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.
2251 - 2300 of 12359 results
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State v. Rende
2018 ND 56
Highlight: A district court's use of jury instructions that fail to include every element of the offense is error. However, that error is waived if defendant invited the error by submitting proposed instructions that also failed to include every element of the offense and if the defendant failed to object to the instructions at trial. |
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Snider, et al. v. Dickinson Elks Building, LLC
2018 ND 55 Highlight: Under N.D.C.C. § 43-07-02, a contractor is precluded from bringing any claims, suits, or actions related to the contractor's business or capacity as a contractor for periods when the contractor was not licensed. |
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Comes v. State
2018 ND 54
Highlight: Affirmative defenses, including statutes of limitations, are waived if not pleaded. |
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Tuhy v. Tuhy
2018 ND 53
Highlight: In a divorce, property division need not be equal to be equitable, but a substantial disparity must be explained. |
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State v. Fleckenstein
2018 ND 52 Highlight: Law enforcement's reading of the implied consent advisory does not render consent to a blood test per se involuntary. Involuntariness must be examined under the totality of the circumstances. |
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State v. Rolfson
2018 ND 51
Highlight: District court decisions regarding discovery violations are reviewed under the abuse of discretion standard. |
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Blackcloud v. State
2018 ND 50
Highlight: A district court does not err in denying a petitioner's application for post-conviction relief based on ineffective assistance of counsel when counsel's performance did not fall below an objective standard of reasonableness. |
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City of Bismarck v. Weisz
2018 ND 49
Highlight: Law enforcement officers do not need to physically see a suspect in a vehicle for that individual to be arrested for being in actual physical control of a vehicle while intoxicated. |
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Rebenitsch v. Rebenitsch
2018 ND 48
Highlight: When determining the best interests of a child, a district court may properly consider past behavior to determine whether a person may significantly affect a child's best interests in the future. |
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Winnie Development, LLLP, v. Reveling, et al.
2018 ND 47
Highlight: A plat containing a dedication which does not strictly conform to the statute will not transfer fee title to the public. |
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State v. Groce
2018 ND 46 Highlight: A district court's ruling on a motion to quash a subpoena under Rule 17(c)(2), N.D.R.Crim.P., is reviewed for abuse of discretion. |
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State v. Bruce
2018 ND 45
Highlight: N.D. Const. art. I, § 25(4), specifically allows a parent to exercise a victim's rights under § 25(1) for a deceased child. |
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State v. Newman
2018 ND 44 Highlight: A district court judgment entered after a jury found Newman guilty of unlawful possession of a firearm is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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State v. Decker
2018 ND 43
Highlight: A violation of a defendant's Sixth Amendment right to a public trial may be too trivial to create structural error so long as the violation did not implicate ensuring a fair trial, reminding the prosecutor and judge of their responsibility to the accusing and the importance of their functions, encouraging witnesses to come forward, and discouraging perjury. |
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Interest of L.S. (CONFIDENTIAL)(consolidated w/ 20180007)
2018 ND 42 Highlight: A juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Flemming v. Flemming
2018 ND 41 Highlight: A district court's orders granting primary residential responsibility to the mother and denying the father's motion for new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Nur v. State
2018 ND 40 Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6). |
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Tarabochia v. WSI
2018 ND 39 Highlight: A district court judgment affirming an administrative law judge's order, which affirmed Workforce Safety and Insurance's order that claimant was not entitled to disability benefits for wage loss, is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Coleman
2018 ND 38 Highlight: Criminal judgment entered after a jury found defendant guilty of aggravated assault-domestic violence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Vacancy in Judgeship No. 4, SCJD
2018 ND 37 Highlight: Judgeship retained at Bismarck. |
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St. Alexius Medical Center v. N.D. Dep't of Human Services
2018 ND 36
Highlight: The agency's failure to comply with a statutory requirement to issue a decision within seventy-five days under N.D.C.C. § 50-24.1-24(5) does not terminate the agency's subject matter jurisdiction. |
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Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services, et al.
2018 ND 35
Highlight: The agency's failure to comply with the seventy-five day statutory requirement for issuing its final decision reviewing a denial of payment of a medical assistance claim under N.D.C.C. § 50-24.1-24 does not automatically invalidate the agency's decision. |
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Innis-Smith v. Smith
2018 ND 34
Highlight: In a divorce, a district court may consider all of the parties' time together in dividing the marital property when parties live together and then marry. |
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State v. Rende
2018 ND 33
Highlight: If probable cause for an arrest for driving under the influence is not an issue at trial, evidence of a preliminary breath test result is inadmissible. |
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State v. Shaw (cross-reference w/20150190)
2018 ND 32
Highlight: Before admitting evidence of a defendant's prior bad acts, a court must apply a three-part test and consider whether the probative value of the evidence outweighs its prejudicial effect. |
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State v. Brown (consolidated w/20170048, 20170049 & 20170050)
2018 ND 31
Highlight: Evidence of a defendant's actual notice of a license suspension is sufficient to support a conviction for driving under suspension. |
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Valeu v. Strube
2018 ND 30 Highlight: A party moving for modification of primary residential responsibility of a child more than two years after entry of a prior order establishing residential responsibility must prove that a material change has occurred in the circumstances of the child or parties and that modification is necessary to serve the child's best interests. |
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Benson, et al. v. Feland Brothers Properties, et al.
2018 ND 29
Highlight: Surveys are not conclusive evidence of boundary lines. While a water line may shift from time to time, it remains a valid boundary line. |
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Martin v. Marquee Pacific, LLC, et al.
2018 ND 28
Highlight: The rule on joinder, N.D.R.Civ.P. 19, does not require dismissal of an action for failure to join a party in an earlier action. |
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Interest of C.B. (CONFIDENTIAL)
2018 ND 27
Highlight: Jeopardy does not attach at a pretrial motion to dismiss. |
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Wieland v. City of Fargo
2018 ND 26
Highlight: A district court does not have appellate jurisdiction unless authorized by statute. |
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Brandt, et al. v. City of Fargo
2018 ND 26
Highlight: A district court does not have appellate jurisdiction unless authorized by statute. |
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Dixon v. Dixon
2018 ND 25
Highlight: A case becomes moot when, because of the lapse of time or the occurrence of events, a court is unable to render effective relief. |
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Horvath v. State
2018 ND 24
Highlight: Once the State moves for summary disposition in a post-conviction relief proceeding pointing out the absence of supporting evidence for the defendant's allegations, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support the claim. If competent evidence is provided, the defendant is entitled to an evidentiary hearing. |
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Kautzman, et al. v. Doll
2018 ND 23
Highlight: An appeal from a district court's refusal to vacate an order under Rule 60(b), N.D.R.Civ.P., does not permit the appellant to attack the underlying order from which an appeal could have been, but was not, brought. |
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Little v. Stark County Sheriff
2018 ND 22 Highlight: Whether to issue a writ of mandamus is left to the district court's sound discretion. It is not an abuse of discretion for the district court to consider a petitioner's excessive delay in seeking remedy when denying a petition. |
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Thompson v. Thompson
2018 ND 21
Highlight: Split residential responsibility is not preferred, but it is not expressly prohibited. |
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State v. Montgomery
2018 ND 20
Highlight: Voluntary consent to a warrantless blood test is determined by examining the totality of the circumstances, for which the State bears the burden of proof. |
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Campbell v. Thompson
2018 ND 19 Highlight: Under the North Dakota Rules of Civil Procedure, the exclusive means for opening a default judgment is through a motion to vacate the judgment. On a direct appeal from a default judgment granted under N.D.R.Civ.P. 55, the standard of review is limited to whether "irregularities appear on the face of the judgment roll." |
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State v. Adams
2018 ND 18
Highlight: When an individual does not own the vehicle, does not assert ownership of a container within the vehicle, does not provide evidence establishing possessory interest in the container, and there are no identifying markings on the container or the contents within, the individual has no reasonable expectation of privacy in the container located in the vehicle. |
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State v. Holkesvig (consolidated with 20170267)
2018 ND 17 Highlight: A district court order denying a defendant leave of court to file a postconviction application is not appealable. |
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Matter of Gomez
2018 ND 16
Highlight: An expert appointed for or retained by a respondent in a sexually dangerous individual commitment proceeding is subject to the same discovery rules as other experts. |
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State v. Rivera (consolidated w/20170235)
2018 ND 15 Highlight: Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3). |
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Glass v. Glass
2018 ND 14
Highlight: Where an order terminating spousal support and an amended judgment and decree conflict, the amended judgment and decree controls. |
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Williams v. Williams
2018 ND 13 Highlight: If a district court issues a disorderly conduct restraining order without addressing constitutional claims, the court generally commits a reversible error unless the Supreme Court can say with certainty the court would have issued the restraining order based solely upon the uncontested conduct. |
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State v. Kostelecky
2018 ND 12
Highlight: Article I, § 25(1)(n), N.D. Const., does not require restitution beyond what is necessary to make the victim whole. |
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Continental Resources, Inc. v. P&P Industries, LLC I, et al.
2018 ND 11 Highlight: A jury's special verdict will be reversed on appeal if there is an inconsistency in the verdict such that it will not support the judgment and no reconciliation is possible. |
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Continental Resources, Inc. v. Counce Energy BC #1, LLC
2018 ND 10
Highlight: Dismissal for lack of subject matter jurisdiction is generally appropriate if the plaintiff fails to exhaust administrative remedies because failure to exhaust those remedies precludes making a claim in court. |
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Guthmiller v. N.D. Dep't of Transportation
2018 ND 9 Highlight: The unambiguous language of N.D.C.C. § 39-06.2-10(15) requires the conviction, not the commission, of two serious traffic violations while operating a noncommercial motor vehicle within three years to disqualify commercial driving privileges. |
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Interest of Leno
2018 ND 8 Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.Civ.P. 35.1(a)(2). |