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.
2401 - 2450 of 12359 results
|
State v. Carson (consolidated w/20160384)
2017 ND 196 Highlight: Under N.D.C.C. § 12.1-32-08(1)(a), "directly related" and "direct result" require an immediate and intimate causal connection between the criminal conduct for which the defendant was convicted and the damages or expenses for which restitution is ordered. |
|
State v. Azure
2017 ND 195
Highlight: Under North Dakota Rules of Evidence 804, it does not matter that the defendant may have had significantly less incentive to cross-examine the witness at the preliminary examination hearing than at the trial, the testimony is permissible at trial if it meets the requirements under the rule. |
|
Linstrom, et al. v. Normile
2017 ND 194
Highlight: A district court has broad discretion on evidentiary matters and its decision to admit or exclude evidence will not be overturned unless it abused its discretion. |
|
Williams County v. Sorenson, et al.
2017 ND 193
Highlight: Administrative res judicata is applied more cautiously than judicial res judicata, taking into consideration the subject matter decided by the administrative agency, the purpose of the administrative action, and the reasons for the later proceeding. |
|
Chase v. State
2017 ND 192 Highlight: Summary dismissal is normally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing. |
|
Maragos, et al. v. Newfield Production Company
2017 ND 191 Highlight: A party with a royalty interest in a property, who has not signed a division order with an oil company, may recover underpayments from the oil company. |
|
State v. Blotske
2017 ND 190
Highlight: A district court's decision on a motion for mistrial will not be reversed on appeal absent a showing the court abused its discretion or that a manifest injustice would occur. |
|
Booen v. Appel
2017 ND 189
Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out-of-state with a child. |
|
State v. Davison (consolidated w/ 20160390 & 20160454)
2017 ND 188
Highlight: Statutory interpretation is a question of law, which is fully reviewable on appeal. |
|
Adoption of J.L.F. (CONFIDENTIAL)
2017 ND 187 Highlight: An individual seeking to adopt a child must ordinarily obtain the written consent of the child's parents, though if written consent is not provided, it must be proven the parent either (1) for one year failed significantly without justifiable cause to communicate with the child or provide for the care and support of the child or (2) abandoned the child. |
|
State v. Hyde
2017 ND 186
Highlight: The State has the burden to prove the three elements of the emergency doctrine exist at the time of a warrantless entry into a residence. |
|
State v. Von Ruden
2017 ND 185
Highlight: An arresting officer's manual abortion of an Intoxilyzer breath test sequence after receiving a deficient sample does not invalidate the test results from a second, independent breath test sequence administered in accordance with the approved method. |
|
Kulbacki v. Michael (cross-reference 20130283)
2017 ND 184
Highlight: A motion to modify grandparent visitation with a minor child requires the moving party to show a material change of circumstances has occurred since the prior visitation order and it is in the child's best interests to modify the order. |
|
Industrial Contractors Inc. v. Taylor, et al.
2017 ND 183 Highlight: Under workers' compensation law, seasonal employment includes occupations that are not permanent or that do not customarily operate throughout the entire year and is determined by what is customary with respect to the employer at the time of injury. |
|
Disciplinary Board v. Widdel
2017 ND 182 Highlight: Lawyer Suspended. |
|
Vacancy in Judgeship No. 6, NEJD
2017 ND 181 Highlight: Judgeship retained at Grafton. |
|
Ritter v. Ritter (Cross-reference w/20150202)
2017 ND 180 Highlight: A district court's second amended judgment denying a motion for equal residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
|
Langved v. Continental Resources, Inc., et al. (cross-reference 20150335)
2017 ND 179
Highlight: Appeals from decisions of the Industrial Commission cannot be turned into inverse condemnation actions. |
|
Interest of A.B. (consolidated with 20170206)(confidential)
2017 ND 178
Highlight: In terminating parental rights, a parent's lack of cooperation with social services is relevant and indicates the causes and conditions of deprivation are likely to continue. |
|
State v. Friesz
2017 ND 177
Highlight: Warrantless and non-consensual searches and seizures made inside a home are presumptively unreasonable, unless an exception to the warrant requirement applies. |
|
Paving District 476 Group, et al. v. City of Minot
2017 ND 176
Highlight: A property owner does not have a constitutional right to notice when a municipality initially decides to create an improvement district and construct an improvement. |
|
Zerr v. WSI
2017 ND 175
Highlight: Dismissal for lack of subject matter jurisdiction is appropriate when a plaintiff fails to exhaust administrative remedies. |
|
Dixon v. Dixon, et al.
2017 ND 174
Highlight: A deed may be reformed if there is a mutual mistake and the contract does not truly express the parties' intention. |
|
Leavitt v. State
2017 ND 173
Highlight: In opposing a State's motion for summary disposition, an applicant for post-conviction relief may not merely rely on the pleadings or on unsupported conclusory allegations but must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact. |
|
State v. Hawkins
2017 ND 172
Highlight: A district court's decision on a motion to suppress evidence will be affirmed unless the decision is not supported by sufficient competent evidence, or unless the decision is against the manifest weight of the evidence. |
|
State v. Teggatz
2017 ND 171
Highlight: A district court's decision to admit or exclude evidence is subject to review for abuse of discretion. |
|
Schaffner v. Schaffner (cross reference w/20160388 & 20170021)
2017 ND 170 Highlight: For purposes of appealability, district court orders are treated as final judgments if the district judge intended the order to be a final judgment. |
|
Mosser, et al. v. Denbury Resources, Inc., et al.
2017 ND 169
Highlight: Absent a prior conveyance of pore space to a third party, the owner of a surface estate owns the pore space beneath the surface. |
|
State v. Glick
2017 ND 168 Highlight: Motions for mistrial fall within the broad discretion of the district court and will not be reversed on appeal absent a showing that the court abused its discretion or that a manifest injustice would occur. |
|
Denault v. State
2017 ND 167
Highlight: Declaratory judgment actions are reviewed under the same standards as other cases. |
|
Interest of M.M.C. (CONFIDENTIAL)(consolidated w/20170209-20170211 & 20170217-20
2017 ND 166 Highlight: A district judge's order affirming a juvenile court referee's findings of fact and order terminating parental rights, and adopting the referee's order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Watkins
2017 ND 165 Highlight: When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply. |
|
Interest of A.F.L. (CONFIDENTIAL)
2017 ND 164 Highlight: A district court's order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Abell v. GADECO, LLC
2017 ND 163 Highlight: Drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground. |
|
Estate of Johnson (cross ref w/20140173 & 20160020)
2017 ND 162
Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Supreme Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. |
|
Disciplinary Board v. Foster (Consolidated w/20170151)
2017 ND 161 Highlight: Lawyer Disbarred. |
|
State v. Hutchinson (consolidated w/20170002)
2017 ND 160
Highlight: An order denying the State's motion for correction of an illegal sentence under Rule 35(a), N.D.R.Crim.P., is appealable under N.D.C.C. § 29-28-01(4), as it affects a substantial right. |
|
Spirit Property Management v. Vondell, et al.
2017 ND 158
Highlight: Eviction actions are designed as summary proceedings. |
|
State v. Bell
2017 ND 157
Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained. |
|
State v. Hedstrom
2017 ND 156
Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search. |
|
Peterson v. Schulz
2017 ND 155 Highlight: Most non-appealable intermediate orders may be reviewed on appeal from a final judgment. In domestic relations cases, the requirements of N.D.R.Ct. 8.2 must be complied with before a party's request for affirmative relief may be granted in an ex parte interim order. Attorney's fees may be awarded as a remedial sanction for contempt. |
|
State v. Froelich
2017 ND 154
Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant. |
|
Interest of Tanner (cross-reference 20120084)
2017 ND 153
Highlight: When a person committed as a sexually dangerous individual petitions for discharge, the State has the burden of proving by clear and convincing evidence that the committed individual remains a sexually dangerous individual. |
|
Brown v. WSI
2017 ND 151 Highlight: Judgment affirming a decision of Workforce Safety and Insurance to terminate disability and vocational rehabilitation benefits and require repayment of $2,558.57 in benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
|
Jasmann v. State
2017 ND 150 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), (7). |
|
Disciplinary Board v. Matson (cons. w/ 20170102-20170121)
2017 ND 149 Highlight: Lawyer disbarred. |
|
Statoil Oil & Gas, LP v. Abaco Energy, LLC, et al. (Consolidated w/20160262)
2017 ND 148 Highlight: A district court's decision on a motion to dismiss for failure to join an indispensable party is reviewed for an abuse of discretion. |
|
State v. Cody
2017 ND 147 Highlight: When an ineffective assistance of counsel claim is raised on direct appeal from a criminal conviction, the defendant must show ineffectiveness of constitutional dimensions from the face of the existing record to obtain relief. |
|
Cartwright, et al. v. Tong, M.D., et al.
2017 ND 146
Highlight: A prima facie case of medical negligence requires expert evidence establishing the applicable standard of care, violation of that standard, and a causal relationship between the violation and the harm complained of. |
|
Huebner, et al. v. Furlinger, et al. (cross-reference w/20150169)
2017 ND 145 Highlight: Under the abandoned mineral statutes, the surface owner must mail a copy of the notice of lapse to the mineral interest owner's address if the mineral interest owner's address is shown of record. |