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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.

5141 - 5150 of 12359 results

State v. Hansen 2006 ND 139
Docket No.: 20050387
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An appellate court does not render advisory opinions and will dismiss an appeal if the issues have become moot or so academic that no actual controversy is left to be decided.
When a district court fails to follow established procedures and orderly process in declaring a law unconstitutional, supervisory jurisdiction may be used to vacate the district court's order.

State v. Oien 2006 ND 138
Docket No.: 20050451
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: An individual trespassing is not entitled to the protections of the Fourth Amendment because he does not have a reasonable expectation of privacy.

Johnson v. Sprynczynatyk 2006 ND 137
Docket No.: 20050449
Filing Date: 6/29/2006
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Traveling at a slower than usual speed, with no further evidence of illegal activity, does not alone create a reasonable and articulable suspicion justifying a traffic stop.

Kenmare Education Assn. v. Kenmare Public School Dist. #28 2006 ND 136
Docket No.: 20050422
Filing Date: 6/29/2006
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Kapsner, Carol

Highlight: A school district must negotiate in good faith with the representative organization before last-offer contracts are made.
After the North Dakota Education Fact Finding Commission has issued a recommendation and the parties are still at an impasse, a School District may issue last-offer contracts limited to the current period of negotiations.

State v. Gresz 2006 ND 135
Docket No.: 20050401
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Other
Author: Kapsner, Carol

Highlight: In the absence of physical action upon another person, the failure to include a self-defense jury instruction on a charge of disorderly conduct is not obvious error.

State v. Blue 2006 ND 134
Docket No.: 20050187
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

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.
Videotape recording of child's statement to forensic interviewer that included government involvement is a testimonial statement and if the child is available to testify, and the playing of the videotape without the opportunity to cross-examine the witness violates defendant's constitutional right to confront his accuser.
The "reliability and trustworthiness" factors are still to be used for non-testimonial statements. But when testimonial statements are at issue, the constitutional right to confrontation cannot be superseded by reliability and trustworthiness.

Ulsaker v. White 2006 ND 133
Docket No.: 20050207
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: All assets regardless of source, whether separately obtained or inherited property, are to be considered part of the marital estate.
A district court misapplies the law when it determines property individually held is not included in the marital estate.
A property division need not be equal, but a substantial disparity must be explained.
Questions of property division and spousal support ordinarily must be examined and dealt with together.

Interest of N.B. (CONFIDENTIAL) 2006 ND 132
Docket No.: 20060031
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: Juvenile court order declaring child delinquent is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Jelleberg 2006 ND 131
Docket No.: 20050446
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Interest of K.G. (Confidential) 2006 ND 130
Docket No.: 20060158
Filing Date: 6/29/2006
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Order for continuing mental health treatment summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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