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.
2501 - 2550 of 12446 results
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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). |
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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. |
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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. |
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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. |
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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. |
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Zerr v. WSI
2017 ND 175
Highlight: Dismissal for lack of subject matter jurisdiction is appropriate when a plaintiff fails to exhaust administrative remedies. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Denault v. State
2017 ND 167
Highlight: Declaratory judgment actions are reviewed under the same standards as other cases. |
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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). |
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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. |
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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). |
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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. |
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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. |
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Disciplinary Board v. Foster (Consolidated w/20170151)
2017 ND 161 Highlight: Lawyer Disbarred. |
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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. |
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Spirit Property Management v. Vondell, et al.
2017 ND 158
Highlight: Eviction actions are designed as summary proceedings. |
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State v. Bell
2017 ND 157
Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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). |
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Disciplinary Board v. Matson (cons. w/ 20170102-20170121)
2017 ND 149 Highlight: Lawyer disbarred. |
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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. |
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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. |
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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. |
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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. |
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Interest of R.W.B.C.
2017 ND 144 Highlight: The clearly erroneous standard of review does not permit a reweighing of evidence or reassessment of credibility. |
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State v. Bailey
2017 ND 143
Highlight: In determining "corroborating circumstances" under N.D.R.Ev. 804(b)(3), the district court may analyze both the credibility of the in-court witness and the reliability of the out-of-court declarant. |
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State v. Wilkie
2017 ND 142
Highlight: Police officers outside of their jurisdiction generally act without official capacity and authority to arrest. |
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State v. Phelps
2017 ND 141
Highlight: To justify stopping a moving vehicle for investigation, a law enforcement officer must have a reasonable and articulable suspicion a motorist has violated or is violating the law. |
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SNAPS Holding Company v. Leach, et al.
2017 ND 140
Highlight: An indemnification agreement need not be in writing, and an agent's authority to enter into an indemnification agreement need not be in writing. |
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State v. Turbeville
2017 ND 139
Highlight: At a preliminary hearing in a criminal case, the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but need only produce sufficient evidence to establish probable cause that a crime occurred and that the defendant committed it. |
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Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291,
2017 ND 138
Highlight: A party is not entitled to demand a change of judge if the judge sought to be disqualified has ruled upon a matter pertaining to the action. |
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Matter of L.Z.N.
2017 ND 137
Highlight: It was proper for the district court to look at the social stigma associated with sex offenders in determining the best interest of a child in a name change petition. |
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Thompson v. Lithia ND Acquisition Corp. #1
2017 ND 136
Highlight: The Federal Arbitration Act does not preempt all state arbitration law. A party alleging an arbitration agreement is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability. |
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City of Grand Forks v. Reilly
2017 ND 135
Highlight: Not all communications between law enforcement and citizens implicate the Fourth Amendment. |
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State v. Shick
2017 ND 134
Highlight: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue in the trial context. A party's failure to renew their objection at trial acts as a waiver of the claim of error. |
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Marman v. Levi
2017 ND 133 Highlight: The odor of an alcoholic beverage, poor balance, and open containers of alcohol may permit an officer to reasonably formulate an opinion the body of a driver in a single-car crash contains alcohol. |
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Hageness, et al. v. Davis, et al.
2017 ND 132
Highlight: A party is barred from bringing an action for the recovery or possession of real property, unless the party was seized or possessed of the property within twenty years before bringing the action. |
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State v. Raphael
2017 ND 131 Highlight: Criminal judgment for possession of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Junas v. N.D. Dep't of Transportation
2017 ND 130 Highlight: Suspension of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7), Beylund v. Levi, 2017 ND 30, 889 N.W.2d 907, and Barrios-Flores v. Levi, 2017 ND 117. |
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State v. Smith
2017 ND 129 Highlight: Criminal judgment entered after district court found a defendant guilty of aggravated assault - domestic violence is summarily affirmed under N.D.R.App.p. 35.1(a)(3). |