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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.

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State v. Gonzales 2023 ND 202
Docket No.: 20230129
Filing Date: 10/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 12.1-32-08, a district court may enter restitution for damages or expenses sustained by a victim that are immediate, intimate, causally connected and directly related to the criminal offense the defendant pleaded guilty or was found guilty.

State v. Ortiz 2023 ND 201
Docket No.: 20230126
Filing Date: 10/26/2023
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court’s judgment sentencing a defendant to 55 years of incarceration is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Padilla v. Klimpel, et al. 2023 ND 200
Docket No.: 20230099
Filing Date: 10/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Interest of E.E.J.-C. (Confidential) 2023 ND 199
Docket No.: 20230091
Filing Date: 10/26/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order denying petition for guardianship of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Montenegro 2023 ND 198
Docket No.: 20230088
Filing Date: 10/26/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury conviction of harassment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Severance v. Howe 2023 ND 197
Docket No.: 20230084
Filing Date: 10/26/2023
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: The tort of battery exists at common law. A person is civilly liable for offensive-contact battery if he or she (1) acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (2) an offensive contact with the person of the other directly or indirectly results.

North Dakota is a notice pleading state. North Dakota’s rules do not require plaintiffs to allege every element of their claim. The formal character of a complaint does not strictly determine the cause of action.

Whether to abrogate a common law claim is a policy matter for the Legislature to decide.

Section 28-01-46, N.D.C.C, which requires plaintiffs to submit an affidavit containing an expert opinion to support a prima facie case of professional medical negligence, does not apply to a claim for the intentional tort of battery.

State v. Whitetail 2023 ND 196
Docket No.: 20230044
Filing Date: 10/11/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: Under N.D.R.Crim.P. 29(a), the district court must enter judgment of acquittal upon a defendant’s motion if the evidence presented at trial is insufficient to sustain a conviction. When the sufficiency of evidence to support a criminal conviction is challenged on appeal, the record is reviewed to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. The defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

Hillestad v. Small 2023 ND 195
Docket No.: 20230006
Filing Date: 10/11/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: There is no presumption in North Dakota law for or against equal residential responsibility.

Primary caretakers do not receive presumptive status but may receive recognition in residential responsibility determinations.

A holiday schedule is not clearly erroneous if it is in the best interests of the child.

Tie-breaking decision-making authority must be awarded in the best interests of the child.

Interest of C.K. 2023 ND 194
Docket No.: 20230293
Filing Date: 10/11/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of C.K. 2023 ND 194
Docket No.: 20230293
Filing Date: 10/11/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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