Opinions
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4401 - 4500 of 12403 results
Reciprocal Discipline of Varriano (cross ref. 20090258)
2010 ND 12 Highlight: Suspension of lawyer ordered. |
Lamb v. State Board of Law Examiners
2010 ND 11
Highlight: Admission to Practice Rule 13 is neither subordinate to N.D.C.C. 44-04-18 nor unconstitutional under N.D. Const. art. XI, sec. 6. |
State v. Thompson
2010 ND 10
Highlight: At trial, a party must renew an objection made in a pretrial motion to exclude evidence to properly preserve the issue for appellate review. |
Interest of B.B. (CONFIDENTIAL) (Cross Ref w/20070233)
2010 ND 9
Highlight: A pattern of parental conduct can form a basis for a reasonable prediction of future behavior. |
Matter of Hanenberg
2010 ND 8 Highlight: The definition of a sexually dangerous individual, in addition to the three statutory requirements, requires a nexus between the disorder and dangerousness, including evidence showing the individual to be committed has serious difficulty controlling his behavior, which distinguishes a sexually dangerous individual from other dangerous persons. |
Disciplinary Board v. Askew
2010 ND 7
Highlight: Disciplinary proceedings are reviewed de novo on the record. |
Horob v. Farm Credit Services of N.D., et al.
2010 ND 6
Highlight: Under the Uniform Commercial Code a security agreement may create a security interest in after-acquired collateral and may provide that the collateral will secure any obligation, including all existing and future loans or advances. |
Heinle v. Heinle
2010 ND 5
Highlight: A district court may determine the proper weight to assign to a custody investigator's recommendations, and the court's award of custody will not be overturned unless clearly erroneous. |
Everett v. State
2010 ND 4 Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
State v. Jensen
2010 ND 3
Highlight: A probationer's right to counsel at a revocation of probation hearing is statutorily based. |
Edwards v. Edwards
2010 ND 2 |
Judicial Vacancy in Judgeship No. 1, Northwest Judicial District
2010 ND 1 Highlight: Judgeship retained at Williston. |
Interest of W.K. (Confidential)
2009 ND 218
Highlight: A district court may order involuntary treatment and hospitalization or involuntary treatment with medication only if the court finds a person qualifies as a "person requiring treatment" as defined by N.D.C.C. 25-03.1-02(12). |
Lucas v. Riverside Park Condominiums Unit Owners Association
2009 ND 217
Highlight: Adverse rulings alone are not evidence of judicial bias or partiality. |
Judicial Vacancy in Judgeship No. 5, South Central Judicial District
2009 ND 216 Highlight: Judgeship retained at Bismarck. |
State v. Moore
2009 ND 215 Highlight: District court order setting restitution and amending criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
Woodward v. Woodward (Consolidated w/ 20090053)
2009 ND 214
Highlight: Civil contempt requires a willful and inexcusable intent to violate a court order, and a complainant must clearly and satisfactorily show that the alleged contempt has been committed. |
Minto Grain, et al. v. Tibert, et al.
2009 ND 213
Highlight: The district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal under the same standard as the district court, examining the sufficiency of the evidence viewing the evidence supporting the jury verdict as true, and deciding whether that evidence is so insufficient, reasonable minds could reach only one conclusion. |
Dunford v. Tryhus
2009 ND 212
Highlight: Statutes of limitations are a legal bar to a cause of action and begin to run when the underlying cause of action accrues. Accrual typically occurs at the commission of the wrongful act giving rise to the cause of action, and an injury usually arises contemporaneously with the wrongful act causing the injury. |
Ude v. Ude
2009 ND 211
Highlight: The district court may extend an existing protection order after the petitioner shows there has been actual or imminent domestic violence prior to the extension. |
State v. Grant
2009 ND 210
Highlight: In a sexual assault case, statements reasonably pertinent to the medical diagnosis and treatment of physical and psychological trauma are admissible under N.D.R.Ev. 803(4). |
Matter of T.O. (CONFIDENTIAL)
2009 ND 209 Highlight: A person can be committed as a sexually dangerous individual if the individual's likelihood to engage in further acts of sexually predatory conduct which constitutes a danger to the physical or mental health or safety of others is proven by evidence of the individual's scores on actuarial assessment instruments, violation of treatment center rules, failure to complete treatment, and acting out sexually. |
Machart v. Machart
2009 ND 208
Highlight: A child's preference to live with one parent can constitute a material change in circumstances, justifying a change in primary residential responsibility. |
First International Bank & Trust v. Peterson, et al.
2009 ND 207
Highlight: A lender that pays a borrower's debt by purchasing property at a foreclosure sale for the full amount of the indebtedness discharges guaranties on the loan. |
Matter of Lila Peterson's dogs (cross-reference with 20080094)
2009 ND 206
Highlight: Under N.D.C.C. 36-21.1-06(1), probable cause to confiscate an animal exists when a sheriff, police officer, licensed veterinarian, or investigator knows of facts and circumstances sufficient to warrant a reasonable belief that the animal is being unjustifiably exposed to cold or inclement weather or not being properly fed and watered. |
Hartleib v. Simes
2009 ND 205
Highlight: Procedural due process generally requires fundamental fairness, including notice and a meaningful opportunity to he heard, but the specific requirements of procedural due process are flexible and vary depending upon the circumstances of each case. |
State v. Dahl (Consolidated w/20090019)
2009 ND 204
Highlight: District courts can reject a defendant's waiver of the right to counsel if the defendant suffers from mental illness or impairment such that the defendant would not be competent to conduct trial proceedings, even if the defendant is otherwise competent to stand trial. |
Hruby v. Hruby
2009 ND 203
Highlight: In deciding whether to allow a custodial parent to relocate to another state with the child, the custodial parent's desire to move to live with a new spouse is a dominant factor in favor of allowing the move. |
Great Plains National Bank v. Leppert, et al.
2009 ND 202 Highlight: An amended foreclosure and money judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
State v. Booth
2009 ND 201 Highlight: A criminal judgment entered upon a guilty verdict of accomplice to criminal mischief is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Wilson (Consolidated w.20090204)
2009 ND 200 Highlight: District court judgments entered after a jury found defendant guilty of reckless endangerment and fleeing or attempting to elude a peace officer are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Matter of Wolff
2009 ND 199 Highlight: Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Sample v. N.D. Department of Transportation
2009 ND 198
Highlight: The Department of Transportation may suspend a motor vehicle dealer's license for violating N.D.C.C. 39-04-17. |
Swenson v. Workforce Safety & Insurance
2009 ND 197
Highlight: Inconsistencies in a medical expert's opinions may be considered by WSI in assessing the credibility of medical evidence. |
Landsiedel v. Director, N.D. Dept. of Transp. (consol. with 20090057)
2009 ND 196 Highlight: The Department of Transportation cannot unilaterally decide hearings regarding the suspension or revocation of drivers' licenses for alcohol-related offenses will be by telephone. |
Conservatorship of T.K.
2009 ND 195
Highlight: A conservator may be appointed for a protected person if the person is unable to manage property and affairs because of advanced age or mental deficiency. |
Matter of O.H.W. (Confidential)
2009 ND 194
Highlight: An alleged ethical violation by a testifying psychologist affects the weight and not the admissibility accorded the psychologist's opinion. |
Dunn v. Dunn
2009 ND 193
Highlight: A parent with joint custody who wishes to relocate to another state with the children must make a motion for change of custody and a motion to relocate with the child. |
Maisey v. N.D. Department of Transportation
2009 ND 191
Highlight: Checking boxes on the bottom of the report and notice form, without providing a more detailed written explanation, can be sufficient to show probable cause to believe a driver was driving under the influence of alcohol. |
State v. Kurtenbach (cross-reference w/20080338 through 20080340)
2009 ND 190 Highlight: A criminal judgment entered upon guilty pleas to one count of forgery and two counts of unauthorized use of personal identifying information is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
Lemer v. N.D. Workforce Safety & Insurance, et al.
2009 ND 188 Highlight: A district court judgment affirming an order of Workforce Safety & Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
Ernst v. State
2009 ND 187 Highlight: District court's order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1),(6), and (7). |
State v. Johnson
2009 ND 186 Highlight: A criminal judgment entered after a jury convicted the defendant of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
Matter of E.W.F. (CONFIDENTIAL)
2009 ND 185 Highlight: Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
AmeriFirst Home Improvement Finance Co. v. Kile, et. al
2009 ND 184 Highlight: District court judgment ordering payment of a contractual debt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). |
Thompson, et al. v. Schmitz, et al.
2009 ND 183
Highlight: Although a pleading may be impliedly amended by the introduction of evidence which varies the theory of the case and which is not objected to on the grounds it is not within the issues in the pleadings, consent to try an issue outside the pleadings cannot be implied from evidence which is relevant to the pleadings but which also bears on an unpleaded issue. |
State v. Ness
2009 ND 182
Highlight: To have standing to raise a vagueness challenge, a litigant must almost always demonstrate that the law in question is vague as applied to his own conduct, without regard to its potentially vague application in other circumstances. |
Martin v. N.D. Department of Transportation
2009 ND 181
Highlight: Police checkpoints are not per se unconstitutional under the Fourth Amendment of the United States Constitution or Article I, Section 8 of the North Dakota Constitution. A checkpoint seizure is unconstitutional if it is unreasonable. |
Hager, et al. v. City of Devils Lake
2009 ND 180
Highlight: Dismissal of a claim or action without prejudice has no res judicata effect. |
Spitzer v. Bartelson
2009 ND 179
Highlight: In a claim for reformation of a written contract, courts may admit parol evidence to determine whether a mutual mistake exists sufficient to support reformation. |
State v. Stridiron (consolidated w/20080331)
2009 ND 178 Highlight: Criminal judgments for robbery are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Interest of O.F., a child (confidential)
2009 ND 177
Highlight: A defendant claiming a double jeopardy bears the burden of proving each element of former jeopardy. |
State v. McLaren
2009 ND 176 Highlight: Reasonable suspicion to stop a vehicle exists when an officer observes a vehicle displaying expired registration tabs, license plates, and a temporary registration certificate. |
Estate of Schiermeister (Consolidated w/20090169)
2009 ND 175 Highlight: Orders directing a final accounting and distribution of an estate are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
State v. O'Toole
2009 ND 174
Highlight: There is insufficient evidence to support a conviction only when no rational fact finder could find the defendant guilty beyond a reasonable doubt viewing all the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably drawn in its favor. |
Schlosser v. N.D. Dep't. of Transp.
2009 ND 173 Highlight: To admit a blood alcohol test report in an administrative proceeding to revoke an individual's driver's license, the documents and testimony presented must show scrupulous compliance with the methods approved by the State Toxicologist. |
Estate of Dionne
2009 ND 172
Highlight: The circumstances constituting fraud must be stated in a complaint with particularity. |
Schleuter v. Northern Plains Ins., et al.
2009 ND 171
Highlight: When a single-vehicle accident occurs in this state but the injured insured is a resident of another state, the insurance policy was purchased from a company based in the other state and not doing business in this state, and all but the initial treatment occurred in the other state, the laws of the other state will apply in interpreting the insurance policy. |
LaRocque v. State
2009 ND 170 Highlight: District court order denying application for post-conviction relief is summarily affirmed under N.D.R. App. P. 35.1(a)(2) and (4). |
State v. Witzke
2009 ND 169 Highlight: A criminal judgment entered after a jury convicted the defendant of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
State v. Adams
2009 ND 168
Highlight: The right of appeal is governed by statute, and if there is no statutory basis for an appeal, the lack of jurisdiction will be noted and the appeal dismissed. |
State v. Johnson
2009 ND 167
Highlight: If a person ambiguously responds to a request to submit to a chemical test, the person suffers the consequences of that ambiguity. |
Kambeitz, et al. v. Acuity Ins. Co.
2009 ND 166
Highlight: Although the failure to plead an affirmative defense generally results in waiver of the defense, amendments to the pleadings are to be freely given when justice so requires. |
State v. Vandehoven
2009 ND 165
Highlight: The purpose of N.D.R.Crim.P. 11(b)(1) is to ensure the defendant understands the constitutional rights which are waived by entry of a guilty plea, to ensure a knowing and intelligent waiver of the right to counsel, and to ensure the defendant understands the maximum possible punishment and any applicable mandatory minimum punishment so he can make a knowing and intelligent decision whether to plead guilty. |
Tweeten v. Tweeten
2009 ND 164 Highlight: A husband and wife's decision to transfer separately owned property to themselves, as husband and wife, as joint tenants is a significant legal act, which may make a premarital agreement governing the distribution of that property inapplicable. |
State v. Schmeets
2009 ND 163 Highlight: To admit evidence of a defendant's prior convictions to establish an object is drug paraphernalia, a court must balance whether the probative value of the evidence outweighs the unfair prejudice to the defendant. |
Wells Fargo Bank v. Horob, et al.
2009 ND 161 Highlight: District court order declaring a default judgment entered by a Nebraska court is entitled to full faith and credit and enforceable in this state is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Interest of S.Z. (Confidential)
2009 ND 160 Highlight: Orders requiring treatment and medication at the North Dakota State Hospital summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Matter of Hicks
2009 ND 159 Highlight: Civil commitment of a sexually dangerous person summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Disciplinary Board v. Fisher (Cross-ref. w/ 20070343, 20070344, & 20080198)
2009 ND 158 Highlight: Suspension of lawyer ordered. |
Industrial Contractors, Inc. v. Workforce Safety & Insurance, et al.
2009 ND 157
Highlight: Courts exercise limited review in appeals from administrative agency decisions under the Administrative Agencies Practice Act. |
State v. Boyle
2009 ND 156
Highlight: A restraining order may restrict an individual's constitutional rights, including restricting the right to certain communication or to be in certain places. |
Frueh v. Frueh
2009 ND 155
Highlight: A court may modify a prior custody order two years after a prior order establishing custody is entered, if there has been a material change in circumstances and the modification is in the child's best interests. |
Pearson v. Pearson
2009 ND 154
Highlight: An award of spousal support is finding of fact which will not be set aside on appeal unless clearly erroneous. |
Beeter, et al. v. Sawyer Disposal
2009 ND 153
Highlight: If a covenant contained in a deed does not directly benefit the land, the covenant is personal and does not run with the land. |
Matter of Vantreece (Cross-Ref. w/20080004)
2009 ND 152
Highlight: Expert testimony explicitly opining that an alleged sexually dangerous individual has serious difficultly controlling his or her behavior is not necessary to commit a person as a sexually dangerous individual. |
State v. Procive
2009 ND 151
Highlight: Under N.D.R.Ev. 401, 402, and 403, a district court has broad discretion in admitting or excluding evidence. |
State v. Brown
2009 ND 150
Highlight: The legislature may delegate legislative powers, including the authority to create criminal penalties for violations of county ordinances, to a home rule county. |
Tarnavsky v. Rankin
2009 ND 149
Highlight: A party resisting a motion for summary judgment must present competent admissible evidence to establish a genuine issue of material fact on the party's claims. |
Abdullah v. State, et al.
2009 ND 148
Highlight: A public educational institution's decision whether to dismiss a student for academic reasons is entitled to deference. |
State v. Sorenson (Consolidated w/20080134)
2009 ND 147
Highlight: Statements made during a jail phone call to friends and relatives are not testimonial statements, and Sixth Amendment confrontation rights do not apply. |
State v. Beane (Consolidated w/20090012 - 20090015)
2009 ND 146
Highlight: The Fourth Amendment is not implicated by police entry upon private land to knock on a citizen's door for legitimate police purposes unconnected with a search of the premises. |
Schaaf v. N.D. Department of Transportation
2009 ND 145
Highlight: If a general provision in a statute is in conflict with a special provision in the same or in another statute, the two must be construed, if possible, so that effect may be given to both provisions, but if the conflict between the two provisions is irreconcilable, the special provision must be construed to control over the general provision. |
State v. Blurton
2009 ND 144
Highlight: A guilty plea must be knowingly, intelligently, and voluntarily made to be valid. |
State v. Demarais (Consolidated w/20080182)
2009 ND 143
Highlight: A jury may find a defendant guilty even though evidence exists which, if believed, could lead to a not guilty verdict. |
Shull v. Walcker, et al.
2009 ND 142
Highlight: A motion for relief from judgment should not be used to relieve a party from free, calculated and deliberate choices he or she has made, and relief should be granted only in exceptional circumstances. |
State v. Myers (Consolidated w/20090004)
2009 ND 141
Highlight: When a problem arises during a trial, the party affected must bring the irregularity to the court's attention and seek appropriate remedial action. |
Grager v. Schudar, et al.
2009 ND 140
Highlight: An appellant assumes the consequences and the risks for failing to provide a complete transcript of proceedings in the trial court, and if the record on appeal does not provide for a meaningful and intelligent review of an issue, the supreme court may decline to review the issue. |
Schweitzer v. Job Service ND, et al.
2009 ND 139
Highlight: A person may not receive unemployment benefits if the person was discharged from employment for misconduct. |
State v. Bornhoeft
2009 ND 138 Highlight: A district court does not err by denying a motion to dismiss charges of disorderly conduct when the facts supporting the complaint describe conduct that can be the basis of such charges under the disorderly conduct statute, although the defendant also yelled obscenities at a law enforcement officer. |
Department of Labor v. Matrix Properties, et al.
2009 ND 137 Highlight: The two-year statute of limitations for a civil discriminatory housing practice action based on design and construction defects is triggered when the building's certificate of occupancy is issued. |
Matter of Emelia Hirsch Trust
2009 ND 135
Highlight: An issue or argument not raised or considered in the district court cannot be raised for the first time on appeal. |
Chambering of the New Judgeship in the Southeast Judicial District
2009 ND 134 Highlight: New judgeship to be chambered in Jamestown. |
Chambering of the New Judgeship in the Northwest Judicial District
2009 ND 133 Highlight: New judgeship to be chambered in Minot. |
Hill, et al. v. Lindner, et al.
2009 ND 132 Highlight: An incidental business use does not violate a covenant restricting use of property to residential purposes only. |
Reciprocal Discipline of Thoms
2009 ND 131 Highlight: Suspension of lawyer ordered. |
State v. McAvoy
2009 ND 130
Highlight: A convicted sex offender must register an address with law enforcement within three days of coming into a county in which the individual resides or is temporarily domiciled. |
State v. Zwicke, Jr.
2009 ND 129
Highlight: Under the automobile exception to the warrant requirement, law enforcement officers may search for illegal contraband without a warrant when probable cause exists that certain identifiable objects are probably connected with criminal activity and are probably to be found in the vehicle. |
Fehl-Haber v. State (Cross Ref w/20060086)
2009 ND 128 Highlight: District court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Neva
2009 ND 127 Highlight: A defendant whose previous concurrent sentences are converted into consecutive sentences upon revocation of his probation is entitled to receive credit for the time he spent in custody only toward the first of the converted consecutive sentences. |