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.
1851 - 1900 of 12359 results
|
McCarthy v. Getz
2019 ND 190
Highlight: A patient’s suicide is an objectively obvious fact that the goal of psychological treatment for symptoms relating to anxiety and depression had not been reached as planned and is sufficient to put parents with knowledge that their child was receiving treatment on notice that a potential claim against the psychological treatment provider exists. |
|
Tarver v. Tarver
2019 ND 189
Highlight: District court did not err in not enforcing conditional stipulation read onto the record. |
|
State v. Shipton (consol. w/ 20190041)
2019 ND 188
Highlight: This Court will treat a petition for writ of error coram nobis as one for post-conviction relief under the Uniform Post-Conviction Procedure Act. |
|
Caster v. State
2019 ND 187
Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings. |
|
Wilkens v. Westby
2019 ND 186 Highlight: Death does not make a resident absent from the state for six months or more post-accident for purposes of service under North Dakota’s nonresident motorist statute, N.D.C.C. § 39-01-11. |
|
Klein v. Estate of Luithle
2019 ND 185 Highlight: Although a district court judge has broad discretion when admitting or excluding expert witness testimony, it is an abuse of discretion to strike all of an expert witness’s testimony sua sponte when some of the testimony is admissible. |
|
Twete v. Mullin, et al.
2019 ND 184
Highlight: A district court’s denial of a motion for new trial is reviewed for an abuse of discretion. |
|
State v. Hendrickson
2019 ND 183 Highlight: Information obtained from a 911 caller may provide a sufficient factual basis to raise a reasonable and articulable suspicion of potential criminal activity to justify an investigatory stop. |
|
State v. West
2019 ND 182 Highlight: The crime of conspiracy to “knowingly” commit murder is not a cognizable crime. Charging a defendant with such a crime is obvious error. |
|
State v. Swanson
2019 ND 181
Highlight: Conspiracy to commit a “knowing” murder is a non-cognizable offense. |
|
Minyard v. Lindseth
2019 ND 180
Highlight: For child support purposes, an obligor’s income must be sufficiently documented through the use of tax returns, current wage statements, and other information. |
|
State v. Welch
2019 ND 179 Highlight: A district court does not abuse its discretion when in a criminal judgment it describes an inchoate crime by reference to both Chapter 12.1-06 and the statute specifying the underlying criminal offense. |
|
Burden v. State
2019 ND 178
Highlight: A motion for summary disposition on the pleadings in a post-conviction proceeding is analogous to a N.D.R.Civ.P. 12(b)(6) motion and looks at the application in the light most favorable to the applicant and accepts well-pleaded allegations as true. |
|
Lizakowski v. Lizakowski
2019 ND 177
Highlight: In a divorce action, a spouse’s separate property, whether inherited or otherwise, must be included in the marital estate, and property brought into a marriage or acquired by gift or inheritance by one spouse may not be set aside to that spouse. |
|
State v. Wills
2019 ND 176
Highlight: Investigative detention may continue only as long as reasonably necessary to conduct duties resulting from a traffic stop and to issue a warning or citation. |
|
State v. Lyons
2019 ND 175
Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor. |
|
State v. Norton
2019 ND 174 Highlight: Individuals convicted of specified offenses against children have a statutory duty to register as offenders against children regardless of a prior court order or instructions by a court to register. |
|
State v. Overholt
2019 ND 173
Highlight: For purpose of appeal, an order deferring imposition of sentence is equivalent to a judgment under N.D.R.Crim.P. 32(b). |
|
French v. N.D. Dep't of Transportation
2019 ND 172
Highlight: The Department’s driving record, including its notations, for a driver is a regularly kept record and is prima facie evidence of its contents. |
|
W.C. v. J.H., et al. (CONFIDENTIAL)
2019 ND 171
Highlight: Parties may obtain discovery regarding nonprivileged matters that are relevant to a party’s claim. |
|
Markegard v. Willoughby
2019 ND 170
Highlight: A party moving to terminate spousal support under N.D.C.C. § 14-05-24.1(3) has the initial burden to prove habitual cohabitation for a period of one year or more, and the party opposing the motion has the burden to prove any exceptions apply. |
|
Matter of R.A.S. (Confidential)
2019 ND 169
Highlight: The district court must state the specific factual findings used as a base for determining an individual has serious difficulty controlling personal behavior, and errs as a matter of law if the findings are insufficient or does not support the legal conclusion. |
|
Taszarek, et al. v. Lakeview Excavating, Inc., et al.
2019 ND 168
Highlight: A district court’s decision on whether to pierce a corporation’s corporate veil is heavily fact-specific. |
|
Morris v. State
2019 ND 166
Highlight: Accomplice to commit extreme indifference murder is a cognizable offense. |
|
Johnston Land Company, LLC v. Sorenson, et al.
2019 ND 165
Highlight: A party opposing a motion for summary judgment cannot simply rely on the pleadings or on unsupported allegations, but must present competent admissible evidence that raises a genuine issue of material fact in support of their claim. |
|
State v. Watson (Consolidated w/20180295 & 20180296)
2019 ND 164 Highlight: The district court must find good cause to delay a trial more than ninety days after the defendant has been arraigned and timely elected a right to a speedy trial under N.D.C.C. § 29-19-02. |
|
State v. Hollis
2019 ND 163
Highlight: A police officer may take an apparently intoxicated individual to a jail for detoxification if the officer determines the person constitutes a danger to himself or others. |
|
State v. Landrus
2019 ND 162
Highlight: A district court’s use of a defense of property jury instruction did not improperly shift the burden of the State to disprove the absence of self-defense. |
|
City of West Fargo v. Williams
2019 ND 161
Highlight: The right to an additional independent test under N.D.C.C. § 39-20-02 only arises when the driver submits to the chemical test requested by law enforcement. |
|
Klundt v. Benjamin
2019 ND 160
Highlight: The district court’s findings on the best interest factors, as well as its decision regarding primary residential responsibility, were not clearly erroneous. |
|
State v. Muhammad
2019 ND 159
Highlight: The district court did not abuse its discretion by admitting the recordings of an interrogation without playing the recordings in their entirety. |
|
Interiors by France v. Mitzel Contractors, Inc., et al.
2019 ND 158 Highlight: An award of attorney fees to a prevailing plaintiff under N.D.C.C. § 27-08.1-04 does not extend to parties who were not part of the original small claims court proceedings. |
|
State v. Pemberton (consolidated w/ 20180415)
2019 ND 157
Highlight: Defendant failed to support his claim that a probable cause finding for a non-cognizable offense was obvious error. |
|
Hoffman v. Jevne
2019 ND 156
Highlight: If a party bringing a motion under N.D.R.Ct. 3.2 timely requests oral argument, the request must be granted. |
|
Wolt v. Wolt, et al.
2019 ND 155
Highlight: Although N.D. Admin. Code § 75-02-04.1-01(10) describes activities that are considered self-employment, the determination of a self-employed individual’s income is governed by N.D. Admin. Code § 75-02-04.1-05. |
|
Puklich v. Puklich, et al.
2019 ND 154
Highlight: A district court’s findings on valuation of property will not be reversed unless they are clearly erroneous. |
|
Bridgeford v. Sorel
2019 ND 153
Highlight: An officer’s actions remained within the community caretaker exception to the warrant requirement of the Fourth Amendment when he knocked on the car window of an individual who appeared to be sleeping with the car running in a gas station parking lot. |
|
State v. Taylor
2019 ND 152 Highlight: Appeal from an order denying a motion for new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
City of Dickinson v. Vaagen
2019 ND 151
Highlight: A criminal judgment finding defendant guilty of driving under the influence is summarily reversed under N.D.R.App.P. 35.1(b). |
|
Schatz v. N.D. Dep't of Transportation
2019 ND 150 Highlight: District court’s judgment affirming a North Dakota Department of Transportation decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
|
Everett v. State
2019 ND 149
Highlight: In post-conviction relief proceedings, it is not an abuse of discretion to deny default judgment when a petitioner cannot show he suffered any prejudice from the State's untimely response. |
|
Blackcloud v. State
2019 ND 148
Highlight: A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Frontier Fiscal Services LLC v. Pinky's Aggregates, Inc., et al.
2019 ND 147
Highlight: The burden of proof ordinarily rests with the party who possesses the facts on the issue in dispute. |
|
Atkins v. State
2019 ND 146
Highlight: An applicant for post-conviction relief should have 14 days to respond to a motion to dismiss under N.D.R.Ct. 3.2(a)(2). |
|
State v. Atkins
2019 ND 145
Highlight: A defendant may not avoid the procedures of the Uniform Postconviction Procedure Act by designating his motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing as a new action for post-conviction relief. |
|
Swenson, et al. v. Mahlum, et al.
2019 ND 144
Highlight: Order and judgment dismissing plaintiff’s claims with prejudice and defendant’s third-party claims without prejudice was appealable because plaintiff’s claims were adjudicated and third-party claims were dependent on plaintiff’s claims. |
|
James Vault & Precast Co., et al. v. B&B Hot Oil Service, Inc., et al.
2019 ND 143 Highlight: A contractual provision purporting to exempt anyone from responsibility for a willful or negligent violation of the law is against the policy of law and not enforceable. |
|
Lee v. Lee
2019 ND 142
Highlight: The district court’s property valuations were not clearly erroneous. |
|
Estate of Hogen
2019 ND 141
Highlight: A probate court has inherent authority to control its docket and to protect its jurisdiction and judgments, the integrity of the court, and the orderly and expeditious administration of justice, and may award attorney fees to further that end. |
|
State v. Peterson
2019 ND 140
Highlight: A district court found a sufficient factual basis to support the defendant’s guilty plea based on the record and the State’s offer of proof. |