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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.

4851 - 4860 of 12446 results

Interest of B.B. (CONFIDENTIAL) (Cross-ref. w/ 20060322) 2008 ND 51
Docket No.: 20070233
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Juvenile Law
Author: VandeWalle, Gerald

Highlight: A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians.
Reasonable efforts to preserve and reunite families must be made before the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home, and to make it possible for a child to return safely to the child's home.

State v. Brockel 2008 ND 50
Docket No.: 20070139
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: An officer can order a driver to sit in the patrol car when the officer issues a citation.
To justify a pat-down search, an officer must have a reasonable suspicion the person is armed and dangerous, or the person consented to the search.

Makedonsky v. ND Department of Human Services 2008 ND 49
Docket No.: 20070183
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An applicant for Medicaid benefits has the burden of proving eligibility.
An applicant for Medicaid benefits may be required to initiate an appropriate legal action to make an asset available for purposes of calculating eligibility for Medicaid benefits.
An attorney in fact has a relation of personal confidence with the principal and is deemed a trustee, and all transactions between a trustee and a beneficiary are presumed to be without sufficient consideration and under undue influence.

White v. Altru Health System, et al. 2008 ND 48
Docket No.: 20070031
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: The medical malpractice statute in effect at the time of injury applies.

Huwe v. Workforce Safety and Insurance 2008 ND 47
Docket No.: 20070067
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Although WSI has the authority to weigh the credibility of medical evidence and resolve conflicting medical opinions, it may not do so in an unreasoned manner but must consider the entire record, clarify inconsistencies, and adequately explain its reasons for disregarding medical evidence favorable to the claimant.
A claimant reapplying for disability benefits under N.D.C.C. 65-05-08(1) bears the burden of showing a significant change in his compensable medical condition and an actual wage loss caused by the significant change in his compensable medical condition.

Mulske v. State 2008 ND 46
Docket No.: 20070245
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Heyen v. State 2008 ND 45
Docket No.: 20070271
Filing Date: 3/20/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tibor (Consolidated w/ 20070190 & 20070191) 2008 ND 44
Docket No.: 20070189
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: District court criminal judgments for guilty of gross sexual imposition are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Darby (Cross Reference w/20060368 & 20060278) 2008 ND 43
Docket No.: 20070092
Filing Date: 3/20/2008
Case Type: Appeal - Criminal - Theft
Author:

Highlight: A criminal judgment for burglary and simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Disciplinary Board v. Vela (Consol. w/ 20080032; Cross ref. 20050173) 2008 ND 42
Docket No.: 20080031
Filing Date: 3/17/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered

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