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 - 4400 of 12418 results
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State v. Colby
2010 ND 128 Highlight: Criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Kuhn
2010 ND 127
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. |
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Workforce Safety & Insurance v. Auck
2010 ND 126
Highlight: In an administrative agency case, the factual findings from a final decision by an independent administrative law judge are reviewed under the same standard of review used for agency decisions. The legal conclusions from a final decision by an independent administrative law judge are not entitled to similar deference and are reviewed in the same manner as legal conclusions generally. |
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Lenton v. Lenton
2010 ND 125
Highlight: When a finding of domestic violence is based solely on fear of physical harm, the fear must be of imminent physical harm. |
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American Bank Center v. Schuh, et al.
2010 ND 124 Highlight: A party seeking relief from a default judgment under N.D.R.Civ.P. 60(b)(i) must make some showing of why he was justified in failing to avoid mistake or inadvertence. |
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State v. Bernsdorf
2010 ND 123 Highlight: The State cannot appeal a judgment of acquittal. |
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Aurora Medical Park v. Kidney & Hypertension Center
2010 ND 122
Highlight: In an eviction action the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed. |
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State v. Wanner
2010 ND 121
Highlight: The purpose of sequestration is to prevent one witness's testimony from influencing another. |
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State v. Mohl
2010 ND 120 Highlight: An officer observing a vehicle touch the fog line approximately sixteen times and the center line approximately eight times in three miles has reasonable suspicion to stop the vehicle. |
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Brummund v. Brummund (Cross Ref w/ 20080170)
2010 ND 119 Highlight: Under the Uniform Premarital Agreement Act, prospective spouses may contract with respect to their rights in the property of either or both of them whenever and wherever acquired, and may specify the disposition of property upon divorce. |
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Burris Carpet Plus, Inc. v. Burris, et al.
2010 ND 118
Highlight: To prevail on a trademark infringement claim, a plaintiff must first show it has a valid mark that merits protection. |
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State v. Emil (Consolidated w/20090287)
2010 ND 117
Highlight: The State may appeal from an order suppressing evidence only "when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding." |
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Holbach v. Holbach, et al.
2010 ND 116
Highlight: When a settlement agreement is wholly incorporated into a divorce judgment, the settlement is merged into the judgment and ceases to be independently viable. |
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State v. Gunderson
2010 ND 115 Highlight: Order requiring restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Ellis v. North Dakota State University
2010 ND 114 Highlight: When this Court has decided a legal question and remanded the case for further proceedings, the question will not be decided differently on a subsequent appeal in the same case where the facts remain the same. |
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Hanneman v. Nygaard
2010 ND 113
Highlight: An involuntary dismissal of a plaintiff's action, which does not otherwise specify, operates as an adjudication on the merits. |
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City of Mandan v. Gerhardt
2010 ND 112
Highlight: Permissible types of law enforcement-citizen encounters include: (1) arrests, which must be supported by probable cause; (2) "Terry" stops, seizures which must be supported by a reasonable and articulable suspicion of criminal activity; and (3) community caretaking encounters, which do not constitute Fourth Amendment seizures. |
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State v. McKay (Consolidated w/20090296 - 20090298 & 20090342)
2010 ND 111 Highlight: Judgment of conviction for aggravated assault and order revoking probation are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Martinson v. Martinson
2010 ND 110 Highlight: In deciding a request for attorney fees and costs under N.D.C.C. 14-05-23, a court must balance one party's needs against the other party's ability to pay and consider whether either party's actions unreasonably increased the time and expenditures on the case. |
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State v. Bauer
2010 ND 109
Highlight: The nonexistence of self-defense instruction given by the trial court correctly provides that the burden of proof is on the State to prove beyond a reasonable doubt that the defendant was not acting in self-defense. |
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State v. Dahl (consolidated w/20090262)
2010 ND 108
Highlight: A criminal defendant is incompetent to stand trial when he lacks sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or when he lacks a rational as well as factual understanding of the proceedings against him. The essence of being able to consult with a lawyer with a reasonable degree of rational understanding is the ability to coherently confer with counsel and provide necessary and relevant information to formulate a defense. |
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Eberle v. Eberle
2010 ND 107
Highlight: A fee for transcript preparation for appellate review is properly taxed by the clerk as a necessary disbursement for the prevailing party on appeal. |
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State v. Clark (Consolidated w/20090234-20090238)
2010 ND 106
Highlight: When no plea is taken and judgment is pronounced on the theory that a guilty plea has been entered, the judgment is a nullity and thus void. |
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State v. Pixler (Consolidated w/20090311)
2010 ND 105
Highlight: The age, education, and mental capacity of the defendant, his background and experience, and his conduct at the time of the alleged waiver are probative factors bearing on whether an accused has validly waived counsel and pled guilty. |
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Estate of Eggl
2010 ND 104
Highlight: In an unsupervised probate, a district court order settling all of a claimant's claims is appealable without a N.D.R.Civ.P. 54(b) certification. |
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Interest of D.H. (CONFIDENTIAL)
2010 ND 103 Highlight: Parental rights may be terminated when a child is deprived, and the court finds (1) that the conditions and causes of the deprivation are likely to continue, and (2) that such continued deprivation will probably cause the child to suffer serious physical, mental, moral, or emotional harm. |
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M.M., et al. v. Fargo Public School Dist. #1, et al.
2010 ND 102
Highlight: The recreational use immunity statutes do not bar suits against school districts brought by students injured on school grounds during the school day. |
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State ex. rel. Schlect v. Wolff
2010 ND 101
Highlight: An appellate court will not engage in unassisted searches through parties' briefs for a rationale supporting a court's decision. |
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Paulson v. Paulson
2010 ND 100
Highlight: Because a discretionary trust interest is an expectancy that gave no assurance of any future benefit, the trial court did not err in excluding the trust from the marital estate. |
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Dutton v. Workforce Safety & Insurance
2010 ND 99
Highlight: A permanent partial impairment evaluation must be conducted by an independent, unbiased physician. |
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Matter of Midgett (Cross-Ref w/20080255 & 20070109)
2010 ND 98 Highlight: Where the district court makes sufficiently detailed findings of fact, supported by the record, on whether a committed individual has serious difficulty controlling his behavior, the reviewing court will not reverse on that issue. |
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City of Fargo v. Knodle
2010 ND 97 Highlight: Judgment entered after defendant was found guilty of driving while under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Disciplinary Board v. Wolff (Interim Suspension)
2010 ND 96 Highlight: Interim suspension of lawyer ordered. |
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Botner v. Bismarck Parks, et al.
2010 ND 95
Highlight: Whether the district court properly granted summary judgment is a question of law reviewed de novo on the entire record. |
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Sonnenberg v. Sonnenberg
2010 ND 94
Highlight: When an obligor owes a duty of support to at least one obligee, as well as a duty of support to a child living with the obligor who is not also a child of that obligee, the child support guidelines require that the district court make an allowance for the child living with the obligor. |
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Estate of Loomer (cross ref. w/20070018)
2010 ND 93
Highlight: Partition is an equitable remedy governed by equitable principles, and district courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties. |
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Skogen, et al. v. Hemen Township Board, et al.
2010 ND 92
Highlight: A township has a mandatory duty to construct or reconstruct a township road in a manner that does not obstruct the natural flow and drainage of surface waters in accordance with the stream crossing standards prepared by the department of transportation and the state engineer. |
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Stenehjem, ex rel. v. Crosslands, Inc.
2010 ND 91
Highlight: For the purposes of the corporate farming law, "the land in question" refers to the entire tract purchased and requires the court to view the property as a single tract. |
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State v. Moe
2010 ND 90 Highlight: The standard for reconciling a jury verdict is whether the verdict is legally inconsistent. Verdicts are not legally inconsistent when they can legally coexist and when the jury's findings are not clearly contrary to the evidence. |
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State v. Smith
2010 ND 89
Highlight: Whether the trial court's findings of fact reach the level of probable cause is a question of law, fully reviewable on appeal. |
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State ex rel. Harris v. Lee, et al.
2010 ND 88
Highlight: The Supreme Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Dupay v. Dupay
2010 ND 87
Highlight: Proceeds from a personal injury settlement must be considered in calculating an obligor's income for child support purposes. |
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Erickson, et al. v. Erickson, et al.
2010 ND 86
Highlight: A claim of constructive fraud requires reviewing the circumstances leading to the formation of the contract. |
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Sheets v. Farhart Law Firm, et al.
2010 ND 85
Highlight: On appeal from a bench trial, a district court's findings of fact will not be overturned unless clearly erroneous. |
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Interest of A.R. (CONFIDENTIAL)
2010 ND 84
Highlight: A violation of the disorderly conduct statute does not necessarily depend on the particular content of the speech involved, but on the behavior. |
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Arnegard, et al. v. Cayko, et al.
2010 ND 83
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. |
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State v. Gietzen
2010 ND 82
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. |
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Jacob v. State
2010 ND 81 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. |
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Perius v. Nodak Mutual Ins. Co., et al.
2010 ND 80
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. |
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State v. Ebertz
2010 ND 79
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. |
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Delvo v. State
2010 ND 78 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. |
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Tarnavsky v. Rankin
2010 ND 77 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. |
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Riemers v. Eslinger, et al.
2010 ND 76 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. |
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State v. Koenig
2010 ND 75 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). |
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Skarsgard v. State (consolidated w/20090334-20090336)
2010 ND 74 Highlight: Order denying applications for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wery v. State
2010 ND 73 Highlight: Order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Jackson
2010 ND 72 Highlight: A criminal judgment is affirmed under N.D.R.App.P. 35.1(a)(2) and (3). |
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State v. Tibor
2010 ND 71 Highlight: A trial court order denying the defendant's motion for a new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Tarnavsky v. Tschider
2010 ND 70 Highlight: Summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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Schmidt, et al. v. Gateway Community Fellowship, et al.
2010 ND 69 Highlight: To assess recreational use immunity in cases where recreational purposes are mixed with nonrecreational purposes, the proper inquiry requires analysis of the totality of the circumstances and all relevant social and economic aspects of the activity, including the extrinsic nature of the activity, the type of service or commodity offered to the public, and the activity's purpose and consequence. |
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Davidson v. State
2010 ND 68
Highlight: When a settlement agreement is merged into a judgment, the agreement is interpreted and enforced as a final judgment and not as a separate contract. |
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Davis v. Davis
2010 ND 67
Highlight: Administrative rules are derivatives of statutes and are construed using well-established principles of statutory construction. |
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State v. Loh (CONSOLIDATED W/20090099)
2010 ND 66
Highlight: Warrantless electronic monitoring and recording of a defendant's face-to-face conversations with a confidential informant, with the informant's consent, occurring in the informant's car does not violate North Dakota's constitutional search and seizure provision. |
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Odom v. State (Consolidated w/ 20090249)
2010 ND 65 Highlight: On a post-conviction ineffective-assistance-of-counsel claim, if an appellant has failed to meet the first burden of proving that his counsel's representation fell outside of the wide range of reasonable professional assistance, it is unnecessary to address the argument that the appellant was prejudiced by his counsel's claimed deficient performance. |
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Estate of Fisk
2010 ND 64
Highlight: The review of fees paid or taken by a personal representative is left to the sound discretion of the district court. |
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State v. Wolfer
2010 ND 63
Highlight: The severity of a legal infraction is not relevant when determining whether the officer had reasonable and articulable suspicion to initiate a stop. |
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Laib v. Laib
2010 ND 62 Highlight: An appellant who fails to raise an argument concerning a denied motion in an appeal cannot bring the same motion two years later and appeal its denial. |
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State v. Fickert
2010 ND 61
Highlight: Where a defendant seeks to plead guilty over interactive video network ("IVN"), if defense counsel appears from a site separate from the defendant, the district court must (1) make a finding on the record that the defense counsel's participation from a separate site is necessary; (2) confirm on the record that the defendant has knowingly and voluntarily consented to defense counsel's participation from the separate site; and (3) allow confidential attorney-client communication if requested. |
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RRMC Construction v. Bill Barth
2010 ND 60
Highlight: A district court does not err when it decides between two permissible views of the evidence. |
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Wolfer v. N.D. Dept. of Transportation
2010 ND 59 Highlight: The Department of Transportation cannot unilaterally, without notice, decide to take the testimony of a witness telephonically at a hearing on the revocation or suspension of an individual's driving privileges. |
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Morton County Social Service Board, et al. v. Cramer
2010 ND 58
Highlight: A stricter statutory standard for modifying custody applies when a motion to modify custody is made within two years of a prior order establishing custody. |
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State v. M.B. (CONFIDENTIAL)
2010 ND 57 Highlight: Whether a statute is unconstitutional is a question of law, and a statute will be upheld unless its challenger demonstrates the statute is unconstitutional. |
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Seiler v. Dept. of Human Services
2010 ND 55
Highlight: An appeal from an administrative decision must challenge the agency's ultimate decision; otherwise, the court is called on to issue an impermissible advisory opinion. |
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Hoffner v. Job Service N.D.
2010 ND 54 Highlight: Judgment affirming Job Service North Dakota's denial of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Smestad (consolidated w/20090272, 20090273, & 20090303)
2010 ND 53 Highlight: Criminal judgments entered upon guilty pleas of theft of property and an order revoking probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Delaney
2010 ND 52 Highlight: District court judgment entered after a jury found defendant guilty of abuse or neglect of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Mertz v. 999 Quebec, Inc., et al.
2010 ND 51 Highlight: An order granting summary judgment is not appealable, but an attempted appeal from an order granting summary judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists. |
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Great Western Bank v. Willmar Poultry Co.
2010 ND 50
Highlight: Statutory lien laws are remedial and will be liberally construed to effectuate their purpose of protecting those who contribute labor, skill, or materials. |
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Home of Economy v. Burlington Northern (Cross Ref. w/20070002 & 20040267)
2010 ND 49
Highlight: The party asserting the existence of a public road by prescription bears the burden of proving the general, continuous, uninterrupted, and adverse use of the road by the public under a claim of right for twenty years. |
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Jarick Products v. MID AM Group, et al.
2010 ND 48 Highlight: District court order denying Peterson's motion to vacate a default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Van Beek, et al. v. Umber, et al.
2010 ND 47 Highlight: A trial court's award of attorney's fees and costs under N.D.C.C. 28-26-31 is discretionary, but the court's exercise of that discretion must be based on evidence that the pleadings were made without reasonable cause and not in good faith, and are found to be untrue. |
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Interest of K.J., et al. (CONFIDENTIAL) (consolidated w/20090265)
2010 ND 46
Highlight: A juvenile court may terminate parental rights if there is clear and convincing evidence: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will in the future probably suffer serious physical, mental, moral or emotional harm.. |
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Harris v. Harris
2010 ND 45
Highlight: There is no statute or rule authorizing an appeal to district court from a magistrate's decision on a disorderly conduct restraining order. |
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Westby v. Schmidt, et al.
2010 ND 44
Highlight: Flaws and weaknesses in an expert witness's opinion go to the weight the trier of fact should give the opinion and not its admissibility. |
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State ex rel. Dept. of Labor v. Riemers, et al.
2010 ND 43 Highlight: A party who fails to appeal from an order denying a motion for relief from judgment under N.D.R.Civ.P. 60(b) waives any issues covered therein and may not simply file a second N.D.R.Civ.P. 60(b) motion on the same grounds in lieu of an appeal. |
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Zimmerman v. WSI, et al.
2010 ND 42 Highlight: An injured worker may be entitled to temporary partial disability benefits for a cumulative total of five years. |
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Dunn v. ND Dept. of Transportation
2010 ND 41
Highlight: Judicial estoppel prohibits a party from taking inconsistent or contradictory positions during litigation. |
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McAllister v. McAllister, et al.
2010 ND 40
Highlight: Granting visitation to a third party is a lesser intrusion on a parent's constitutional right to the custody and companionship of his or her children than granting decisionmaking responsibility and primary residential responsibility to a third party. |
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State v. Dudley
2010 ND 39
Highlight: Under the automobile exception to the Fourth Amendment, a law enforcement officer may search a vehicle without a warrant if the officer has probable cause. |
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Tweed v. State
2010 ND 38
Highlight: To obtain post-conviction relief on the basis of newly discovered evidence, the petitioner must demonstrate (1) the evidence was discovered after trial; (2) the failure to learn about the evidence at the time of trial was not the result of a lack of diligence; (3) the newly discovered evidence is material to issues at trial; and (4) the weight and quality of the evidence would likely result in an acquittal. |
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Oie v. State
2010 ND 37 Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Henrickson
2010 ND 36 Highlight: A criminal judgment entered after a jury found the defendant guilty of escape is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Parisien v. Parisien
2010 ND 35
Highlight: A district court may award spousal support to a party in a divorce action for any period of time. Spousal support determinations are findings of fact and will not be set aside unless clearly erroneous. |
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Davis v. Enget, et al.
2010 ND 34
Highlight: In legal malpractice claims, expert testimony is generally required to establish the applicable standard of care and whether an attorney's conduct fell below that standard. |
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Wolt v. Wolt (cross ref. 20090103)
2010 ND 33
Highlight: A district court's finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous. A domestic violence protection order petitioner must prove "actual or imminent domestic violence" by a preponderance of the evidence. |
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Hagerott v. Morton Co. Bd. of Commissioners
2010 ND 32
Highlight: A person is aggrieved and has standing to appeal a county commission zoning decision if the person has some legal interest that may be enlarged or diminished by the decision appealed from. |
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Dufner v. Trottier (Consolidated w/20090251; Cross-Ref. with 20010163)
2010 ND 31
Highlight: Prolonged exposure to adult conflict is not in a child's best interests. |
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State v. Byzewski (CONSOLIDATED WITH 20090151)
2010 ND 30
Highlight: Under N.D.R.Crim.P. 11(a)(2), "a defendant may enter a conditional plea of guilty, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion." |
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State v. Addai
2010 ND 29
Highlight: During a stop of a vehicle, a law enforcement officer seizes every person in the vehicle, and therefore a passenger in the vehicle may challenge the legality of the stop. |
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Petition of Berger
2010 ND 28
Highlight: When a minor is involved, the requirement that the district court determine whether there is "proper and reasonable cause" for a proposed name change necessarily includes consideration of the best interests of the child. |