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.
1951 - 2000 of 12359 results
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Interest of D.M.H. (CONFIDENTIAL)
2019 ND 88 Highlight: When awarding a guardianship, the district court must determine whether the parents should be awarded visitation. The district court may not delegate determination of a visitation schedule. |
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Estate of Brandt
2019 ND 87
Highlight: A personal representative is not precluded from filing petitions as an interested person in the supervised administration of an estate while simultaneously performing fiduciary duties to distribute property according to a will and the best interests of an estate. |
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State v. Hamre
2019 ND 86 Highlight: In considering a speedy trial claim, a district court must balance the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused. |
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State v. Guthmiller
2019 ND 85
Highlight: A district court order denying a defendant’s motion to withdraw a guilty plea is affirmed if the defendant fails to show a “fair and just” reason for withdrawal. |
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State v. Morsette
2019 ND 84
Highlight: A district court’s finding that the facts support a reasonable and articulable suspicion is fully reviewable on appeal. |
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Lies v. N.D. Dep't of Transportation
2019 ND 83
Highlight: Burden is on moving party to prove vehicle properly identified by evidence. |
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Baker v. Autos, Inc., et al.
2019 ND 82 Highlight: A retail installment contract must disclose charges and fees that are finance charges as finance charges to comply with the disclosure requirements of the Retail Installment Sales Act. |
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Lincoln Land Development, LLP v. City of Lincoln
2019 ND 81
Highlight: The extent of a prescriptive easement is fixed by the use through which it was created, and use beyond the easement’s originally created use may be a governmental taking. |
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Ebach v. N.D. Dep't of Transportation
2019 ND 80
Highlight: At a hearing under N.D.C.C. 39-20-05, the regularly kept records of the director and state crime laboratory may be introduced; once introduced, those records establish prima facie their contents without further foundation. |
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City of Fargo v. Nikle
2019 ND 79
Highlight: An affirmative defense jury instruction will only be given if there is evidence to support it. |
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Orwig v. Orwig (consolidated w/20170455)
2019 ND 78
Highlight: A party appealing from a contempt order must file a notice of appeal with the clerk of the supreme court within 60 days after entry of the judgment or order being appealed. |
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Cockfield v. City of Fargo
2019 ND 77
Highlight: A public employee, who has a property interest in his employment, may not have his employment terminated without due process. |
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Baker Boyer National Bank v. JPF Enterprises, LLC
2019 ND 76
Highlight: The relationship between a bank and its customers is a debtor-creditor relationship, which ordinarily does not impose a fiduciary duty upon the bank. |
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Purdy v. Purdy, et al.
2019 ND 75 Highlight: A district court’s decision on a motion to modify primary residential responsibility is a finding of fact, subject to the clearly erroneous standard of review. |
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City of Bismarck v. King
2019 ND 74 Highlight: The criminal offense of refusal to submit to chemical testing is a strict liability offense. |
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State v. Nice
2019 ND 73
Highlight: A defendant may not challenge the constitutionality of a statute they were not charged under. |
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State v. Laverdure
2019 ND 72 Highlight: Sufficient probable cause existed to support the magistrate’s issuance of a search warrant. |
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State v. Rai
2019 ND 71
Highlight: District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence. |
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Chisholm v. State
2019 ND 70
Highlight: We distinguish peremptory demands for a change of judge from a demand for a change of judge based on bias. |
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Brewer v. State
2019 ND 69 Highlight: An attorney’s failure to object to admission of evidence at trial because the attorney believes the record created in a pretrial motion in limine has preserved the issue falls outside the wide range of reasonable attorney performance. Where prejudice is also shown, such a failure to object to prior bad acts evidence at trial constitutes ineffective assistance of counsel. |
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Becker, et al. v. Burleigh County, et al.
2019 ND 68
Highlight: Injunctive relief may be granted against public entities without exhaustion of administrative remedies where the plaintiff challenges the legality and validity of a decision rather than the public entity’s wisdom, propriety, or correctness in making the decision. |
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Interest of Carter (cross-referenced w/20100180 & 20160236)
2019 ND 67
Highlight: A district court must find an individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual. |
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State v. Alberts
2019 ND 66
Highlight: Issues raised for the first time on appeal will not be considered unless they rise to the level of obvious error. |
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State v. Thorsteinson
2019 ND 65
Highlight: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. |
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Gonzales v. WSI
2019 ND 63 Highlight: District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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White v. State
2019 ND 62 Highlight: District court’s finding that applicant for post-conviction relief failed to establish his counsel’s representation fell below an objective standard of reasonableness was not clearly erroneous. |
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Interest of C.H. (CONFIDENTIAL) (CONSOLIDATED W/20190019-20180021)
2019 ND 61 Highlight: Juvenile court’s finding that the children were exposed to aggravated circumstances was not clearly erroneous. |
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Miles v. Holznagel, et al.
2019 ND 60 Highlight: A district court’s orders changing primary residential responsibility, denying a motion for continuance and denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3) and(4). |
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State v. Gomez
2019 ND 59 Highlight: Summary affirmance of district court’s revocation of probation and resentencing. |
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Trust of Linn
2019 ND 58
Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. |
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Robert Banderet,et al. vs. Sargent Count Water Resource District, et al.
2019 ND 57
Highlight: In general, when an appeal from a local governing body’s decision is authorized by law, equitable relief against the enforcement of the decision will not be allowed. |
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Bindas v. Bindas
2019 ND 56 Highlight: Section 14-05-24.1(3), N.D.C.C., which authorizes the district court to terminate spousal support when the spouse receiving support has been habitually cohabiting with another individual in a relationship analogous to a marriage for more than one year, does not apply when the parties have a contrary written agreement. |
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Dick v. Erman
2019 ND 54 |
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Lenertz v. City of Minot N.D.
2019 ND 53
Highlight: To establish an inverse condemnation claim, a property owner must prove a public entity took or damaged the owner’s property for a public use and the public use was the proximate cause of the taking or damages. |
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State v. Hansford
2019 ND 52
Highlight: Whether a suspect is in custody is a mixed question of fact and law which is fully reviewable on appeal. |
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State v. Powley
2019 ND 51
Highlight: A pre-trial order in limine excluding evidence is a preliminary order that does not dispense with the need for the proponent to make an offer of proof at trial so the district court can consider the proffered evidence in the context of other evidence presented during trial. |
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State v. Dowdy
2019 ND 50
Highlight: An arresting officer’s inclusion of additional information in the implied consent advisory must not materially mislead or coerce a defendant. |
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Varty v. Varty
2019 ND 49
Highlight: Agreements between divorcing parties are encouraged, and stipulated spousal support awards should be changed only with great reluctance. |
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Smith v. Erickson
2019 ND 48 |
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Gonzalez v. State
2019 ND 47
Highlight: When an applicant for post-conviction relief alleges newly discovered evidence, a district court errs in sua sponte summarily denying the application, after the State has responded to the application, without providing the applicant notice and the opportunity to submit an answer with supporting materials to show the existence of a genuine issue of material fact. |
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Kuntz v. State
2019 ND 46
Highlight: A district court’s decision granting judgment on the pleadings under N.D.R.Civ.P. 12(c) is reviewed de novo. |
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Heidt v. Heidt
2019 ND 45
Highlight: District court erred in finding mother had not made a prima facie case for modification of primary residential responsibility. |
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State v. Abuhamda
2019 ND 44
Highlight: The right to appeal in this state is purely statutory, and without statutory authorization to hear an appeal this Court lacks jurisdiction. |
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State v. Vetter
2019 ND 43
Highlight: The statutory implied consent advisory must be read after a person is placed under arrest and before a chemical test may be administered to determine alcohol concentration. |
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Estate of Krueger
2019 ND 42 Highlight: For purposes of Medicaid recovery from a surviving spouse’s estate, the Department’s recovery from a deceased recipient’s joint tenancy property is limited to the deceased recipient’s fractional interest in the property. |
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Schindler, et al. v. Wageman, et al.
2019 ND 41
Highlight: Party was required to provide clear and convincing evidence that warranty deeds did not correctly state the parties’ intent. |
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State v. Christie
2019 ND 40 Highlight: Conviction of class AA felony gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Heldstab v. Heldstab
2019 ND 39 Highlight: A district court’s divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Cody
2019 ND 38 Highlight: Jury verdict finding defendant guilty of willfully giving false information to a law enforcement officer under N.D.C.C. § 12.1-11-03(1) and preventing arrest under N.D.C.C. § 12.1-08-02(1) is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Hagen v. Horst
2019 ND 37 Highlight: A district court’s award of residential responsibility and child support, the implementation of supervised parenting time, and decision to issue an emergency ex parte custody order are summarily affirmed under N.D.R.App.P. 35.1(a) (2), (3) and(4). |