be admissible to show the defendant's state of mind if he was aware of the prior conduct, but the district court may in its discretion refuse to admit evidence of prior conduct which is too remote in time. |
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Rinas v. Engelhardt
2012 ND 146
Highlight: Review of the specific terms of relief provided in a domestic violence protection order is limited to whether the district court acted within its statutory authority in granting the relief. This standard of review has been called the abuse-of-discretion standard in other, similar contexts. |
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State v. Mertz
2012 ND 145
Highlight: The specific crime intended to be committed in the premises is not an element of burglary. |
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Hale v. Ward County, et al.
2012 ND 144
Highlight: The district court may not weigh the evidence, determine credibility or attempt to discern the truth of the matter when ruling on a motion for summary judgment. |
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Recovery Resources, LLC v. Cupido, et al.
2012 ND 143
Highlight: A court's division of debts in a divorce action does not affect the rights of third-party creditors. |
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Holkesvig v. Welte (cons. w/20110374-375)(cross-ref 20100315-317 & 20110102-104)
2012 ND 142
Highlight: After a district court has issued an order enjoining a litigant from filing certain further lawsuits without leave of court, the court does not abuse its discretion in denying the litigant's motion to file new lawsuits when the new lawsuits are derivative of the claims previously raised by the litigant. |
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EVI Columbus, LLC v. Lamb, et al.
2012 ND 141
Highlight: If the time allowing a party to amend a pleading as a matter of course has passed, the party may still amend the pleading after obtaining the opposing party's written consent or the court's leave. |
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State v. Bruce
2012 ND 140 Highlight: For menacing, a victim's subjective fear of imminent serious bodily injury resulting from an encounter with a defendant may be considered. |
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City of Lincoln v. Johnston
2012 ND 139 Highlight: A bicycle is a vehicle for purposes of the driving under the influence law. |
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State v. Garg (consolidated w/20110299)
2012 ND 138
Highlight: An appellate court need not address questions, the answers to which are unnecessary to the determination of an appeal. |
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Castro v. Castro
2012 ND 137
Highlight: In an interstate child custody proceeding, jurisdiction generally exists in the child's home state. |
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Thorsrud v. N.D. Dep't of Transportation
2012 ND 136
Highlight: Under N.D.C.C. 39-20-05(4), admission of an Intoxilyzer Test Record and Checklist into evidence establishes prima facie their contents. |
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State v. Clark
2012 ND 135
Highlight: A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged offense. |
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Meier v. N.D. Dep't of Human Services
2012 ND 134 Highlight: Service of the notice of appeal and specifications of error on Human Resource Management Services is necessary to properly perfect an appeal from administrative law judge decisions under the Central Personnel System Act. |
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Matter of Rubey (cross-reference 20100292)
2012 ND 133 Highlight: On appeal, conflicting evidence is not re-weighed nor is the credibility of witnesses re-decided. |
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Matter of D.A. (CONFIDENTIAL)
2012 ND 132 Highlight: Order denying a petitioner's application for discharge from civil commitment as a sexually dangerous individual under N.D.C.C. ch. 25-03.3 is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Ayala
2012 ND 131 Highlight: Criminal judgment of conviction of murder is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Toppen v. Toppen
2012 ND 130 Highlight: Order affirming an administrative enforcement action placing a lien on an individual's personal property held by the Department of Corrections and Rehabilitation is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Eide (consolidated w/20110264-20110269)
2012 ND 129 Highlight: A district court must comply with a statutory notice requirement prior to modifyig probation. |
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Matter of Wedmore
2012 ND 128 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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Interest of Tanner
2012 ND 127 Highlight: An order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Palmer (Consolidated w/20120078)(cross-reference w/20010125 & 20110347)
2012 ND 126 Highlight: A district court order denying a motion to dismiss a probation revocation petition and revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Foreid v. State (cross-reference w/20080128, 20100325, & 20110315)
2012 ND 125 Highlight: A district court order summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Disciplinary Board v. Mahler
2012 ND 124 Highlight: Lawyer suspension ordered. |
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Haugland v. City of Bismarck
2012 ND 123
Highlight: Urban renewal statutes authorize a municipality to engage in an enterprise for a public purpose within the meaning of the gift clause provision of the state constitution. |
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Kosobud v. Kosobud
2012 ND 122
Highlight: Assets accumulated after separation but prior to divorce are included in the marital estate. |
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Skachenko v. Skachenko
2012 ND 121
Highlight: A district court does not abuse its discretion when it denies a party's motion to use frozen marital funds to conduct a business evaluation when the moving party has access to non-frozen, separate funds and has not addressed why the non-frozen, separate funds cannot be used. |
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State v. Schmidt
2012 ND 120
Highlight: A private party cannot be considered an agent of the State merely because a police officer requested surveillance video from him as part of the investigation. |
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Empower the Taxpayer, et al. v. Cory Fong, et al.
2012 ND 119 Highlight: There is no private right of action to enforce the provisions of the Corrupt Practices Act. |
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Disciplinary Board v. Dyer (CONSOLIDATED W/ 20120021-20120023)
2012 ND 118
Highlight: Evidence that the balance of a trust account fell below the total amount held in trust supports a finding that the lawyer violated N.D.R. Prof. Conduct 1.15. |
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Holbach v. City of Minot (Consolidated w/20110278)
2012 ND 117
Highlight: Municipal courts are not courts of record. |
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Disciplinary Board v. Summers
2012 ND 116 Highlight: The Supreme Court reviews disciplinary proceedings de novo. |
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Working Capital #1 v. Quality Auto Body, et al.
2012 ND 115
Highlight: An eviction to recover possession of real estate is maintainable when a lessee holds over after the termination of the lease or expiration of the lessee's term. |
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Dakota Resource Council, et al. v. Stark County Board of County Commissioners
2012 ND 114
Highlight: A nonprofit organization that has not suffered an injury itself can sue as the representative of its members if: (1) its members would otherwise have standing to sue in their own right; (2) the interests it seeks to protect are germane to the organization; and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. |
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State v. Chacano
2012 ND 113
Highlight: The purpose of requiring the court's consent to dismissal under N.D.R.Crim.P. 48(a) is to prevent harassment of a defendant by charging, dismissing and recharging without placing a defendant in jeopardy. |
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State v. DeLeon (consol.w/20110351)
2012 ND 112 Highlight: Order revoking probation and resentencing defendant to prison is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Duffy v. State
2012 ND 111 Highlight: Order denying a petitioner's application for post-conviction relief on the basis of ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State, et al. v. Nelson (cross-reference w/20100413)
2012 ND 110 Highlight: Order denying motion to dismiss an administrative lien placed on prisoner spending accounts is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Thorson v. State (cross-reference w/ 20020212)
2012 ND 109 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Gress v. State (cross-reference w/20110047)
2012 ND 108 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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State v. Unruh
2012 ND 107 Highlight: A district court order revoking probation and an amended criminal judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Hangsleben v. Halverson
2012 ND 106 Highlight: Summary judgment and award of costs and attorney's fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). |
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Minnkota Power Cooperative, Inc. v. Anderson, et al. (cons. w/20120024)
2012 ND 105
Highlight: A party seeking to enter property to conduct testing and surveying under N.D.C.C. 32-15-06 must establish it is in the category of persons entitled to seek eminent domain. |
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Estate of Boehm
2012 ND 104
Highlight: When technical language is used, meaning words that have acquired a peculiar and appropriate meaning in law, or are defined by statute, such words must be construed according to such peculiar and appropriate meaning or definition. |