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.
2301 - 2350 of 12359 results
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State v. Evans
2018 ND 7
Highlight: A district court's order denying a calculation of credit for time served is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Interest of Z.B. (Confidential)
2018 ND 6 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Jose v. Jose
2018 ND 5 Highlight: A district court amended judgment awarding primary residential responsibility to the father is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Tucker
2018 ND 4 Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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City of Bismarck v. Wells
2018 ND 3 Highlight: A criminal judgment for actual physical control of a motor vehicle while under the influence of an intoxicating liquor entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Saucedo v. State
2018 ND 2 Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of Emelia Hirsch Trust
2017 ND 291 Highlight: District court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 reviewed for an abuse of discretion. |
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Atkins v. State
2017 ND 290 Highlight: Once the State moves for summary disposition of application for post-conviction relief alleging ineffective assistance of counsel, pointing out the absence of supporting evidence, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support his claim. Scheduling an evidentiary hearing does not relieve the petitioner of the burden of producing competent, admissible evidence raising an issue of material fact. |
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Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273)
2017 ND 289 Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. |
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Osborne v. Brown & Saenger, Inc.
2017 ND 288
Highlight: The standard of review of a district court's granting of a Rule 12(b)(3) motion to dismiss on the basis of a forum selection clause is de novo. |
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Gannaway, et al. v. Torres, et al.
2017 ND 287
Highlight: Fraud in the execution of a deed must be undiminished by the negligence of the grantor, and the district court must consider the grantor's conduct in determining whether a deed is void or voidable. |
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Ceynar, et al. v. Barth, et al.
2017 ND 286
Highlight: Restrictive covenants are strictly construed in favor of free use of land. |
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Vig v. Swenson
2017 ND 285
Highlight: Before a court may set aside a transaction on the ground of mental incapacity, a party attacking the validity of the transaction has the burden to prove the grantor was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction. |
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Black Hills Trucking, Inc. v. N.D. Industrial Commission
2017 ND 284
Highlight: The Industrial Commission has jurisdiction over the illegal discharge of saltwater from the point it was generated to the point it is disposed. |
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State v. Truelove
2017 ND 283 Highlight: A conviction for gross sexual imposition under N.D.C.C. § 12.1-20-03(1)(a) requires the use of force either prior to or during the sexual act, but not after. |
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State v. $127,930 United States Currency, et al.
2017 ND 282 Highlight: Nervousness, a large amount of cash, and a long distance, short-duration trip to a source city are pertinent factors in determining reasonable suspicion. |
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Interest of M.R. (CONFIDENTIAL) (consolidated w/20170364 & 20170365)
2017 ND 281 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Sabot
2017 ND 280 Highlight: A criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Coppage v. State
2017 ND 279 Highlight: Order summarily dismissing defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Todd
2017 ND 278 Highlight: Criminal judgment entered after the district court found defendant guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7). |
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Interest of Jane Doe (CONFIDENTIAL)
2017 ND 277 Highlight: A district court's order for continuing treatment at the North Dakota State Hospital for a period not to exceed one year is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. De La Cruz
2017 ND 276 Highlight: Conviction of patronizing a minor for commercial sexual activity is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Vann
2017 ND 275 Highlight: Criminal convictions for terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Anderson
2017 ND 274 Highlight: Criminal judgment entered after the defendant pled guilty to gross sexual imposition, aggravated assault - domestic violence, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Palacio (consolidated w/20170181)
2017 ND 273 Highlight: An appellant who fails to provide a trial transcript on appeal makes it impossible for the Court to conduct a meaningful and intelligent review of a claim of insufficiency of the evidence. |
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Matter of Reciprocal Discipline of Huisman
2017 ND 272 Highlight: Lawyer Suspension ordered. |
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Rogers v. State
2017 ND 271
Highlight: Whether a defendant received ineffective assistance of counsel is a mixed question of fact and law fully reviewable on appeal. |
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Altru Specialty Services, Inc. v. N.D. Dep't of Human Services, et al.
2017 ND 270 Highlight: The district court does not acquire subject matter jurisdiction over an appeal from an administrative agency decision unless the appellant satisfies statutory requirements for perfecting an appeal. |
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Sundance Oil and Gas, LLC v. Hess Corporation
2017 ND 269 Highlight: A district court may not use the findings in an unlocatable mineral owner trust action as res judicata in a subsequent quiet title action to resolve all factual disputes regarding whether a later purchaser was a good-faith purchaser for value. |
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State v. Montgomery
2017 ND 268 Highlight: Criminal judgment entered after a jury found the defendant guilty of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Motter, et al. v. Traill Rural Water District
2017 ND 267
Highlight: Raising the decisive issue for a judgment in post-trial briefing can constitute "surprise which ordinary prudence could not have guarded against" sufficient to grant a new trial. |
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Forsman v. Blues Brews and Bar-B-Ques Inc., et al. (cross-ref. w/20110356)
2017 ND 266
Highlight: Under a Miller-Shugart agreement and judgment, an insured defendant may stipulate for settlement of a plaintiff's claims and stipulate judgment may be collected only from the proceeds of any insurance policy, with no personal liability to the defendant. The stipulated judgment is not conclusive on the insurer. |
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State v. Myers (cross-reference w/20130172)
2017 ND 265
Highlight: Under N.D.R.Crim.P. 35(a)(2), a sentencing court may correct a sentence that resulted from arithmetical, technical, or other clear error. |
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Martinson v. N.D. Dep't of Transportation
2017 ND 264
Highlight: Absent a showing of authority, threat, or demand, an officer calling out and running up ahead of person to get their attention does not constitute a seizure implicating the Fourth Amendment. |
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Garcia v. State
2017 ND 263 Highlight: A sentencing court must consider a juvenile offender's youth and attendant characteristics before sentencing the juvenile offender to life in prison without the possibility of parole. |
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Haugrud v. Craig
2017 ND 262
Highlight: Corporate shareholders and limited liability company members generally have no right to bring actions in their individual names and on their own behalf for a wrong committed against the entity. |
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American Express Centurion Bank v. Corum (consolidated w/20170134)
2017 ND 261
Highlight: A party who is not represented by a licensed attorney cannot be represented by another person, including their spouse, in any court of record in this state, absent authorization provided by state law or supreme court rule. |
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State v. Sheperd
2017 ND 260
Highlight: Section 12.1-41-06(1)(a), N.D.C.C., does not require the presence of a minor to obtain a conviction. |
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Candee, et al. v. Candee
2017 ND 259
Highlight: Parties to an agreement may stipulate as to choice of law. |
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State v. Toure (consolidated w/20170039 & 20170040)
2017 ND 258
Highlight: Analysis of a speedy trial claim requires balancing the length of delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused. |
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State v. Hojian
2017 ND 257 Highlight: Criminal judgment entered after a jury found the defendant guilty of violation of a domestic violence protection order and forgery is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Matson (Consolidated w/20170344)
2017 ND 256 Highlight: Lawyer disbarred. |
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Estate of Feldmann
2017 ND 255
Highlight: The appellate court does not reweigh evidence, reassess witness credibility, or substitute its judgment for the trial court's decision merely because it would have reached a different result. |
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Hallin, et al. v. Inland Oil & Gas Corporation
2017 ND 254
Highlight: Oil and gas leases are interpreted in the same manner as contracts. |
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Glaser v. N.D. Dept. of Transportation
2017 ND 253
Highlight: A police officer's testimony regarding the time of driving on his report and notice form may call the time of driving into question but does not rebut the prima facie evidence in the report when the hearing officer relies on additional admissible evidence establishing a time frame for driving. |
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State, et al. v. Haskell, et al.
2017 ND 252
Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. |
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State v. Lark
2017 ND 251 Highlight: Whether probable cause exists is a question of law, fully reviewable on appeal. The test for probable cause is not based on the subjective view of a law enforcement officer, but rather is an objective standard based on the totality of the circumstances. |
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Giwa v. State
2017 ND 250
Highlight: A district court may appropriately decline to apply a new rule of criminal procedure retroactively when applying the rule would not prevent manifest injustice and there is no indication the rule was meant to be applied retroactively. |
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State v. Crissler
2017 ND 249 Highlight: Under N.D.R.Ev. 701, lay witness testimony is properly admitted when it is based on the witness's perception and is helpful to understanding a fact in issue. |
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Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072)
2017 ND 248 Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact. |