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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.

4301 - 4310 of 12428 results

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).

State v. Colby 2010 ND 128
Docket No.: 20100057
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Kuhn 2010 ND 127
Docket No.: 20100060
Filing Date: 7/7/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for ninety days and ordered to pay the costs and expenses of the proceeding for violating N.D.R. Prof. Conduct 1.14, Client With Limited Capacity.
Drafting a will for a client who has been declared incapacitated without obtaining permission or authorization from the client's court-appointed guardian is a violation of N.D.R. Prof. Conduct 1.14.

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