Opinions
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5301 - 5400 of 12389 results
Moore v. State
2006 ND 8 Highlight: Denial of application for post-conviction relief and order quashing a subpoena is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (2), and (4). |
Interest of E.S., et al. (CONFIDENTIAL)
2006 ND 7 Highlight: Termination of parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Freeman (CONSOLIDATED W/20050318)
2006 ND 6
Highlight: A district court's rejection of an application of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
State v. Burgard
2006 ND 5 Highlight: Conviction of unlawful possession of drug related paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
Judicial Vacancy in Judgeship No. 1, South Central Judicial District
2006 ND 4 Highlight: Judgeship retained at Bismarck. |
Disciplinary Board v. Buresh
2006 ND 3 Highlight: Interim suspension of lawyer ordered. |
Disciplinary Board v. McKechnie (consol. w/ 20050363)
2006 ND 2 Highlight: Lawyer suspended. |
Kobs v. Jacobson
2005 ND 222
Highlight: A trial court errs as a matter of law when it does not clearly set forth how it determined the obligor's income and resulting support obligation. |
Petition to Change Resident Chambers from Stanley to Minot (cons w/20050361)
2005 ND 221 Highlight: Judgeship retained; chambers relocated to Minot. |
Interest of L.B.B. (CON. W/20050253 & 20050254) (CONFIDENTIAL)
2005 ND 220 Highlight: Gross sexual imposition in a juvenile delinquency case is not proven beyond a reasonable doubt when the state alleges only that a "sexual relationship" occurred between the accused and victim and does not specify any "sexual act" as that term is defined by statute. |
Interest of M.M. (confidential)
2005 ND 219
Highlight: A district court's finding that a person is mentally ill and requires treatment will not be reversed unless it is clearly erroneous. |
Curtis Construction Co., Inc. v. American Steel Span, Inc., et al.
2005 ND 218
Highlight: A complete written contract must contain all the essential or material conditions and terms of the contract. |
Wright v. State
2005 ND 217
Highlight: A defendant alleging ineffective assistance of counsel must prove counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance. |
Interest of A.B., et al. (CONFIDENTIAL)
2005 ND 216 Highlight: An order granting leave to intervene in an action is not appealable. |
Smith v. Hall
2005 ND 215 Highlight: The failure of the non-registering party to object to registration of a foreign child support order within the statutory time limit precludes the non-registering party from further contesting the registration on any ground that could be asserted at the time of registration. |
State v. Hernandez
2005 ND 214
Highlight: A trial court has broad discretion to determine whether a witness is qualified as an expert and whether the witness's testimony will assist the trier of fact. |
Estate of Pladson v. Traill Co. Social Services, et al.
2005 ND 213 Highlight: The requirement that an asset be "actually available" for purposes of determining Medicaid eligibility must be interpreted reasonably, and the focus is on the applicant's actual and practical ability to make an asset available as a matter of fact, not legal fiction. |
State v. Raulston (CONSOLIDATED W/20050160 & 20050161)
2005 ND 212
Highlight: A sentence is not illegal if, during the judge's oral pronouncement of the sentence, he states a hypothetical that could not come to fruition. |
State v. Pailing (CON w/20050120, 20050306, 20050307, 20050308, & 20050309
2005 ND 211 Highlight: An amended judgment, an order denying a motion to amend a criminal judgment, and an order denying a petition for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
State v. Shermer
2005 ND 210 Highlight: An appeal from a criminal judgment and an order denying a motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
State v. White Mountain
2005 ND 209 Highlight: Conviction of gross sexual imposition and tampering with evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
McMechan v. Engstrom, et al.
2005 ND 208 Highlight: Summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
Reciprocal Discipline of Edinger
2005 ND 207 Highlight: Lawyer suspension ordered. |
Eriksmoen v. N.D. Dept. of Transportation
2005 ND 206
Highlight: An arrestee's right to consult privately with counsel before taking a chemical test must be balanced against society's interest in obtaining important evidence. |
Oien v. Oien
2005 ND 205
Highlight: Under the child support guidelines, disability does not necessarily excuse a parent from the obligation to pay child support. |
Gray v. N.D. Game and Fish Dept.
2005 ND 204
Highlight: The laws of the states participating in the Interstate Wildlife Violator Compact need not be identical to support reciprocal enforcement of an out-of-state wildlife conviction in North Dakota. |
Jangula v. Jangula
2005 ND 203 Highlight: Once separate property, or property exempt from being included as marital property, is commingled, placed into a joint bank account, or placed in joint tenancy, the property no longer has any separate identity and therefore becomes marital property. |
Matthews v. State
2005 ND 202
Highlight: Conclusory allegations that counsel failed to call certain witnesses without indicating what the testimony would have been, how it might have affected the outcome of the trial, or what prejudice may have resulted from the failure to call them, do not support a claim of ineffective assistance of counsel. |
Interest of P.B. (CONFIDENTIAL)
2005 ND 201
Highlight: An individual committed to a mental health facility does not enjoy the same level of freedom and rights as an uncommitted individual. |
Pfau v. Pfau
2005 ND 200 Highlight: The district court denial of a motion for new trial and a motion for post-judgment relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
State v. Steen
2005 ND 199 Highlight: Order denying motion for a new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
State v. Croaker
2005 ND 198 Highlight: Conviction of simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Johnson v. State (Cross-Ref. w/20050028 & 20050029)
2005 ND 197 Highlight: Conviction of contact by bodily fluids is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
State v. Stevenson
2005 ND 196 Highlight: Conviction of terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Judicial Vacancy in Judgeship No. 3, Northeast Judicial District
2005 ND 195 Highlight: Judgeship retained at Bottineau. |
Interest of J.F. (CONFIDENTIAL)
2005 ND 194 Highlight: Orders finding a child to be unruly and deprived are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Wild Rice River Estates v. City of Fargo
2005 ND 193
Highlight: Whether there has been a taking of private property for public use is a question of law which is fully reviewable on appeal, but a trial court's findings of fact on a takings claim will not be set aside unless they are clearly erroneous. |
Klose v. State (cross-reference w/20010309)
2005 ND 192 Highlight: An appellant failing to file a trial transcript on appeal assumes the risks and consequences of such failure. |
State v. Laib
2005 ND 191
Highlight: For the crime of terrorizing, the critical inquiry is whether the defendant intended to place others in fear for their safety. |
Wetzel v. Schlenvogt (CONSOLIDATED W/20050122)
2005 ND 190
Highlight: A corporation may not be represented by a non-attorney agent in a legal proceeding. |
State v. Noorlun
2005 ND 189
Highlight: On appeal, jury instructions are considered as a whole to determine whether they correctly and adequately advise the jury of the applicable law and do not mislead or confuse the jury. |
Johnson v. State
2005 ND 188
Highlight: A motion for summary disposition of an application for post-conviction relief asking the court to rely solely on the pleadings is treated like a N.D.R.Civ.P. 12(b) motion, and under Rule N.D.R.Ct. 3.2(a), a ten-day response time should be provided the non-moving party before the trial court rules. |
Laib v. State
2005 ND 187
Highlight: A defendant who has inexcusably failed to raise an issue on a prior direct appeal may not raise the issue in a subsequent application for post-conviction relief. |
Hoff v. Fitterer
2005 ND 186
Highlight: Under the child support guidelines, in cases of underemployment an obligor's ability to pay child support is not determined solely upon actual income, but also takes into account the obligor's earning capacity. |
Interest of E.I., Jr. (Confidential)
2005 ND 185 Highlight: A judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Mohamed
2005 ND 184 Highlight: A criminal judgment following a conviction for aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Moore
2005 ND 183 Highlight: Trial court's denial of petitioner's motion to withdraw his guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Interest of L.J. (CONFIDENTIAL)
2005 ND 182 Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Interest of C.R. and S.R. (CONFIDENTIAL)
2005 ND 181 Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
L.C.V. v. D.E.G. (CONFIDENTIAL)
2005 ND 180
Highlight: The trial court cannot delegate to a custody investigator its authority to award custody to the parent who will promote the best interest and welfare of the child, and it is within the trial court's discretion to assign the weight given to a custody investigator's recommendations. |
Ernst, et al. v. Acuity
2005 ND 179 Highlight: Business risk exclusions in a contractor's comprehensive general liability policy are designed to exclude coverage for defective workmanship by the insured causing damage to the project itself. |
Bjerklie v. Workforce Safety and Insurance
2005 ND 178
Highlight: In an administrative appeal, only issues properly raised before the agency will be reviewed on appeal. |
Interest of L.D.M. (CONFIDENTIAL)
2005 ND 177
Highlight: The requirement that two experts conclude statutory conditions have been met to civilly commit a person as a dangerous sexual individual can be met by testimony of two experts employed by the same employer who have conferred during the evaluation process, providing each arrives at a separately held conclusion. |
Clark v. Clark
2005 ND 176
Highlight: When the district court provides no factual findings or explanation for the basis of its custody decision, remand is necessary. |
Seehafer v. Seehafer
2005 ND 175 Highlight: A probate homestead may not be claimed in land when the claimant held no interest and her deceased husband held only a joint tenancy. |
Ruud v. Frandson, et al.
2005 ND 174
Highlight: A trial court's resolution of an ambiguity in a will is a finding of fact that will not be set aside unless it is clearly erroneous. |
Farmers Union Mutual Ins. Co. v. Decker, et al.
2005 ND 173
Highlight: The evidence must show the claim is within an exception to the exclusion in order to benefit from coverage. |
State v. Bartelson
2005 ND 172
Highlight: An officer's subjective intent is irrelevant on the question of probable cause if a driver has committed a traffic violation. |
Hoffman v. Disciplinary Board
2005 ND 171
Highlight: A petitioner has the burden of establishing qualifications for reinstatement to the bar by clear and convincing evidence. |
City of Bismarck v. Witzke
2005 ND 170 Highlight: Conviction of attempted criminal mischief is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Acuity Ins. Co. v. Meridian Ins. Co.
2005 ND 169 Highlight: Summary judgment in an insurance contribution action is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
Disciplinary Board v. Wilkes
2005 ND 168 Highlight: Lawyer disbarred for felony convictions. |
State v. Frankfurth
2005 ND 167
Highlight: A criminal information must contain all essential elements of the offense in order to charge that offense. |
Sayler v. State
2005 ND 166
Highlight: Ineffective assistance of counsel claims require a defendant to show that counsel's representation was objectively unreasonable and that the defendant was prejudiced by counsel's deficient performance. |
Mastrony v. Mastrony
2005 ND 165 Highlight: Divorce judgment awarding custody and dividing the marital estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Eagleman v. State (Cross-Ref. w/20030149)
2005 ND 164 Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
State v. Leftbear
2005 ND 163 Highlight: A criminal judgment following a conviction for aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Allen
2005 ND 162 Highlight: Conviction of robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
M.S.B. v. J.M.B. (CONFIDENTIAL)
2005 ND 161 Highlight: Judgment establishing physical custody of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Oie
2005 ND 160 Highlight: A district court does not abuse its discretion in accepting a guilty plea when the factual basis is established through open court inquiry and review of the pre-sentence investigation report. |
State v. Moore
2005 ND 159 Highlight: Denial of motion to correct illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
Guardianship/Conservatorship of Onstad
2005 ND 158
Highlight: While N.D.R.Civ.P. 60(b) ordinarily may not be used as a substitute for an appeal or to relieve a party from deliberate choices, in unusual cases a party who has not taken an appeal may obtain relief on a 60(b) motion. |
Interest of K.G. (Confidential)
2005 ND 156 Highlight: A district court's finding, that no less restrictive treatment programs other than hospitalization are appropriate, will not be reversed unless it is clearly erroneous. |
Amerada Hess Corp., et al. v. Fong
2005 ND 155
Highlight: Gross-up amounts are not "foreign dividends" subject to partial exclusion under state tax law. |
Frisk v. Frisk
2005 ND 154 Highlight: A domestic violence protection order, originally entered under a stipulation or agreement specifically declining to issue findings regarding domestic violence, cannot be extended absent a threshold finding of actual or imminent domestic violence. |
Disciplinary Board v. Hoffman
2005 ND 153 Highlight: An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct. |
State v. Parisien (Consolidated w/20040349 & 20040350)
2005 ND 152
Highlight: All communications with jurors, after a case has been submitted to them, must be made in open court and in the presence of the defendant. |
Miller, et al. v. Diamond Resources, Inc.
2005 ND 150
Highlight: A proximate cause is a cause that, as a natural and continuous sequence unbroken by any controlling intervening cause, produces the injury, and without it the injury would not have occurred. |
Heart River Partners, et al. v. Goetzfried, et al.
2005 ND 149 Highlight: Parol evidence is admissible in an action to reform a written deed when, through fraud or mutual mistake of the parties, or a mistake by one party which the other at the time knew or suspected, the deed does not truly express the parties' intention. |
Disciplinary Board v. Korsmo
2005 ND 148 Highlight: Interim suspension of lawyer ordered. |
Rojas v. Workforce Safety and Insurance, et al.
2005 ND 147
Highlight: Before a claimant's continuing workers compensation disability benefits may be terminated, WSI must provide pretermination notice of the contemplated action, a summary of the evidence supporting termination, and a meaningful pretermination opportunity to respond in writing to the alleged grounds for termination. |
CybrCollect, Inc. v. ND Dept. of Financial Institutions, et al.
2005 ND 146
Highlight: Consumer electronic fund transactions in North Dakota are subject to the Electronic Fund Transfer Act and Regulation E, which was issued by the Federal Reserve Board to carry out the purpose of the Act. |
Estate of Richmond
2005 ND 145
Highlight: If the evidence presented in opposition to a motion for summary judgment is of insufficient caliber or quantity to allow a rational finder of fact to find fraud by clear and convincing evidence, there is no genuine issue of material fact. |
Disciplinary Board v. Ward
2005 ND 144 Highlight: Lawyer reprimanded for violation of N.D.R. Prof. Conduct 1.15(f), ordered to pay restitution to former clients, and ordered to pay costs and attorney's fees associated with the disciplinary proceeding. |
City of Bismarck v. Judkins
2005 ND 143 Highlight: A constitutional error may be declared harmless if the court, after reviewing the entire record, is convinced that the error did not contribute to the verdict. |
Bladow v. Bladow
2005 ND 142
Highlight: Issues that are not raised in pleadings may be tried by the express or implied consent of the parties. |
Case Credit Corp. v. Oppegard's Inc.
2005 ND 141
Highlight: Jury instructions do not need to include a definition of a commonly understood word when such a definition has not been requested. Giving a definition of a commonly understood word is a matter of the trial court's discretion. |
State v. Ressler
2005 ND 140
Highlight: Reasonable suspicion does not permit law enforcement authorities to transport a seized package from the place where suspicion arose to a law enforcement center for further investigation. |
Simburger v. Simburger
2005 ND 139
Highlight: Once an initial custody decision has been made, visitation is governed by N.D.C.C. 14-05-22(2). |
Interest of B.J.K. (Confidential)
2005 ND 138
Highlight: A juvenile court's finding of deprivation will not be set aside unless it is clearly erroneous. |
State v. Jackson
2005 ND 137
Highlight: When the court dismisses a criminal information on the basis of its legal interpretation of a criminal statute, and not upon resolution of any factual element of the crime charged, the ruling is not a judgment of acquittal but a quashing of the information from which the State has a right to appeal. |
GO Committee, et al. v. City of Minot
2005 ND 136
Highlight: The judiciary's role in reviewing a municipality's interpretation and application of a municipal ordinance is limited by the doctrine of separation of powers to determining whether the municipality clearly abused its discretion. |
Disciplinary Board v. Sundby (Consolidated w/ 20050189 - 20050194)
2005 ND 135 Highlight: Lawyer suspension ordered. |
State v. Barth
2005 ND 134
Highlight: Persistent use of profane and threatening language combined with threatening hand gestures is not constitutionally protected free speech under the First Amendment to the U.S. Constitution. |
Citibank v. Reikowski
2005 ND 133 Highlight: Before accepting and filing an answer, a clerk should require the filing fee be paid or waived, however, if the clerk does not do so, the filing of the answer is not invalidated. |
Reineke v. Reineke (cross-ref. w/20030014)
2005 ND 132 Highlight: An ex-wife's enhanced burden to satisfy marital debt discharged in bankruptcy by her ex-husband is a material change in circumstances warranting a modification of spousal support, and such a modification does not violate U.S. bankruptcy law. |
Gonzalez v. Gonzalez
2005 ND 131
Highlight: Proposed findings prepared by trial counsel become the findings of the court when it affixes its signature to them. |
Interest of C.H. (CONFIDENTIAL)
2005 ND 130 Highlight: A district court's order for involuntary hospitalization must be based on clear and convincing evidence that there is a serious risk the individual will harm himself, others, or property if not hospitalized. |
Lee v. Lee
2005 ND 129
Highlight: A child support amount must be established in accordance with the guidelines. |
Syvertson v. State
2005 ND 128
Highlight: When establishing a Brady violation, the knowledge of the North Dakota State Hospital is not imputed to the State's Attorney's Office. |