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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.

3811 - 3820 of 12446 results

State v. Pavlicek 2012 ND 154
Docket No.: 20120012
Filing Date: 7/26/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

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.
Verdicts are not legally inconsistent if, when a jury fails to convict a defendant on a charge having a similar element to a charge on which the defendant is convicted, there is substantial evidence to support the charge on which the defendant is convicted.
The last sentence of N.D.C.C. 12.1-05-05(1), which addresses justification in use of force by a person responsible for caring for a minor, is not an exclusive listing, but merely a legislative acknowledgment that use of force creating a substantial risk of death, serious bodily injury, disfigurement, or gross degradation is per se unreasonable when purportedly used for disciplinary purposes.
Counsel for a party desiring more comprehensive jury instructions has a duty to draft a specific instruction and to submit the instruction in writing to the trial judge.

Interest of A.W. (CONFIDENTIAL) 2012 ND 153
Docket No.: 20120245
Filing Date: 7/26/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

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.
Paying child support, alone, is not sufficient to prevent a finding of abandonment.
Adequate care from a foster parent or other source does not prevent a finding of deprivation.

Miller, et al. v. Walsh County Water Resource District 2012 ND 152
Docket No.: 20120018
Filing Date: 7/26/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The legality of dikes is measured by the law in effect at the time the dikes were constructed.
A person asserting equitable or promissory estoppel must show on his own part lack of knowledge and of the means of knowledge of the truth as to the facts in question.
Mere negligence, oversight, or thoughtlessness does not create a waiver.

State, ex rel. Roseland v. Herauf, et al. 2012 ND 151
Docket No.: 20120170
Filing Date: 7/26/2012
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists.
N.D.R.Ev. 707 must be interpreted in light of N.D.C.C. § 39-20-07, which governs the admission of analytical reports into evidence, because the rule and the statute are interconnected regarding analytical reports.
N.D.R.Ev. 707, construed with N.D.C.C. § 39-20-07, requires the State to produce the person who drew the defendant's blood sample at trial to satisfy the constitutional requirements of N.D.C.C. § 39-20-07.
The signed statement contemplated under N.D.C.C. § 39-20-07(10) is a testimonial statement subject to a defendant's right to confrontation.

Reiser, et al. v. Thorpe, et al. 2012 ND 150
Docket No.: 20120137
Filing Date: 7/19/2012
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

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).

D&P Terminal, et al. v. City of Fargo 2012 ND 149
Docket No.: 20110194
Filing Date: 7/18/2012
Case Type: Appeal - Civil - Tax Realted
Author: Crothers, Daniel John

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.

Hale v. State of North Dakota, et al. 2012 ND 148
Docket No.: 20110146
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Economic development constitutes an enterprise for a public purpose under the gift clause provision of the state constitution.
A party must do more than submit bare assertions to adequately raise constitutional issues, and without supportive reasoning or citation to relevant authorities, a constitutional argument is without merit.

State v. Chisholm 2012 ND 147
Docket No.: 20110228
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

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.

Rinas v. Engelhardt 2012 ND 146
Docket No.: 20120019
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

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.
A domestic violence protection order may be modified at any time upon a petition filed by either party.
District courts should attempt to reconcile the visitation terms in a domestic violence protection order and those established in a future custody action.

State v. Mertz 2012 ND 145
Docket No.: 20120087
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: The specific crime intended to be committed in the premises is not an element of burglary.
Testimony that a defendant without permission to enter residence forced his way through a locked door is sufficient to support a jury finding that the defendant entered the residence with intent to commit a crime therein.

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