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.
401 - 500 of 12358 results
|
Tracey v. Tracey
2023 ND 219
Highlight: A district court’s finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm. |
|
Matter of Didier
2023 ND 218 Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine whether an individual continues to have an inability to control his behavior. The district court’s findings, showing not just a lack of progress, but a lack of participation, are sufficient to show the individual continues to have an inability to control his behavior. |
|
State v. Nelson
2023 ND 217
Highlight: An issue will not be addressed on appeal when an appellant fails to raise it in the district court or brief it under the obvious error standard of review. |
|
Olson Family Limited Partnership v. Velva Parks
2023 ND 216 Highlight: A movant under N.D.R.Civ.P. 60(b) has the burden of establishing sufficient grounds for disturbing the finality of the judgment. A disregard of service of process does not constitute mistake, inadvertence, or excusable neglect. Bare assertions without credible facts or specific legal grounds do not give rise to an allegation of a meritorious defense. |
|
Benter v. State
2023 ND 215 Highlight: Order denying a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
Bravera Bank v. Craft, et al.
2023 ND 214
Highlight: When a district court’s order granting summary judgment is entered on a fully submitted motion without any request for oral argument, and the order fully resolves the pending claims, it may not be necessary for the court to specifically address the remaining motions. |
|
State v. Sparkman
2023 ND 212 |
|
McGinnis v. State
2023 ND 211 Highlight: A district court’s order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Anderson
2023 ND 210
Highlight: When the intent element of terrorizing is met based on reckless disregard of the risk, awareness of the risk is not required if the absence is due to self-induced intoxication. |
|
State v. Morales
2023 ND 209 Highlight: North Dakota Rule of Criminal Procedure 11(d) governs the withdrawal of a guilty plea. To withdraw a guilty plea after the court has accepted the plea but before sentencing, a defendant must show a fair and just reason for the withdrawal. |
|
State v. Yalartai
2023 ND 208
Highlight: A defendant moving to withdraw his guilty plea before sentencing bears the burden of establishing a fair and just reason exists. |
|
Kaspari v. Kaspari
2023 ND 207
Highlight: This Court only has jurisdiction to review judgments which are timely appealed. If we conclude the attempted appeal fails for lack of jurisdiction, we have the duty to dismiss the appeal sua sponte. |
|
State v. Kovalevich
2023 ND 206
Highlight: When a defendant has previously filed a post-conviction relief application, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings. |
|
Vacancy in Judgeship No. 2, NECJD
2023 ND 205 Highlight: Judgeship retained at Grand Forks. |
|
Matter of Reciprocal Discipline of Hill
2023 ND 204 Highlight: Lawyer reprimanded. |
|
Interest of A.I. (CONFIDENTIAL)
2023 ND 203 Highlight: To comply with the requirements of N.D.C.C. § 25-03.1-21(1), the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative. However, we cannot order a less restrictive alternative even if it would be sufficient if evidence shows there is no such program currently available. |
|
State v. Gonzales
2023 ND 202 Highlight: Under N.D.C.C. § 12.1-32-08, a district court may enter restitution for damages or expenses sustained by a victim that are immediate, intimate, causally connected and directly related to the criminal offense the defendant pleaded guilty or was found guilty. |
|
State v. Ortiz
2023 ND 201 Highlight: A district court’s judgment sentencing a defendant to 55 years of incarceration is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Padilla v. Klimpel, et al.
2023 ND 200 |
|
Interest of E.E.J.-C. (Confidential)
2023 ND 199 Highlight: A juvenile court order denying petition for guardianship of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Montenegro
2023 ND 198 Highlight: A criminal judgment entered after a jury conviction of harassment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
|
Severance v. Howe
2023 ND 197
Highlight: The tort of battery exists at common law. A person is civilly liable for offensive-contact battery if he or she (1) acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (2) an offensive contact with the person of the other directly or indirectly results. |
|
State v. Whitetail
2023 ND 196 Highlight: Under N.D.R.Crim.P. 29(a), the district court must enter judgment of acquittal upon a defendant’s motion if the evidence presented at trial is insufficient to sustain a conviction. When the sufficiency of evidence to support a criminal conviction is challenged on appeal, the record is reviewed to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. The defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict. |
|
Hillestad v. Small
2023 ND 195
Highlight: There is no presumption in North Dakota law for or against equal residential responsibility. |
|
Interest of C.K.
2023 ND 194 Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Interest of C.K.
2023 ND 194 |
|
State v. Harris
2023 ND 193 Highlight: The district court order denying a defendant’s motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
|
State v. Hatzenbuehler
2023 ND 192 Highlight: The sentencing factors set forth in N.D.C.C. § 12.1-32-04 apply in revocation proceedings. Although entitled to consideration, the sentencing factors do not control the district court’s discretion, are not an exclusive list of all a court may consider, and need not be explicitly referenced in fixing a criminal sentence. |
|
Albertson v. Albertson
2023 ND 191
Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision. |
|
Kirkpatrick v. NDDOT
2023 ND 190
Highlight: The North Dakota Department of Transportation has authority to conduct proceedings to suspend an operator’s license if law enforcement has provided it with information essential to showing suspension may be warranted under the law. |
|
Matter of Reciprocal Discipline of Roach
2023 ND 189 Highlight: Lawyer reprimaned and placed on probation. |
|
Disciplinary Board v. Baird
2023 ND 188 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Pilch
2023 ND 187 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Pilch (consolidated w/ 20230266)
2023 ND 186 Highlight: Lawyer disbarred. |
|
Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D. (con't)
2023 ND 185
Highlight: The supreme court invokes its original jurisdiction only in cases publici juris and those affecting the sovereignty of the state, its franchises and prerogatives, or the liberties of its people. The supreme court has exercised original jurisdiction in cases where the separation of coequal branches of government and their respective authority have been challenged. |
|
Interest of P.R.-K. (CONFIDENTIAL)(consolidated w/20230282)
2023 ND 184 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Jones v. Rath
2023 ND 183
Highlight: Only an aggrieved party may appeal from an order or judgment. |
|
Interest of K.J.
2023 ND 182 Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Interest of K.J.
2023 ND 182 |
|
Isac v. State
2023 ND 181
Highlight: When a post-conviction relief applicant seeks to withdraw a guilty plea based upon ineffective assistance of counsel, the applicant must satisfy a two-prong test by showing (1) his counsel’s representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel’s errors, the applicant would not have pleaded guilty and would have insisted on going to trial. Under the second prong, the district court is required to determine what the applicant would have done had he received competent advice—not what he would have done with the benefit of hindsight. |
|
State v. Johnson
2023 ND 180 Highlight: Terrorizing circumstances are threats of violence or dangerous acts made with an intent to induce fear. No precise words are necessary to convey a threat, and may be bluntly spoken or done by innuendo or suggestion. A threat often takes its meaning from the circumstances in which it is spoken, and words that are innocuous in themselves may take on a sinister meaning in the context in which they are recited. |
|
Williamson v. State
2023 ND 179 Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
State v. Cahoon
2023 ND 178 Highlight: A district court judgment following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
State v. Weah
2023 ND 177 Highlight: A district court’s judgment entered after a jury convicted the defendant of aggravated assault with permanent loss or impairment and reckless endangerment with extreme indifference is summarily affirmed under N.D.R.App. 35.1(a)(3). |
|
State v. Weah
2023 ND 177 |
|
State v. Powell
2023 ND 176 Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Hanson
2023 ND 175 Highlight: A criminal judgment and sentencing for child abuse and child neglect are summarily affirmed under N.D.R.App.P. 35(a)(2) and (4). |
|
State v. Entzel
2023 ND 174 Highlight: A criminal judgment entered after a jury conviction of conspiracy to commit murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Matter of John V. Klein Trust
2023 ND 173 Highlight: An order granting trustees’ petition for sale of trust’s surface interests and distribution of mineral interests to beneficiaries is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Discover Bank v. Romanick, et al.
2023 ND 172
Highlight: We exercise our supervisory jurisdiction rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alternative remedy exists. |
|
Berger, et al. v. Sellers, et al.
2023 ND 171
Highlight: A planned unit development is a form of zoning ordinance which is interpreted under rules of statutory construction. Where an incorporated reference is subsequently modified or repealed, that change does not alter the meaning of the law incorporating that reference. |
|
Berger, et al. v. Sellers, et al.
2023 ND 171 |
|
Vacancy in Judgeship No. 1, SEJD
2023 ND 170 Highlight: Judgship retained at Jamestown. |
|
Disciplinary Board v. Slyva
2023 ND 169 Highlight: Lawyer reprimanded. |
|
Suiter v. NDDOT
2023 ND 168 Highlight: The district court judgment affirming an administrative suspension of a defendant’s driver’s license is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
|
Ruiz Ledezma v. State
2023 ND 167 Highlight: The district court order denying a defendant’s petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Bechtle v. Bechtle, et al.
2023 ND 166 Highlight: A district court order denying a motion to modify parenting time is summarily affirmed under N.D.R.App.P 35.1(a)(2). |
|
Buller v. Buller
2023 ND 165 Highlight: A district court’s order regarding primary residential responsibility and valuation and distribution of the martial estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al.
2023 ND 164 Highlight: This Court exercises its supervisory jurisdiction when no adequate alternative remedy exists and not merely because the appeal may involve an increase of expense or an inconvenient delay. |
|
Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al.
2023 ND 164 |
|
Interest of A.Z.
2023 ND 163 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Interest of A.Z.
2023 ND 163 |
|
Disciplinary Board v. Pilch
2023 ND 162 Highlight: Lawyer suspended. |
|
Disciplinary Board v. Pilch
2023 ND 161 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Overboe
2023 ND 160 Highlight: Lawyer suspended. |
|
Disciplinary Board v. Baird
2023 ND 159 Highlight: Lawyer suspended. |
|
Interest of A.M. (CONFIDENTIAL)(consolidated w/20230210)
2023 ND 158 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 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
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. |
|
State v. Petersen
2023 ND 155
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. |
|
Estate of Froemke
2023 ND 154
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. |
|
Estate of Froemke
2023 ND 154 |
|
Davis, et al. v. Mercy Medical Center, et al.
2023 ND 153
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. |
|
Davis, et al. v. Mercy Medical Center, et al.
2023 ND 153 |
|
State v. Kollie
2023 ND 152
Highlight: A sidebar addressing routine evidentiary or administrative matters during trial, even without an adequate record, is not a closure implicating the public trial right. |
|
State v. Kollie
2023 ND 152 |
|
Wootan v. State
2023 ND 151
Highlight: Once the State moves for summary judgment on a post-conviction application, the defendant must provide evidentiary support for their application in response to the State’s motion. |
|
Black Elk v. State
2023 ND 150
Highlight: A part must preserve an issue in district court before it can be reviewed on appeal. A party must preserve a claim of error, as it relates to the admissibility of evidence, by objecting or moving to strike the evidence on record and stating a specific ground for exclusion. |
|
Goff v. NDDOT
2023 ND 149 Highlight: Substantially justified means justified to a degree that could satisfy a reasonable person. |
|
Interest of D.M.H. (CONFIDENTIAL)
2023 ND 148 Highlight: Absent a change in circumstances, the juvenile court does not err in adopting a prior visitation schedule as the current visitation schedule. |
|
Hennessey v. Milnor School District
2023 ND 147
Highlight: In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true. |
|
State, et al. v. Vetter
2023 ND 146 Highlight: Rule 60(a), N.D.R.Civ.P., was designed to allow district courts to correct errors created by oversight or omission. Rule 60(a) does not authorize the court to change what has been deliberately done. |
|
Gonzalez v. Perales
2023 ND 145
Highlight: To be appealable under N.D.C.C. § 28-27-02(1), an order must determine the action and prevent a judgment from which an appeal might be taken. |
|
State v. Larsen (consolidated w/20220375 & 20220376)
2023 ND 144 Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively. Therefore, upon revocation of a conviction and sentence entered prior to August 1, 2021, a district court’s ability to resentence a defendant is limited to the previously imposed, but suspended, sentence. |
|
State v. Larsen (consolidated w/20220375 & 20220376)
2023 ND 144 |
|
DOCR v. Louser, et al.
2023 ND 143
Highlight: The Department of Corrections and Rehabilitation has broad authority under N.D.C.C. § 54-23.3-01 to supervise offenders and probationers when directed by the district court. |
|
Zavanna v. Gadeco, et al.
2023 ND 142
Highlight: The plaintiff bears the burden of proof on its quiet title claim. Where the plaintiff owns a top lease and the defendant owns a bottom lease covering the same oil and gas leasehold interest, the plaintiff bears the burden to prove the bottom lease terminated by its own terms. If the bottom lease contains a cessation of production clause, the plaintiff must prove production ceased for the specified period. |
|
Zavanna v. Gadeco, et al.
2023 ND 142 |
|
Edison v. Edison
2023 ND 141
Highlight: North Dakota law forbids sex bias in custody determinations. Between the mother and father, whether married or unmarried, there is no presumption as to which parent will better promote the best interests and welfare of the child. |
|
Edison v. Edison
2023 ND 141 |
|
Legacie-Lowe v. Lowe
2023 ND 140
Highlight: The district court’s findings are inadequate to understand the basis for the decision. |
|
Adoption of B.T.H. (CONFIDENTIAL)
2023 ND 139 Highlight: Order and decree terminating parental rights to a minor child and granting a petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Bullinger v. Sundog Interactive, et al.
2023 ND 138 Highlight: A district court must make adequate findings under N.D.R.Civ.P. 52(a)(1) to understand the basis for its decision. |
|
Interest of B.R. (CONFIDENTIAL) (consolidated w/20230187)
2023 ND 137 Highlight: Orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Redpaint v. State
2023 ND 136
Highlight: Postconviction relief is governed by statute, and its proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. |
|
Interest of G.R.D.
2023 ND 135 Highlight: A juvenile court’s order placing a child into the custody of the Division of Juvenile Services will not be reversed unless the court’s findings were clearly erroneous. |
|
Otten v. Otten, et. al.
2023 ND 134
Highlight: A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed. |
|
Dogbe v. Dogbe, et al.
2023 ND 133
Highlight: To modify a primary residential responsibility order within the two-year period following the entry of the order the movant must make a prima facie case showing the requirements under N.D.C.C. § 14-09-06.6(5). |
|
Hagen v. N.D. Insurance Reserve Fund
2023 ND 132
Highlight: A district court’s review of in-camera documents is reviewed for an abuse of discretion. |
|
State v. Knight
2023 ND 130
Highlight: A motion for new trial is reviewed for abuse of discretion. |