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.
5801 - 5900 of 12446 results
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Interest of W.O. (CONFIDENTIAL) (cross-reference w/20030323 & 20030340)
2004 ND 8 Highlight: An appeal of a district court's amended order revoking less restrictive treatment is rendered moot once the patient is released from the hospital and is placed on an identical order for less restrictive treatment. |
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Lee v. ND Dept. of Transportation
2004 ND 7 Highlight: In a driver's license administrative hearing involving an Intoxilyzer test, documentation requirements are not met when the approved method of administering the test is not admitted into evidence. |
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Eagleman v. State
2004 ND 6
Highlight: The movant for summary disposition of a petition for post-conviction relief bears the burden of showing there is no dispute as to either the material facts or the inferences to be drawn from undisputed facts and that the movant is entitled to judgment as a matter of law. |
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Binek v. Binek
2004 ND 5
Highlight: The enforceability of a premarital agreement entered into prior to the adoption of N.D.C.C. ch. 14-03.1 is governed by common law. |
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Fargo Glass and Paint v. Randall
2004 ND 4
Highlight: Under N.D.R.Civ.P. 60(a), there is no clerical mistake in a judgment if it accurately reflects uncontroverted evidence in the proceedings. |
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State v. Heckelsmiller
2004 ND 3 Highlight: Conviction of Criminal Trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Judicial Vacancy in District Judgeship No. 2, East Central Judicial Dt
2004 ND 2 Highlight: Judgeship retained at Fargo. |
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State v. Skalicky (Consol. w/20030164-20030167)
2004 ND 1 Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Saefke v. Stenehjem, et al.
2003 ND 202
Highlight: An action by a private party against the attorney general to challenge the correctness of an attorney general's opinion does not present a justiciable controversy. |
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DuPaul v. ND Dept. of Transportation
2003 ND 201 Highlight: A motorist may not appeal an administrative decision by the Department of Transportation to the district court and simultaneously petition for reconsideration of the Department's denial. If the motorist files a petition for reconsideration, the motorist may appeal the order on reconsideration to the district court. |
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Gratech Co., Ltd. v. Wold Engineering, P.C.
2003 ND 200
Highlight: Contracts for the construction and repair of a highway can include contracts for engineering and other professional services needed to complete the construction or repair. |
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Eberhardt v. Eberhardt
2003 ND 199
Highlight: A sufficient foundation can be established for the admission of medical bills into evidence by the claimant's testimony the bills were incurred. |
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VND, LLC v. Leevers
2003 ND 198
Highlight: The right to the possession of real estate is the only fact that can be litigated in a summary eviction action unless damages or rent is claimed. |
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State v. Waltz (CONSOLIDATED w/20030120 & 20030121)
2003 ND 197
Highlight: Probable cause to arrest exists when an officer has knowledge that would give a prudent person reasonable grounds to believe an offense has been or is being committed. |
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N.D. Dept. of Human Services v. Ryan
2003 ND 196
Highlight: Related administrative regulations are construed together and in conjunction with enabling legislation to harmonize and give meaning to each provision. |
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Linser v. Office of Attorney General, et al.
2003 ND 195
Highlight: An applicant for Medicaid benefits must prove eligibility. |
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Zander v. Workforce Safety and Insurance
2003 ND 194 Highlight: Clear and convincing evidence means evidence which leads to a firm belief or conviction that the allegations are true. |
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Benson v. Workforce Safety and Insurance
2003 ND 193 Highlight: If an appellant fails to serve the notice of appeal from an administrative order to the district court as required by the Administrative Agencies Practice Act, the district court lacks subject matter jurisdiction and the appeal must be dismissed. |
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State v. Parizek
2003 ND 192 Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Sabinash (Consolidated w/20030220)
2003 ND 191 Highlight: Conviction of drug offenses and an order denying motion to suppress summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Judicial Vacancy in District Judgeship No. 4, East Central Judicial Dt
2003 ND 190 Highlight: Judgeship retained at Fargo. |
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Judicial Vacancy in District Judgeship No. 1, Northeast Central Judicial Dt.
2003 ND 189 Highlight: Judgeship retained at Grand Forks. |
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Paul v. Workforce Safety and Insurance (cross-ref. w/20010290)
2003 ND 188
Highlight: The vocational rehabilitation statutes are designed to return an injured employee to substantial gainful employment as quickly and with as little retraining as possible. |
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State v. Dodson
2003 ND 187
Highlight: There must be a nexus between the place to be searched and the contraband sought to establish probable cause to issue a search warrant. |
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Christianson v. Christianson
2003 ND 186
Highlight: No North Dakota statute or case law provides for the imputation of income in spousal support cases. |
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Fish v. Dockter
2003 ND 185
Highlight: To be defamatory, a statement must be false, but there is no liability for defamatory statements that are privileged. |
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State v. Backlund
2003 ND 184
Highlight: An adult is guilty of luring a minor by computer when (1) the adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sadomasochistic abuse, or other sexual performances, (2) the adult willfully uses the computer communication system to initiate or engage in such communication with a person the adult believes to be a minor, and (3) by means of that communication, the adult willfully importunes, invites, or induces the person the adult believes to be a minor to engage in sexual acts or have sexual contact with the adult, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires. |
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Bay v. State
2003 ND 183
Highlight: Issues not raised to the trial court cannot be raised for the first time on appeal. |
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Interest of L.D.
2003 ND 182
Highlight: A petition for involuntary treatment must be supported by clear and convincing evidence. |
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Crane Johnson Lumber Co., et al. v. City of Fargo
2003 ND 181 Highlight: Property lying outside the limits of a special improvement district created by a municipality's governing body is not subject to assessment by the special assessment commission. |
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State v. Knowels (cross-ref. w/20010147)
2003 ND 180 Highlight: North Dakota law does not require a chemical test to convict a person of driving while under the influence of alcohol. A conviction may be sustained when evidence of defendant's intoxication is shown through witness testimony of defendant's intoxication, based on their observations of defendant. |
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Kamara v. State
2003 ND 179
Highlight: To establish ineffective assistance of counsel, a person must show counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him. |
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Negaard v. Negaard (cross-ref. w/20010251)
2003 ND 178 Highlight: Post-judgment divorce order granting costs and attorney's fees summarily affirmed under N.D.R.App.P. 35.1(a)(4), (7). |
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Elshaug v. Workforce Safety and Insurance, et al. (cross-reference 990286)
2003 ND 177
Highlight: A claimant has the burden of proving a right to receive workers compensation benefits or to continued benefits if they are terminated after liability for a claim has been accepted. |
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Knodel v. Knodel
2003 ND 176 Highlight: Divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Hanson v. Director, N.D. Dept. of Trans.
2003 ND 175
Highlight: Weaving twice onto the lane-dividing line on an interstate highway, even without erratic movement or sharp veering, can be sufficient to stop a vehicle. |
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State v. Beciraj (see Docket Memo)
2003 ND 173
Highlight: The crime of conspiracy is limited to agreements to engage in a crime or crimes that are defined elsewhere. |
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Litoff v. Pinter
2003 ND 172 Highlight: Although visitation between a child and the noncustodial parent is ordinarily presumed to be in the best interest of the child, visitation may be curtailed or eliminated entirely if it is likely to endanger the child's physical or emotional health. |
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State v. Beciraj (see Docket Memo)
2003 ND 171
Highlight: Obvious errors affecting substantial rights may be addressed on appeal even if the error was not brought to the attention of the trial court. |
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Disciplinary Board v. McKechnie (Cross-reference w/ 20020199)
2003 ND 170
Highlight: An attorney is appropriately suspended from the practice of law when this Court finds clear and convincing evidence of an ethical violation. |
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Akerlind v. Buck, et al.
2003 ND 169
Highlight: The credibility of witnesses, including expert witnesses, and the weight to be given their testimony, are questions for the trier of fact. |
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State v. $17,515.00 in Cash Money, et al.
2003 ND 168
Highlight: There is no constitutional right to a jury trial in a drug-related forfeiture proceeding. |
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Reineke v. Reineke
2003 ND 167
Highlight: The Ruff-Fischer guidelines apply to both property division and spousal support, which ordinarily must be considered together. |
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Damron v. Damron
2003 ND 166 Highlight: A custodial parent's homosexual household is not grounds for modifying custody within two years of a prior custody order in the absence of evidence the children's environment endangers or potentially endangers the children's physical or emotional health or impairs the children's emotional development. |
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Klingenstein v. Klingenstein
2003 ND 165 Highlight: A judgment awarding spousal support and dividing marital property is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wangler v. Lerol, et al.
2003 ND 164
Highlight: Waiver and estoppel will not operate to create an insurance contract that never existed. |
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Judicial Vacancy in District Judgeship No. 2, South Central District
2003 ND 163 Highlight: Judgeship ordered retained and filled. |
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Interest of R.F. (CONFIDENTIAL)
2003 ND 162
Highlight: At a mental health hearing on a petition for discharge, the burden of proof is the same as at an involuntary treatment hearing. |
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Disciplinary Board v. Hoffman (Consolidated w/ 20030142)
2003 ND 161
Highlight: An attorney is appropriately suspended from the practice of law for one year when the hearing panel has found clear and convincing evidence of professional conduct violations. |
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Ralston v. Ralston (cross-ref.w/20020184)
2003 ND 160 Highlight: A custodial parent does not need court approval to move a child out of state when the noncustodial parent has moved from the state before or after the divorce decree and lives more than fifty miles from the residence of the custodial parent. |
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Ruggles v. Sabe
2003 ND 159 Highlight: A vested remainderman has an action for waste against a life tenant. |
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Alerus Financial v. Lamb, et al.
2003 ND 158
Highlight: When a motion for enlargement of time is untimely, a court, in its discretion, may grant an enlargement of time only if the failure to file timely was the result of excusable neglect. |
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State v. Faleide (Consol. w/20030076-20030077)
2003 ND 157 Highlight: A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Grewal v. ND Association of Counties, et al.
2003 ND 156 Highlight: An employer of an independent contractor is not liable for the acts or omissions of the independent contractor unless the employer retains control of the method, manner, and operative details of the independent contractor's work. |
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State v. Zephyrin
2003 ND 155 Highlight: Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7). |
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Iglehart v. Iglehart
2003 ND 154 Highlight: Summary judgment is appropriate in a negligence action when the record indicates the defendant did not owe a duty to the plaintiff and was not negligent. |
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State v. Ballweg (consolidated w/20030052 & 20030053)
2003 ND 153
Highlight: Facts in a search warrant affidavit are not misleading if there was no reckless or deliberate falsity nor omitted information that would have negated probable cause. |
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Disciplinary Board v. Edin
2003 ND 152 Highlight: Interim suspension of lawyer ordered. |
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Interest of Z.C.B. (CONFIDENTIAL)
2003 ND 151
Highlight: A minor is not in custody and is not entitled to representation by his parents when he is asked common sense investigatory questions during a routine traffic stop. |
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Torgerson v. Torgerson
2003 ND 150
Highlight: An obligor need not show a material change in circumstances if the motion to modify child support is brought more than one year after entry of the support order. |
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United Valley Bank v. Lamb, et al.
2003 ND 149
Highlight: Rule 38, N.D.R.App.P., authorizes the court to award just damages and single or double costs, including attorney's fees for a frivolous appeal. |
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Lamb v. Riemers
2003 ND 148 Highlight: Unless a contract specifically provides otherwise, the seller may retain earnest money only if the buyer breaches the agreement. |
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Guardianship of Shatzka
2003 ND 147 Highlight: If a guardian is not appointed, the person for whom guardianship was sought may not be required to pay for a court-appointed visitor, lawyer, physician or temporary guardian. |
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Krank v. Krank
2003 ND 146 Highlight: In making its custody decision, the trial court is not required to make specific findings of fact on each factor under N.D.C.C. 14-09-06.2(1), but the court should consider all relevant factors in making the decision. |
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Orvedal v. Orvedal
2003 ND 145
Highlight: When the trial judge who enters an original divorce decree clarifies that decree, the court on appeal affords the clarification considerable deference. |
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Kjolsrud v. MKB Management Corp.
2003 ND 144 Highlight: North Dakota's false advertising law authorizes "any person acting for the interests of itself, its members, or the general public" to bring an action to enjoin violations only if that person satisfies standing requirements. |
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State v. Ricker
2003 ND 143 Highlight: Denial of a motion to suppress evidence is summarily affirmed under Rule 35.1(a)(2) and (3), N.D.R.App.P. |
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Deptuch v. Lindberg
2003 ND 142 Highlight: Judgment upon jury verdict in a contract dispute is summarily affirmed under 35.1(a)(3). |
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Barnes v. Workforce Safety and Insurance
2003 ND 141 Highlight: Nothing in the Rules of Evidence or the statutes governing administrative procedure precludes an employee of an agency from testifying as an expert witness in an administrative proceeding before the agency. |
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Kautzman v. Kautzman (Cross-Ref w/980004,990328,990386,20000083,&20010296)
2003 ND 140
Highlight: For an effective appeal on any proper issue, the matter must have been raised in the trial court, so the trial court could rule on it, and a failure to object to an irregularity at trial is a waiver of the issue. |
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Volz v. Peterson
2003 ND 139
Highlight: A party seeking modification of child custody is entitled to an evidentiary hearing if she presents a prima facie case by alleging, with supporting affidavits, sufficient facts which, if uncontradicted, would support a custody modification in her favor. |
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Interest of J.S. (CONFIDENTIAL) (see Docket Memo)
2003 ND 138 Highlight: A person requiring mental health treatment has the right to the least restrictive conditions necessary to achieve the purposes of the treatment. |
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State v. Stoppleworth (Consolidated w/20020346)
2003 ND 137 Highlight: When a victim is unable or unwilling to identify the defendant at trial, the victim's prior out-of-court statements identifying the defendant as his assailant are admissible if the victim testifies and is available for cross-examination at trial. |
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McKechnie v. Berg, et al.
2003 ND 136
Highlight: Admitting incompetent evidence in a bench trial is not reversible error unless it induced an improper finding. |
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Montgomery v. Montgomery (Cross-reference w/19910217)
2003 ND 135
Highlight: The trier of fact is entitled to weigh and evaluate testimony, and is not required to accept even undisputed testimony. |
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McMorrow v. State
2003 ND 134
Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief. |
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State v. Ehli
2003 ND 133 Highlight: Due process requires that parties be given notice and afforded a meaningful opportunity to present objections. |
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Langness v. Fencil Urethane Systems, et al.
2003 ND 132
Highlight: N.D.R.Ev. 702 envisions generous allowance of the use of expert testimony if proffered witnesses have some degree of expertise in the field in which they are to testify, and they need not have a formal title or be licensed in any particular field to qualify as an expert if their actual qualifications establish knowledge, skill, experience, training, or education in the field. |
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Benson v. Benson
2003 ND 131
Highlight: When a North Dakota court issues an initial custody decree, the state retains exclusive, continuing jurisdiction to modify the decree unless: (1) a North Dakota court determines the child and at least one parent no longer have a significant connection with the state and the state no longer has substantial evidence concerning the child, or (2) it is determined by North Dakota or another state that all of the parties to the custody dispute have moved away from the state. |
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McClure v. McClure
2003 ND 130 Highlight: In imputing income under N.D. Admin. Code sec. 75-02-04.1-07(3) for determining a child support obligation, the subdivision resulting in the greatest imputed income must be used. |
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Collette v. Clausen
2003 ND 129
Highlight: A supplier of a chattel can be liable for negligent entrustment if the supplier knows or has reason to know the person who he supplies the chattel to is likely to use the chattel in a manner involving unreasonable risk of physical harm to himself or others. |
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Weiss, et al. v. Collection Center, Inc., et al.
2003 ND 128
Highlight: The least-sophisticated-consumer standard is used to determine whether a debt collector has used false or misleading practices to collect a debt. |
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Interest of D.P.O.(CONFIDENTIAL) (Consolidated w/20030020)
2003 ND 127
Highlight: Establishment of a psychological parent relationship does not end the trial court's inquiry in making a custody decision, but merely furnishes a justification for the award of custody to a party other than the natural parent. |
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Matter of Fosaaen (CONFIDENTIAL)
2003 ND 126 Highlight: Lawyer transferred to incapacitated status. |
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Valley Honey Co. v. Graves, et al.
2003 ND 125
Highlight: If a condition appears on the face of a grant of real property, the grant takes effect on performance of the condition. |
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Lawrence v. Roberdeau, et al. (consolidated w/20030061)
2003 ND 124
Highlight: Witness immunity bars a suit challenging a witness's testimony. |
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Bladow v. Bladow
2003 ND 123 Highlight: The proceeds of a personal injury settlement received during the marriage are part of the marital estate, and their distribution is part of the equitable distribution of property in a divorce. |
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Ringsaker v. Workforce Safety and Insurance
2003 ND 122
Highlight: Litigants have a duty to comply with clearly communicated case-management orders. |
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Gonzalez v. Tounjian, et al
2003 ND 121
Highlight: A lessor who retains control over common areas of an apartment building has a duty to exercise reasonable care to keep the common areas safe. |
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Smith v. Baumgartner
2003 ND 120
Highlight: A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
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State v. Schwab
2003 ND 119
Highlight: Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion. |
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Syversen, et al. v. Hess, et al.
2003 ND 118
Highlight: When mistake is alleged, an unambiguous written deed can be altered by parol evidence. |
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Tarnavsky v. McKenzie Co. Grazing Association
2003 ND 117
Highlight: Statutes of limitation ordinarily begin to run from the commission of the wrongful act giving rise to the cause of action. |
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State v. Steen (Consolidated w/20020356-20020360)
2003 ND 116
Highlight: An order correcting an illegal sentence involves a substantial right and is appealable. |
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Coons v. Coons
2003 ND 115 Highlight: Where a presumption of domestic violence has been made and not yet rebutted, interim custody may be transferred from the presumed perpetrator until the presumption is rebutted by clear and convincing evidence. |
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Interest of K.P.
2003 ND 114 Highlight: To modify an alternative treatment order, a trial court must find by clear and convincing evidence: (1) the respondent is not complying with the alternative treatment order; or (2) the alternative treatment is not sufficient to prevent the respondent from harming the respondent or others. |
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Rist v. ND Dept. of Transportation
2003 ND 113
Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. |
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Van Klootwyk, et al. v. Baptist Home
2003 ND 112 Highlight: The three-month period for providing an admissible expert opinion under N.D.C.C. 28-01-46 applies only when a lawsuit based upon professional negligence is brought against a physician, nurse, or hospital, not a nursing home. |
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State v. Dimmitt
2003 ND 111
Highlight: If a judge impermissibly participates in plea negotiations, and a defendant shows his guilty plea resulted from the influence or confusion caused by the trial court's involvement in the negotiations, the defendant must be permitted to withdraw his guilty plea. |
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Tarnavsky v. Tarnavsky, et al.
2003 ND 110
Highlight: A partnership is an association of two or more persons to carry on as co-owners in business for profit and requires an intention to be partners, co-ownership of the business, and a profit motive. |