Search Tips

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.

4311 - 4320 of 12382 results

Arnegard, et al. v. Cayko, et al. 2010 ND 83
Docket No.: 20090222
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Tax Realted
Author: VandeWalle, Gerald

Highlight: The primary objective in interpreting a statute is to determine the intent of the legislature by first looking at the language of the statute and giving words their plain, ordinary, and commonly understood meaning, unless the words are defined in the code or the drafters clearly intended otherwise.
An individual claiming a tax exemption has the burden of establishing exempt status.
A residence does not qualify for a farm residence tax exemption under N.D.C.C. 57-02-08(15) if it is occupied by an individual whose nonfarm income exceeds his or her farm income for three consecutive years preceding the year for which the exemption is applied or the individual's nonfarm income exceeds $40,000 each year during the three preceding years.

State v. Gietzen 2010 ND 82
Docket No.: 20090307
Filing Date: 5/11/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: After a chemical analysis is received into evidence, the propriety of the blood draw is a question of fact affecting the weight to be given the results of the chemical analysis.
Form 104 can establish the evidentiary foundation for the admission of chemical analyses.
Form 104 provides evidentiary foundation and does not seek to conclusively establish an element of the charged crime.

Jacob v. State 2010 ND 81
Docket No.: 20090340
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Proposed expert testimony must be viewed within the context of the other evidence and the overall conduct of the trial when a post-conviction relief petitioner alleges ineffective assistance of counsel.

Perius v. Nodak Mutual Ins. Co., et al. 2010 ND 80
Docket No.: 20090239
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Affidavits supporting and opposing a motion for summary judgment must be made on personal knowledge, set forth facts that would be admissible in evidence, and show affirmatively the affiant is competent to testify to the matters stated in the affidavit.
An affidavit of an expert submitted in opposition to a supported motion for summary judgment must set forth specific facts showing there is a genuine issue for trial.

State v. Ebertz 2010 ND 79
Docket No.: 20090245
Filing Date: 5/11/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: The Supreme Court has authority under N.D. Const. art. VI, sec. 3, to promulgate the procedural rules followed by the courts, and a procedural rule adopted by the Supreme Court prevails in a conflict with a statutory procedural rule.
Under N.D.R.Crim.P. 32.1, when a court orders a deferred imposition of sentence, the defendant's case will automatically be dismissed sixty-one days after probation terminates or expires, unless the court orders otherwise before dismissal.

Delvo v. State 2010 ND 78
Docket No.: 20090291
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Summary disposition of a post-conviction relief application is appropriate if the applicant, after being put on notice the State was putting him to his or her proof, fails to supplement the application with competent admissible evidence showing a genuine issue of material fact.

Tarnavsky v. Rankin 2010 ND 77
Docket No.: 20100035
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Order denying motion for relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1),(4), and (7), and double costs, including reasonable attorney fees in the nominal amount of $500, are awarded to the appellee for defending a frivolous appeal.

Riemers v. Eslinger, et al. 2010 ND 76
Docket No.: 20090242
Filing Date: 5/11/2010
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Kapsner, Carol

Highlight: Under Article I, section 13 of the Constitution of North Dakota, a person has the right to a jury trial for the alleged violation of a municipal ordinance when the ordinance authorizes a fine of twenty or more dollars.

State v. Koenig 2010 ND 75
Docket No.: 20090391
Filing Date: 5/11/2010
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered upon a jury verdict finding the defendant guilty of allowing livestock to run at large is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), and (4).

Skarsgard v. State (consolidated w/20090334-20090336) 2010 ND 74
Docket No.: 20090333
Filing Date: 5/11/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying applications for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Page 432 of 1239