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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.

4291 - 4300 of 12418 results

Investors Title Insurance Co. v. Herzig, et al. (Consol. w/20090052) 2010 ND 138
Docket No.: 20090051
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
At common law, a cause of action to enforce a penalty does not survive the death of either party unless the penalty is contractual. Causes that are remedial or contractual survive.
A remedial sanction includes a sanction that is conditioned upon performance or nonperformance of an act required by court order. A sanction requiring payment of money is remedial if imposed to compensate a party or complainant, other than the court, for loss or injury suffered as a result of the contempt.

State v. Poitra 2010 ND 137
Docket No.: 20090339
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A defendant claiming statements in an affidavit for a search warrant are false or misleading because important information was omitted must show: (1) law enforcement omitted facts with the intent or in reckless disregard of whether they made the affidavit misleading, and (2) the affidavit would not have been sufficient to support a finding of probable cause if the omitted information had been included.
A juvenile does not have a statutory right to have an attorney present when a search warrant is executed.
A person cannot take advantage of his own wrong.

Schirado v. Foote, et al. 2010 ND 136
Docket No.: 20090282
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A nonparent seeking to qualify as a person acting as a parent under the Uniform Child Custody Jurisdiction and Enforcement Act must claim a right to legal custody under the laws of North Dakota. At a minimum, this requires claiming right to legal custody prior to or simultaneous with commencement of the pending litigation.

Interest of M.W. (CONFIDENTIAL) 2010 ND 135
Docket No.: 20100047
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Juvenile Law
Author: Maring, Mary

Highlight: When a child attains the age of twenty years, all juvenile court orders affecting the child then in force terminate and the child is discharged from further obligation or control.
When a child attains the age of twenty years, the juvenile court is without jurisdiction to issue an order transferring charges to the district court.

State v. Lehman 2010 ND 134
Docket No.: 20100002
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: To grant a judgment of acquittal, a court must find there is insufficient evidence to sustain a conviction.
The parties must object to an instruction, or failure to give an instruction, on the record.
The standard of review for reconciling a jury verdict is whether the verdict is legally inconsistent.

Halvorson, et al. v. Starr, et al. 2010 ND 133
Docket No.: 20100068
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: The computation of time for statutory notice of lapse of mineral interest is governed by N.D.C.C. 1-02-15, not the North Dakota Rules of Civil Procedure.

State v. Irwin 2010 ND 132
Docket No.: 20100082
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A defendant does not suffer a manifest injustice when pleading guilty to a fifth DUI in seven years, although at the time of arrest he has not yet been convicted of his fourth DUI in seven years.

Interest of C.H. (Confidential) 2010 ND 131
Docket No.: 20100162
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: In determining whether an individual is a "person requiring treatment," a district court must consider (1) whether the individual is "mentally ill," and (2) whether there is a reasonable expectation that, if the individual is not hospitalized, there exists a serious risk of harm to himself, others, or property.

Boeckel v. Boeckel 2010 ND 130
Docket No.: 20090302
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Where evidence of domestic violence exists, the district court must make specific and detailed findings regarding the application of the presumption against awarding custody to the perpetrator of domestic violence.

State v. Everett 2010 ND 129
Docket No.: 20090386
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

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