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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.

4121 - 4130 of 12446 results

State v. Zottnick 2011 ND 84
Docket No.: 20100310
Filing Date: 5/11/2011
Case Type: Appeal - Criminal - Other
Author: VandeWalle, Gerald

Highlight: A defendant may be entitled to a jury instruction on excuse and his conduct may be excused if there is evidence that the defendant believes the facts are such that conduct is necessary and appropriate for any of the purposes which would establish a justification or excuse under the criminal code, even though the defendant's believe is mistaken.

A.R. Audit Services, Inc. v. Ulledahl 2011 ND 83
Docket No.: 20110002
Filing Date: 5/11/2011
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: Summary judgment awarding amount owed for medical services is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Erhart 2011 ND 82
Docket No.: 20100384
Filing Date: 5/11/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Beane (Consolidated w/20100341) 2011 ND 81
Docket No.: 20100340
Filing Date: 5/11/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgments for possession of a controlled substance and possession of drug paraphernalia are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Beane (cross-reference S.C. #20090013) 2011 ND 80
Docket No.: 20100380
Filing Date: 5/11/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of drug paraphernalia summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Mudge (Consolidated w/20100369-20100371) 2011 ND 79
Docket No.: 20100368
Filing Date: 5/11/2011
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment and order denying requests for modification of sentence summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Blomdahl v. Blomdahl 2011 ND 78
Docket No.: 20100053
Filing Date: 4/13/2011
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A motion for contempt under N.D.C.C. 14-05-25.1 is not an "action upon the judgment" for purposes of applying the ten-year statute of limitations in N.D.C.C. 28-01-15.
For a contempt finding under N.D.C.C. 14-05-25.1, there must be a violation of a valid and existing court order, judgment, or decree.

Christensen v. N.D. Dep't of Human Services 2011 ND 77
Docket No.: 20100263
Filing Date: 4/12/2011
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: An applicant for Medicaid benefits has the responsibility to provide information sufficient to establish eligibility and has the burden of proving an asset is not actually available.

Matter of Wolff 2011 ND 76
Docket No.: 20100290
Filing Date: 4/12/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: In civil commitment cases, the State must clearly show the committed individual's personality disorder is likely to manifest itself in a serious difficulty in controlling his or her behavior.
The conduct evidencing the committed individual's serious difficulty in controlling his or her behavior need not be sexual in nature.

Schumacker v. Schumacker 2011 ND 75
Docket No.: 20100282
Filing Date: 4/12/2011
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Merely conflicting allegations in affidavits and moving papers for a change in primary residential responsibility of parties' children must be resolved at an evidentiary hearing, unless the party opposing the movant has conclusively proved the movant's allegations are insufficient or have no credibility.
Pre-divorce conduct can be relevant for a change of custody when the divorce was stipulated and the trial court was unaware of the facts at the time of the stipulation.
Inadmissible hearsay statements are not competent evidence supporting a prima facie case for a change of primary residential responsibility.
Statements by declarants on their state of mind and emotion fit an exception to the hearsay rule and are competent evidence.

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