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.
4101 - 4200 of 12359 results
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State v. Carpenter
2011 ND 20
Highlight: A trial court must determine whether a person convicted of a crime is a habitual offender under the statute before enhancing the convicted person's sentence. |
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State v. Curtis (Cross-reference No. 20080007)
2011 ND 19 Highlight: Judgment revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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State v. Wilson
2011 ND 18 Highlight: Criminal judgment for harassment summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Pederson
2011 ND 17 Highlight: Criminal judgment for gross sexual imposition and sexual assault, and order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Foreid v. State (cross-reference w/20080128)
2011 ND 16 Highlight: Summary dismissal of application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Binstock v. N.D. Dep't. of Transportation
2011 ND 15 Highlight: The district court's judgment affirming the Department of Transportation's revocation of a driver's license is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Interest of J.W., a child (CONFIDENTIAL)
2011 ND 14 Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Rudolph v. State
2011 ND 13 Highlight: Order summarily dismissing petition for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). |
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Howard Venture, LLC, et al. v. Heinze
2011 ND 12 Highlight: Summary judgment ordering reimbursement in a contract dispute summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). |
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State v. Thompson (Consolidated w/20100176)
2011 ND 11 Highlight: A person has been 'seized' within the meaning of the Fourth Amendment only if a reasonable person would have believed that he was not free to leave. |
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Guardianship/Conservatorship of G.L.
2011 ND 10
Highlight: A party may not collaterally attack a prior unappealed order in a subsequent proceeding. |
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Matter of T.O. (CONFIDENTIAL) (cross-reference w/20090181)
2011 ND 9 Highlight: A district court reviewing the civil commitment of a sexually dangerous individual must make sufficient factual findings to provide the appellate court with the basis for the court's decision. |
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Disciplinary Board v. Kirschner (Consolidated w/ 20100251)
2011 ND 8
Highlight: Personal matters do not justify or excuse an attorney's misconduct but are mitigating factors that may reduce a disciplinary sanction. |
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Investors Title Insurance Co. v. Herzig, et al.
2011 ND 7
Highlight: Although a district court generally loses jurisdiction when a notice of appeal is filed, an appeal does not stay proceedings for the enforcement of a judgment. |
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State v. Martin
2011 ND 6
Highlight: In interpreting a statute, the word "or" is generally disjunctive in nature and indicates an alternative between different things and actions. The literal meaning of the word "or" will apply unless it renders the statute inoperable or its meaning becomes questionable. |
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State v. Golden (Cross-reference w/20080301)
2011 ND 5 Highlight: Conviction for class C felony reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Berg v. Wysocki
2011 ND 4 Highlight: A judgment granting primary residential responsibility of a child to one parent, and parenting time to the other, is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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State v. Pelzl
2011 ND 3 Highlight: Judgment revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
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State v. Ames
2011 ND 2 Highlight: Order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Buller
2011 ND 1 Highlight: Sex offernder registration order summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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American Bank Center v. Wiest, et al.
2010 ND 251
Highlight: Fraud and deceit may be imputed from an agent to the principal. |
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RECALLND v. Jaeger
2010 ND 250
Highlight: The North Dakota Constitution limits the people's recall power to "certain elected officials" holding offices created under the laws of North Dakota. |
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Interest of A.B., a Child (CONFIDENTIAL)(CONSOLIDATED W/201000352)
2010 ND 249 Highlight: A juvenile court may terminate a parent's right to a child if the court finds the child is a deprived child; the conditions and causes of deprivation are likely to continue; and the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm. |
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State v. Buckley
2010 ND 248
Highlight: A conviction for manslaughter does not improperly rely on guilt by omission where the prosecution proves the defendant engaged in conduct recklessly and failed to provide the proper level of care for the victim, the defendant's child. |
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Duff v. Kearns-Duff
2010 ND 247
Highlight: A parent's recent and relative financial contribution to a marriage is an impermissible consideration for analyzing child custody. |
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State v. Charbonneau
2010 ND 246
Highlight: The Uniform Controlled Substances Act is not a habitual offender statute. |
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Grand Forks Housing Authority v. Grand Forks Board of County Commissioners
2010 ND 245
Highlight: A housing authority may agree to make payments to the state or a political subdivision in lieu of taxes, even when the property is tax-exempt. |
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State v. Franzen
2010 ND 244
Highlight: The continued seizure of a traffic violator after the purposes of the initial traffic stop are completed violates the Fourth Amendment unless the officer has reasonable suspicion for believing criminal activity is afoot. |
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Pizza Corner v. C.F.L. Transport
2010 ND 243 Highlight: The business records exception to the hearsay rule can apply to a document created by a third party if the offering company integrated the record into its own records and relied on it, and if the record meets the other requirements of N.D.R.Ev. 803(6). |
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City of Grand Forks v. Riemers
2010 ND 242 Highlight: Conviction for driving without liability insurance summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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In the Interest of Voisine
2010 ND 241 Highlight: Civil commitment of a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Miller
2010 ND 240 Highlight: Criminal judgment for unlawfully acting in the capacity of a contractor and two counts of theft of property summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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State v. Foss
2010 ND 239 Highlight: Criminal judgment for possession of a controlled substance and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Cody v. State
2010 ND 238 Highlight: An order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Gajewski v. State, et al.
2010 ND 237 Highlight: Order denying motion to vacate judgment summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Cavendish Farms v. Mathiason Farms (consolidated w/20100123)
2010 ND 236
Highlight: Although N.D.C.C. 41-01-18 does not authorize a separate, independent claim for relief for breach of the duty of good faith, a failure to perform or enforce a contractual duty or obligation in good faith constitutes a breach of the contract. |
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B.D.H., et al. v. Mickelson, et al.
2010 ND 235 Highlight: North Dakota law precludes a child from bringing a claim against medical providers for wrongful life claim in which the child alleges he or she was born with impairments and would not have been born but for a doctor's negligent advice or treatment of the child's mother. |
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Hoover v. N.D. Dept. of Transportation (cross-reference 20070258)
2010 ND 234 Highlight: A judgment revoking a driver's license is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Huether
2010 ND 233
Highlight: Voluntary consent is an exception to the warrant requirement, and the prohibition against the warrantless entry of a person's home does not apply when voluntary consent has been obtained from the individual whose property is searched or from a third party who possesses common authority over the premises. |
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State v. Steffes
2010 ND 232 Highlight: A Fourth Amendment seizure occurs when a police officer orders a person to do something or demands a response. |
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Hunt v. Hunt
2010 ND 231
Highlight: A property division need not be equal to be equitable--especially when a marriage is not long-term--but a substantial disparity must be explained. |
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State v. Zink
2010 ND 230
Highlight: A district court's denial of a motion to suppress evidence will be affirmed unless there is insufficient competent evidence to support the decision, or unless the decision goes against the manifest weight of the evidence. |
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State v. Moore
2010 ND 229
Highlight: The substance of a motion, not the district court's label, determines its proper classification. |
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State v. Duffy
2010 ND 228 Highlight: Criminal judgment for assault summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Curran v. N.D. Workforce Safety & Insurance
2010 ND 227
Highlight: A preexisting injury is not compensable unless the employment substantially accelerates its progression or substantially worsens its severity. |
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Everett v. State (cross-reference 20080063 and 20090244)
2010 ND 226 Highlight: Dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Schmidt v. Warwick Public School District #29, et al.
2010 ND 225 Highlight: Judgment of dismissal in a wrongful termination case is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6). |
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State v. Delaney
2010 ND 224 Highlight: Conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Blurton v. State
2010 ND 223 Highlight: An order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). |
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State v. Berglund
2010 ND 222 Highlight: Conviction for a second or subsequent violation of a domestic violence protection order summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Missouri Breaks, et al. v. Burns, et al.
2010 ND 221
Highlight: A bankruptcy court's confirmation of a reorganization plan is binding on the debtor and any creditor, and, for purposes of res judicata, confirmation is a valid, final judgment by a court of competent jurisdiction. |
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Markwed Excavating, Inc. v. City of Mandan
2010 ND 220
Highlight: A clause in a construction contract prohibiting a contractor from recovering damages for delay and granting an extension of time is enforceable if the requirements for a valid contract are satisfied. |
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Wong v. State
2010 ND 219 Highlight: A district court cannot on its own put an applicant for post-conviction relief to his proof. Only a party can move for summary disposition under post-conviction relief. |
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Sanders v. Gravel Products, Inc. (cross-ref w/ 20080001)
2010 ND 218
Highlight: Federal and state courts have concurrent jurisdiction over participant or beneficiary suits to recover benefits under an ERISA plan, to enforce rights under the plan, or to clarify rights to future benefits. |
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State v. Hager
2010 ND 217
Highlight: Federal securities laws do not preempt state securities laws that require registration of individuals involved in the sale of securities. |
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Gussiaas v. Neustel
2010 ND 216
Highlight: A move by a parent with primary residential responsibility either out-of-state or in-state, accompanied by other circumstances, may be viewed as a material change of circumstances. |
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JLY Transport v. WSI
2010 ND 215 Highlight: The Workforce Safety & Insurance fund is not required to prove a compensable injury occurred before entering into a stipulated settlement with a worker. |
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State v. Walker
2010 ND 214
Highlight: A defendant may be treated as the principal actor in a crime and convicted of an offense on the basis of the actions of an accomplice. |
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Johnson v. State (CONSOLIDATED W/20090322)
2010 ND 213 Highlight: The Uniform Post-Conviction Procedure Act does not entitle a district court, on its own motion, to dismiss a claim on the basis of the affirmative defenses of res judicata or misuse of process. |
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Flemming v. Flemming
2010 ND 212 Highlight: A default divorce judgment is subject to N.D.R.Civ.P. 60(b) and is not typically appropriate for appeal. |
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Masset v. N.D. Dep't of Transportation
2010 ND 211 Highlight: Every administrative agency must maintain an official record of each adjudicative proceeding heard by it. |
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State v. Aguero (Consol. w/ 20090254)
2010 ND 210
Highlight: The U.SConstitution forbids the routine use of visible physical restraints during the guilt phase of a criminal trial, unless the use is justified by an essential state interest. |
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Holbach v. State (Consolidated w/ 20100142-20100146)
2010 ND 209 Highlight: District court orders denying application for post-conviction relief, order denying motion to amend the judgment, and order on request for return of personal property are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of Disbrow
2010 ND 208 Highlight: A district court order of commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of R.J. (CONFIDENTIAL)(CONS. w/20100299 - 20100303)
2010 ND 207 Highlight: Juvenile court's order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Nelson v. Nelson
2010 ND 206 Highlight: Divorce judgment denying request for spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Szklarski
2010 ND 205 Highlight: Judgment revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Johnson (cross ref. 20100001)
2010 ND 204 Highlight: District court order denying a motion to extend the time to file a notice of appeal is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Kidwell v. McLean County et al.
2010 ND 203 |
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Vanderscoff v. Vanderscoff
2010 ND 202
Highlight: A motion for reconsideration may be treated as a motion to alter or amend a judgment under N.D.R.Civ.P. 59(j) or as a motion for relief from a judgment or order under N.D.R.Civ.P. 60(b). |
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Lange v. Dep't of Transp.
2010 ND 201
Highlight: An arrestee has the responsibility to assert the right to an independent chemical test for intoxication. |
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Renville v. Renville
2010 ND 200 Highlight: Trial court's valuation of parties' business in divorce proceedings summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Joyce v. Joyce
2010 ND 199
Highlight: A prima facie case for a change of primary residential responsibility requires facts that, if proved at an evidentiary hearing, would support a change of custody that could be affirmed if appealed. |
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Johnson v. N.D. Workforce Safety & Insurance, et al.
2010 ND 198 Highlight: In reapplying for workers compensation disability benefits, a claimant must show both a significant change in a compensable medical condition and an actual wage loss caused by the significant change in the medical condition. |
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Hoggarth, et al. v. Kropp
2010 ND 197
Highlight: "Disorderly conduct" for the purposes of a disorderly conduct restraining order depends on the total behavior of the respondent, not merely the particular content of speech. |
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Marsden v. Koop
2010 ND 196
Highlight: An extramarital relationship may be relevant to primary residential responsibility if the children were affected by it. |
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R.F. v. M.M., et al. (CONFIDENTIAL)
2010 ND 195
Highlight: When the plaintiff is not the appropriate party to bring an action under a statute, the court must give the party a reasonable time for ratification, joinder, or substitution of the real party in interest before dismissing the action. |
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Entzie v. Entzie
2010 ND 194
Highlight: In calculating a child support obligation, a district court must specifically find an obligor's tax returns are not an adequate reflection of income or are not a reliable indicator of future income before the court can refuse to consider tax return information. |
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State v. Fischer
2010 ND 193 Highlight: Criminal judgment for assault on a peace officer and terrorizing summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Interest of D.V.A. (CONFIDENTIAL) (Cross-Ref w/20080319)
2010 ND 192 Highlight: Order continuing commitment as sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Peltier
2010 ND 191 Highlight: Conviction on two counts of gross sexual imposition summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Matter of M.D. (CONFIDENTIAL)
2010 ND 190 Highlight: Civil commitment of a sexually dangerous person summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Fehl-Haber v. State
2010 ND 189 Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Pankowski
2010 ND 188 Highlight: Conviction of possession with intent to manufacture or deliver a controlled substance (methamphetamine) and with intent to flee or attempt to elude a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Disciplinary Board v. Lucas
2010 ND 187 Highlight: Rule 4.2 of the North Dakota Rules of Professional Conduct, prohibiting attorneys from communicating with a represented party, applies to attorneys who are representing themselves. |
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Sailer v. Sailer
2010 ND 185
Highlight: The substantive enforceability of a premarital agreement is a matter of law to be decided by the court. |
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State v. Adams
2010 ND 184
Highlight: Those who voluntarily choose to live with probationers assume the risk that they, too, will have diminished Fourth Amendment rights in areas shared with the probationer. |
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Quality Bank, et al. v. Cavett
2010 ND 183
Highlight: Whether a contract is unconscionable is a question of law for the court to decide and depends upon the factual circumstances of each case. |
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Bjarko v. State (consolidated w/20100071)
2010 ND 182 Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Kraft
2010 ND 181 Highlight: Judgment of conviction of manufacturing methamphetamine and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Darby v. State
2010 ND 180 Highlight: District court amended order denying an application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Penor
2010 ND 179 Highlight: Criminal judgment for unauthorized use of a motor vehicle summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Interest of B.B. (CONFIDENTIAL)
2010 ND 178 Highlight: District court judgment terminating parental rights instead of ordering a guardianship is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4). |
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State v. Jackson
2010 ND 177 Highlight: Driving under suspension conviction summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Rayas v. Marchus, et al.
2010 ND 176 Highlight: Dismissal of case barred by the applicable statute of limitations is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Thompson v. Jaeger
2010 ND 174
Highlight: A word or a phrase repeated in a constitutional provision is generally given the same meaning throughout the constitution. |
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Adoption of S.M.G. (CONFIDENTIAL)
2010 ND 173
Highlight: A district court's decision cannot be reviewed when the court does not provide any indication of the evidentiary and theoretical basis for its decis |
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Interest of S.L.W. (CONFIDENTIAL)
2010 ND 172
Highlight: An alleged father cannot, in a subsequent paternity action, challenge a prior judgment disestablishing the paternity of a presumed or adjudicated father based upon an allegation that the prior action was barred by the statute of limitations. |
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Interest of Maedche
2010 ND 171 Highlight: North Dakota's commitment of sexually dangerous individuals statute is not unconstitutionally void for vagueness. |
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Kannianen v. White
2010 ND 170 Highlight: When interpreting the language of a prior judgment, a court must presume that the original trial judge considered existing statutes and relevant caselaw, and intended the judgment to conform to the applicable legal standards. |