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.
1901 - 1950 of 12446 results
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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. |
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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. |
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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. |
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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. |
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WSI v. Taylor, et al.
2019 ND 220
Highlight: Courts must construe statutes to give meaning to them in their entirety if possible. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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Zuo v. Wang
2019 ND 211
Highlight: A district court has wide discretion to admit or exclude evidence at trial. |
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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. |
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Matter of Reciprocal Discipline of Scher
2019 ND 209 Highlight: Lawyer disbarred. |
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Matter of Reciprocal Discipline of Rosso
2019 ND 208 Highlight: Lawyer suspended. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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Smithberg v. Smithberg, et al.
2019 ND 195
Highlight: Courts do not strive to find irreconcilable conflicts between statutory provisions. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Tarver v. Tarver
2019 ND 189
Highlight: District court did not err in not enforcing conditional stipulation read onto the record. |
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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. |
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Caster v. State
2019 ND 187
Highlight: District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings. |
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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. |
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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. |
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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. |
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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. |
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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. |
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State v. Swanson
2019 ND 181
Highlight: Conspiracy to commit a “knowing” murder is a non-cognizable offense. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |