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.
2651 - 2700 of 12359 results
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Gillespie, et al. v. National Farmers Union Property & Casualty Co.
2016 ND 193 Highlight: An insured's recovery under underinsured motorist coverage requires the insured be legally entitled to recover for injuries resulting from the tortious conduct of the owner or operator of the underinsured motor vehicle. |
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State v. Peterson
2016 ND 192 Highlight: A clerical error correctable under N.D.R.Crim.P. 36 includes a failure to accurately record an action taken by the district court, but the rule does not extend to correction of errors of substance. |
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City of Bismarck v. Pederson
2016 ND 191 Highlight: A criminal judgment for APC entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Estate of Ketterling
2016 ND 190 Highlight: In an unsupervised probate, an order determining some, but not all, of one person's claims or disputes in an estate is not appealable without an order or certification under N.D.R.Civ.P. 54(b). |
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Reciprocal Discipline of Haderlie
2016 ND 189 Highlight: Disciplinary action dismissed. |
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Interest of C.S., a child (CONFIDENTIAL)(CONSOLIDATED w/20150356)
2016 ND 188 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Schmidt (consolidated w/20150278) (cross-reference w/20140272)
2016 ND 187
Highlight: Police officers have limited authority to freeze the scene of a recently committed crime to investigate individuals who reasonably may be involved in the criminal activity without violating the Fourth Amendment. |
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State v. Grajczyk
2016 ND 180 Highlight: Criminal judgment entered after a jury found a defendant guilty of possession of methamphetamine with intent to deliver, possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
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Matter of Mangelsen (cross-ref. w/20130155)
2016 ND 179 Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Davies v. State
2016 ND 178 Highlight: A district court order denying petition to set aside a conviction and set for trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6). |
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Hickey v. State
2016 ND 177 Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Monster Heavy Haulers, LLC v. Goliath Energy Services, LLC, et al. (consol. 81)
2016 ND 176
Highlight: A rebuttable presumption of valid service of process arises when a return receipt for certified mail is signed, and the signator, if not the addressee, is presumed to have acted as the agent of the addressee authorized to accept service in the absence of proof to the contrary. |
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Schmidt, et al. v. City of Minot, et al.
2016 ND 175
Highlight: A district court only has appellate jurisdiction when authorized by statute or rule of the supreme court. |
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Garcia v. Levi
2016 ND 174
Highlight: A law enforcement officer's approach of a parked vehicle is not a seizure if the officer inquires of the occupant in a conversational manner, does not order the person to do something, and does not demand a response. |
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City of Grand Forks v. Jacobson
2016 ND 173 Highlight: When a case is transferred from municipal court, a district court must apply relevant municipal code provisions. |
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Taszarek, et al. v. Welken, et al.
2016 ND 172 Highlight: Piercing-the-corporate-veil factors include insufficient capitalization, failure to observe corporate formalities, nonpayment of dividends, insolvency at the time of the transaction, siphoning of funds, nonfunctioning of other officers and directors, absence of corporate records, and injustice, inequity or fundamental unfairness. |
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State v. Shaw
2016 ND 171
Highlight: Before a court permits the introduction of other-bad-acts evidence, it must do an on-the-record weighing of the probative value versus the risk of unfair prejudice. |
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Tangedal, et al. v. Mertens, et al.
2016 ND 170
Highlight: A political subdivision and its employee have immunity for claims caused by the performance or nonperformance of a public duty within the scope of the employee's employment unless a special relationship is established. |
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Adams v. Adams (cross-reference w/20140259)
2016 ND 169
Highlight: A district court's determination of business profits are a finding of fact subject to the clearly erroneous standard of review. |
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Horob, et al. v. Zavanna, LLC, et al.
2016 ND 168
Highlight: When the parties have agreed on a specific period for a temporary cessation of oil or gas production, that clause controls over the common-law doctrine of temporary cessation allowing a reasonable time for resumption of production. |
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State v. Engelhorn
2016 ND 167 Highlight: Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony. |
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Vacancy in Judgeship No. 5, Northeast Central Judicial District
2016 ND 166 Highlight: Judgeship retained at Grand Forks. |
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2015 Application for Permit to Enter Land(Consolidated w/ 20150312)
2016 ND 165
Highlight: The N.D. Rules of Civil Procedure do not require a water district to begin a civil action by serving a summons when applying for a permit to enter land for examining, surveying and mapping a proposed flood control project. |
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Ell v. Director, Dep't of Transportation
2016 ND 164
Highlight: A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge. |
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New Public School District #8 v. State Board of Public School Education, et al.
2016 ND 163 Highlight: Property annexed to a school district must be contiguous to that school district when the annexation becomes effective. |
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Snider, et al v. Dickinson Elks Building, LLC
2016 ND 162
Highlight: The appealability of a judgment will be considered even if neither party raises the issue on appeal. |
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State v. Garnder
2016 ND 161
Highlight: Persons accused of crimes have a right to a trial by an impartial jury. |
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State v. Mercier
2016 ND 160
Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity. |
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State v. Hoffer
2016 ND 159 Highlight: A district court order deferring imposition of sentence entered after a conditional guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7). |
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State v. Heier
2016 ND 158 Highlight: The Fourth Amendment does not apply to searches or seizures by a private individual not acting as an agent of the government or with the participation and knowledge of any government official. |
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Peterson v. Peterson
2016 ND 157 Highlight: For obligors believing they can no longer pay the court-ordered spousal support, the appropriate procedure is to immediately move the court to abolish or reduce the court-ordered support because of a change of circumstances, not unilaterally to cease making the required payments. |
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Interest of D.W. (CONFIDENTIAL)
2016 ND 156 Highlight: For a sexually dangerous individual, the executive director of the department of human services may not be required to create a less restrictive treatment facility or treatment program specifically for the respondent or committed individual. |
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Sandahl, et al. v. City Council of the City of Larimore
2016 ND 155 Highlight: An appeal from a decision of a local governing body must be filed within 30 days of the decision. |
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State v. Francis
2016 ND 154
Highlight: Electioneering law prohibiting the gathering of signatures within 100 feet of the entrance to an open polling place is a reasonable time, place, and manner restriction on speech. |
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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. |
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State v. Asbach (cross-ref. w/20140471)
2016 ND 152 Highlight: Bad faith is a question of fact. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |