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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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Disciplinary Board v. Overboe 2023 ND 160
Docket No.: 20230090
Filing Date: 8/17/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended.

Disciplinary Board v. Baird 2023 ND 159
Docket No.: 20230075
Filing Date: 8/17/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended.

Interest of A.M. (CONFIDENTIAL)(consolidated w/20230210) 2023 ND 158
Docket No.: 20230209
Filing Date: 8/17/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Interest of A.B. (CONFIDENTIAL) (consolidated w/20230198 & 20230199) 2023 ND 157
Docket No.: 20230197
Filing Date: 8/17/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Sayler v. Sayler 2023 ND 156
Docket No.: 20230004
Filing Date: 8/17/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A motion to relocate is not necessary when residential responsibility has not previously been established. Therefore, consideration of the Stout-Hawkinson factors is not necessary when the district court originally determines parental responsibility of parents living in different states.

The purpose or motive for a unilateral move is one of the many factors courts should consider and weigh when determining parental responsibility.

State v. Petersen 2023 ND 155
Docket No.: 20230049
Filing Date: 8/17/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: Law enforcement exceeds its community caretaking function when it opens the door of a sleeping occupant’s parked semi-truck and steps onto the running boards in an attempt to gather information without first attempting to get a response from outside of the vehicle.

Under prong two of the inevitable discovery doctrine, the State must prove that the evidence would have been found without the unlawful activity and must show how the discovery of the evidence would have occurred.

Estate of Froemke 2023 ND 154
Docket No.: 20220321
Filing Date: 8/17/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: A witness must demonstrate some basis for forming an intelligent judgment as to the value of land before offering lay opinion testimony about the value of the land.

A property owner may present opinion testimony about the value of his property even when the opinion relies upon information from another.

Out-of-court statements are non-hearsay if they are offered for their independent legal significance where the utterance of the words is, in itself, an operative fact which gives rise to legal consequences.

Estate of Froemke 2023 ND 154
Docket No.: 20220321
Filing Date: 8/17/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Davis, et al. v. Mercy Medical Center, et al. 2023 ND 153
Docket No.: 20220325
Filing Date: 8/17/2023
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: In a negligence action, a proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.

A court will not disturb a jury’s damages verdict unless the verdict is so excessive or inadequate as to be without evidentiary support.

The jury must determine the damages to which a party is entitled within reasonable limits, based upon the evidence. If those limits have been exceeded, it is the court’s duty to make a proper reduction or grant a new trial.

Davis, et al. v. Mercy Medical Center, et al. 2023 ND 153
Docket No.: 20220325
Filing Date: 8/17/2023
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

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