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.
2001 - 2050 of 12382 results
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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). |
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State v. Goldsack (consolidated w/20180266)
2019 ND 36 Highlight: Judgment revoking probation and sentencing defendant to six years’ imprisonment summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7). |
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Interest of H.B. (CONFIDENTIAL) (CONSOLIDATED W/20180440 & 20180441)
2019 ND 35 Highlight: A juvenile court order terminating parental rights to H.B., V.B, and A.B. is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Brakke
2019 ND 34 Highlight: A criminal judgment for driving with a suspended license is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Smith v. State
2019 ND 33 Highlight: A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Tollefson v. Anderson & Fercho, PLLP, et al.
2019 ND 32
Highlight: Appellant’s appeal of the district court’s order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), (7). |
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Wald v. Benedictine Living Communities, Inc.
2019 ND 31
Highlight: A post-verdict motion for judgment as a matter of law is a renewal of the pre-verdict motion and can be granted only on grounds advanced in the pre-verdict motion. |
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Friesner v. Friesner, et al.
2019 ND 30
Highlight: A district court’s choice for primary residential responsibility between two fit parents is a difficult one, and the Supreme Court will not retry the case or substitute its judgment for that of the district court when its decision is supported by the evidence. |
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State v. Bearrunner
2019 ND 29
Highlight: Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact. |
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State v. Foster
2019 ND 28 Highlight: A witness may testify from personal knowledge about the witness’s own actions and observations even when they relate to acts technical in nature. If evidence is admitted in error, this Court will consider the entire record and decide in light of all the evidence whether the error was so prejudicial the defendant’s rights were affected and a different decision would have occurred absent the error. |
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Helbling v. Helbling
2019 ND 27
Highlight: When a divorce settlement agreement is incorporated and merged into a judgment, only the final judgment is interpreted and enforced, not the underlying contract between the parties. |
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Western Energy Corporation v. Stauffer, et al.
2019 ND 26 Highlight: District court judgment finding reformation of 1959 warranty deed barred by the ten-year statute of limitation under N.D.C.C. § 28-01-15(2) is affirmed. |
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Swanson v. Swanson
2019 ND 25
Highlight: District court division of marital property was not clearly erroneous. |
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Grina v. Job Service, et al.
2019 ND 24 Highlight: A Job Service decision is affirmed when a reasoning mind reasonably could have determined the agency’s factual conclusions were proved by the weight of evidence. |
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Interest of Jane Doe (CONFIDENTIAL)
2019 ND 23
Highlight: A district court’s finding that a person is mentally ill and in need of treatment will not be reversed unless it is clearly erroneous. |
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State v. Pittenger
2019 ND 22 Highlight: Closing a trial to the public without proper analysis is a structural error requiring automatic reversal. |
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State v. Lyon
2019 ND 21 Highlight: A sentence in excess of a statutory provision or in some other way contrary to an applicable statute is an illegal sentence. |
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Avila v. Weaver, et al.
2019 ND 20
Highlight: If a post-trial motion does not require the amendment of the judgment, N.D.R.App.P. 4(a)(3) applies and the time for appeal begins upon service of the notice of the order disposing of the motion. |
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Desert Partners IV, L.P., et al. v. Benson, et al.
2019 ND 19
Highlight: A district court’s decision on whether to grant a motion for a continuance will not be reversed on appeal absent an abuse of discretion. |
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State v. Lott
2019 ND 18
Highlight: Criminal judgment of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Hogen, et al. v. Hogen, et al.
2019 ND 17 Highlight: A transferor cannot convey an interest greater than the transferor has in the property, and a transferor who does not hold title to property cannot pass or transfer title to that property. |
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S.E.L. v. J.A.P., et al. (CONFIDENTIAL)
2019 ND 16 Highlight: Section 14-20-44(2), N.D.C.C., provides a statute of limitations barring proceedings to challenge an acknowledged father’s paternity and to adjudicate paternity brought more than two years after the effective date of the paternity acknowledgment. |
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Kieson v. Kieson
2019 ND 15 Highlight: A marital property distribution in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Cody v. Cody
2019 ND 14
Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony. |
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Seccombe, et al. v. Rohde, et al.
2019 ND 13
Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements. |
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Interest of E.S. (CONFIDENTIAL)
2019 ND 12
Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous. |
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State v. Christensen
2019 ND 11
Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor. |
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Ourada v. State
2019 ND 10 Highlight: In a post-conviction relief proceeding, an applicant is entitled to notice that his application may be summarily dismissed. |