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.
2551 - 2600 of 12250 results
|
Klein v. Klein
2016 ND 153 Highlight: Statute terminating permanent spousal support award upon habitual cohabitation of the spouse receiving support does not apply to cohabitation occurring prior to August 1, 2015. |
|
State v. Asbach (cross-ref. w/20140471)
2016 ND 152 Highlight: Bad faith is a question of fact. |
|
State v. Horning (cross-reference w/20150148)
2016 ND 151 Highlight: Once the presumption is established that property is forfeitable drug money, the person claiming the property must rebut the presumption. |
|
City of Napoleon v. Kuhn (cross-ref. w/20140134)
2016 ND 150
Highlight: District courts have a wide discretion when setting restitution but must consider: (1) the reasonable damages sustained; (2) the ability of the defendant to pay monetary reparations; and (3) the likelihood that restitution will serve a valid rehabilitation purpose. |
|
Ratliff v. State
2016 ND 149 Highlight: To prevail on a postconviction claim of ineffective assistance of counsel, the petitioner has the heavy burden of proving (1) counsel's representation fell below an objective standard of reasonableness, and (2) the petitioner was prejudiced by counsel's deficient performance. |
|
Garaas v. Cass County Joint Water Resource District
2016 ND 148
Highlight: As a prerequisite to issuing a valid order or judgment, a court must have both subject matter and personal jurisdiction. |
|
White Bird v. State
2016 ND 147 Highlight: Counsel's conduct is presumed to be reasonable, and courts consciously attempt to limit the distorting effect of hindsight. |
|
Hieb v. State
2016 ND 146
Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final, unless an exception applies. |
|
State v. Davis
2016 ND 145
Highlight: A district court may consider the circumstances and all relevant factors in determining whether to modify an order for conditional release. |
|
Rebel v. Rebel (cross-reference w/20120280)
2016 ND 144 |
|
Interest of E.P. (CONFIDENTIAL)(consolidated w/20160185 & 20160186)
2016 ND 143 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Bjorneby, et al. v. Nodak Mutual Insurance Company, et al.
2016 ND 142
Highlight: When the evidence presented at trial is sufficient to create an issue of material fact, judgment as a matter of law is inappropriate. |
|
Constellation Development, LLC v. Western Trust Co., et al.
2016 ND 141
Highlight: The substance of an agreement controls, not the titles or labels attached by the parties. |
|
Limberg v. Sanford Medical Center Fargo, et al.
2016 ND 140
Highlight: The purpose of a motion for dismissal for failure to state a claim upon which relief can be granted is to test the legal sufficiency of the statement of the claim presented in the complaint. |
|
Viscito, et al. v. Christianson, et al. (cross-ref. w/20140252)
2016 ND 139
Highlight: The "law of the case" doctrine is the principle that when an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question decided by the appellate court will not be decided differently on a subsequent appeal in the same case where the facts remain the same. |
|
Bartholomay v. Plains Grain & Agronomy, LLC
2016 ND 138
Highlight: Generally, when an employer complies with the workers compensation statutes, the employee's exclusive remedy against the employer is limited to recovery under the workers compensation statutes. |
|
Riemers v. Hill, et al. (cross-ref 20130407)
2016 ND 137
Highlight: A court has inherent power to sanction a litigant for misconduct, and sanctions may include award of attorney fees. |
|
Interest of G.A.S. (CONFIDENTIAL)
2016 ND 136
Highlight: A request to treat a patient with prescribed medication requires two signatures, one from the patient's treating psychiatrist and one from another medical professional not involved in the patient's current diagnosis or treatment. |
|
State v. Putney (cross-reference w/20150237)
2016 ND 135 Highlight: A restitution order is reviewed under the abuse of discretion standard. |
|
Zajac v. Traill County Water Resource District
2016 ND 134 Highlight: An appeal from a decision by a local governing body must be filed with the district court within thirty days of the decision. |
|
State v. Baker
2016 ND 133
Highlight: An indigent defendant facing a felony charge is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right. |
|
State v. Williams
2016 ND 132 Highlight: The district court has discretion in deciding whether to grant a request for a transcript, and the court abuses its discretion by refusing the request if a particularized need, necessity, or justification for its preparation and use is shown. |
|
State v. Clayton
2016 ND 131
Highlight: Restitution is limited to those damages directly related to, and resulting from, the defendant's criminal action. |
|
State v. Carlson
2016 ND 130
Highlight: A charging information may be amended at any time before the verdict or finding unless an additional or different offense is charged or a substantial right of the defendant is prejudiced. |
|
Ratliff v. State
2016 ND 129 Highlight: The district court may take judicial notice of previously filed orders when sentencing a defendant. |
|
State v. Beaulieu
2016 ND 128
Highlight: A successor judge is not required to certify familiarity with the trial record before deciding a post-trial motion. |
|
Robinson v. State
2016 ND 127 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Lohmann v. N.D. Dep't of Transportation
2016 ND 126 Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
|
State v. Phelps
2016 ND 125 Highlight: Order suppressing evidence obtained from traffic stop is summarily reversed under N.D.R.App.P. 35.1(b). |
|
Interest of M.S. (cross-reference w/20140304 & 20140435)
2016 ND 124 Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Matthews v. State
2016 ND 123 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
McCluskey v. McCluskey
2016 ND 122 Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Halo Holdings Group, LLLP v. Bird Industries, Inc.
2016 ND 121 Highlight: Order dismissing intervener complaint summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Johnson v. State
2016 ND 120 Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Beeter v. State
2016 ND 119 Highlight: A district court's order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Comes v. State
2016 ND 118 Highlight: A district court's order dismissing an application for post-conviction relief and orders denying motions for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
State v. Hirschkorn
2016 ND 117
Highlight: Drivers must signal prior to turning out from an alley. |
|
Jangula v. N.D. Dep't of Transportation
2016 ND 116 Highlight: A certified copy of an analytical report of a blood analysis issued by the director of the state crime laboratory or the director's designee must be accepted as prima facie evidence of the results of a chemical analysis. |
|
Disciplinary Board v. Ward
2016 ND 115 Highlight: An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct. |
|
PHI Financial Services, Inc. v. Johnston Law Office, P.C., et al. (20150008)
2016 ND 114
Highlight: The time to appeal an interlocutory order runs from service of notice of the appealable order or judgment, not from service of notice of the interlocutory order. |
|
Disciplinary Board v. Ward
2016 ND 113
Highlight: The Supreme Court defers to the Disciplinary Board's findings on the credibility of a witness. |
|
Norman v. State
2016 ND 112 Highlight: District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (6), and (7). |
|
State v. Musselman (cross-reference w/20150071)
2016 ND 111
Highlight: An investigative stop must be justified by the officer's reasonable and articulable suspicion that a law has been or is being violated. |
|
Disciplinary Board v. Enget
2016 ND 110 Highlight: Lawyer suspension ordered. |
|
Holkesvig v. Maring
2016 ND 109 Highlight: Judgment dismissing complaint and order denying motion for relief are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7). |
|
Holkesvig v. Edison, et al.
2016 ND 108 Highlight: Judgment dismissing complaint, order denying motion for relief from judgment, and orders denying post-appeal motions are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7). |
|
Holkesvig v. VandeWalle, et al.
2016 ND 107
Highlight: Neither the North Dakota Constitution nor the North Dakota Century Code provides the Supreme Court with the power to divest district courts of subject-matter jurisdiction. |
|
Jury v. Barnes County Municipal Airport Authority
2016 ND 106
Highlight: A person acting as her own attorney is equally bound by rules of procedure, even if she lacks understanding of those rules or the correct procedures. |
|
Rath v. Rath (cross ref w/ 20130025,20130252, 20130327, 20140012, 20140291, cont
2016 ND 105
Highlight: Technical violations of a divorce judgment do not necessitate a finding of contempt. |
|
Vogel v. Marathon Oil Corporation
2016 ND 104
Highlight: A royalty owner does not have a private right of action for damages for violations of the statute limiting flaring of gas from an oil well. |