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 12358 results
|
Lawrence v. Roberdeau, et al. (consolidated w/20030061)
2003 ND 124
Highlight: Witness immunity bars a suit challenging a witness's testimony. |
|
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. |
|
Ringsaker v. Workforce Safety and Insurance
2003 ND 122
Highlight: Litigants have a duty to comply with clearly communicated case-management orders. |
|
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. |
|
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. |
|
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. |
|
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. |
|
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. |
|
State v. Steen (Consolidated w/20020356-20020360)
2003 ND 116
Highlight: An order correcting an illegal sentence involves a substantial right and is appealable. |
|
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. |
|
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. |
|
Rist v. ND Dept. of Transportation
2003 ND 113
Highlight: Community caretaking justifies law enforcement contact without reasonable suspicion of unlawful conduct. |
|
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. |
|
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. |
|
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. |
|
John T. Jones Construction Co. v. City of Grand Forks
2003 ND 109
Highlight: Parties to an arbitration agreement cannot contractually expand the scope of judicial review of an arbitration award beyond that provided by the Uniform Arbitration Act. |
|
State v. Matthews
2003 ND 108
Highlight: A warrantless search of a dwelling for the purpose of investigation may be upheld under the emergency doctrine when the primary intent of the investigation is to render aid or assistance to someone in a dangerous situation. |
|
State v. Heupel
2003 ND 107 Highlight: Convictions for theft by deception and tampering with physical evidence are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
|
State v. Schmidt
2003 ND 106 Highlight: Criminal trespass conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
|
Hogan v. Hogan
2003 ND 105
Highlight: That the trial court's decision did not follow the custody investigator's recommendation is not convincing evidence that the court failed to adequately consider the report or erred in exercising its judgment in its custody award. |
|
Public Service Commission v. Wimbledon Grain Co., et al.
2003 ND 104 Highlight: Farmers with unpaid credit-sale contracts with an insolvent grain buyer are "claimants" entitled to participate in the non-bond assets of the trust fund under N.D.C.C. 60-02.1-30, and the Public Service Commission is obligated to marshal the non-bond trust fund assets for their benefit. |
|
Holman, et al. v. Berglund, et al.
2003 ND 103 Highlight: Dismissal of a malpractice claim is summarily affirmed under N.D.R.App.P. 35.1(a)(7). Dismissal of a lack of informed consent claim is summarily reversed under N.D.R.App.P. 35.1(b). |
|
Damron v. State
2003 ND 102 Highlight: To claim ineffective assistance of counsel in a plea agreement, a defendant must prove a serious dereliction on the part of the defendant's attorney that prevented the guilty plea from being anything other than knowingly and intelligently made. |
|
Interest of I.K. (CONFIDENTIAL)
2003 ND 101
Highlight: Before a court may order an extension of a continuing alternative treatment order, it must find from specific evidence that the patient is mentally ill and that there is a reasonable expectation that if the individual went untreated, there exists a serious risk of harm to the patient, to others, or to property. |
|
Olander Contracting Co. v. Gail Wachter Investments, et al.
2003 ND 100
Highlight: After becoming final, an appellate judgment on the merits of a dispute should be set aside under N.D.R.Civ.P. 60(b) only in exceptional circumstances. |
|
State v. Tognotti
2003 ND 99
Highlight: An officer arresting a passenger in a vehicle can search the driver's purse incident to the arrest without violating the driver's Fourth Amendment rights. State v. Gilberts, 497 N.W.2d 93 (N.D. 1993), is overruled to the extent it is contrary to this holding. |
|
Interest of A.B. (CONFIDENTIAL)
2003 ND 98
Highlight: A juvenile court does not reversibly err in reversing a judicial referee's recommendation where the record before the juvenile court includes the undisputed factual matters necessary for resolution of the case and the issues involved in the case are legal issues. |
|
Cue v. State
2003 ND 97
Highlight: A court is required to give a criminal defendant, upon sentencing, credit for all time spent in custody as a result of the criminal charge or conduct for which the sentence is being imposed. |
|
Peters-Riemers v. Riemers
2003 ND 96
Highlight: A moot issue will be determined if the controversy is one of great public interest and involves the authority and power of public officials or if the matter is capable of repetition, yet evading review. |
|
Boser v. Hanson, et al.
2003 ND 95
Highlight: Jury instructions must fairly and adequately inform the jury of the applicable law. |
|
Spath v. State (cross-ref. w/990302 & 970230)
2003 ND 94 Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Marcotte's Builders Supply v. Strobel, et al.
2003 ND 93 Highlight: Judgment in a home construction contract dispute is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Haugenoe, et al. v. Bambrick, et al.
2003 ND 92
Highlight: If, in a medical malpractice case, the alleged malpractice is beyond the understanding of a layperson, an expert opinion must be obtained within three months of the commencement of the action to support the allegation of medical malpractice. |
|
Northern Plains Alliance, L.L.C. v. Mitzel, et al.
2003 ND 91
Highlight: When parties enter an agreement for the sale of property which is expressly subject to a right of first refusal by a third party, the contract is conditional and becomes binding on the seller only if the right of first refusal is not exercised. |
|
Sonsthagen v. Sprynczynatyk
2003 ND 90
Highlight: For a law enforcement officer to testify about the results of a sobriety test, the proper foundation to be established is evidence of the officer's training and experience in administering the test and evidence that the test was properly administered. |
|
State v. Corum
2003 ND 89
Highlight: Illegally obtained evidence cannot be the basis for a magistrate's finding of probable cause to support a search warrant. |
|
K.L.B., et al. v. S.B. (CONFIDENTIAL)
2003 ND 88
Highlight: The court can vacate a default judgment when circumstances justify it under a properly raised motion for relief from the judgment under N.D.R.Civ.P. 60(b). |
|
Ramey v. Twin Butte School Dist.
2003 ND 87 Highlight: To establish a prima facie case of discrimination for failure-to-hire under the North Dakota Human Rights Act, a plaintiff must show: (1) she is a member of a protected class under the Human Rights Act; (2) she sought and was qualified for the position; (3) she suffered an adverse employment decision; and (4) others not in the protected class were treated more favorably. |
|
Trinity Health v. North Central Emergency Services
2003 ND 86
Highlight: Whether a contract has been substantially performed and whether a party has breached a contract are questions of fact. |
|
Fercho v. Remmick
2003 ND 85
Highlight: An appellate court decides the threshold issue of mootness before reaching the merits of an appeal. |
|
Matter of Garrison State Bank and Trust
2003 ND 84 Highlight: If the party moving for summary judgment meets its initial burden of showing the absence of a genuine issue of material fact, the nonmoving party may not rely on mere allegations, but must present competent evidence by affidavit or other comparable means creating a material factual dispute. |
|
State v. Moore
2003 ND 83
Highlight: The right to appeal and the deadline for filing an appeal are statutory. |
|
Disciplinary Board v. Giese
2003 ND 82
Highlight: An attorney is suspended from the practice of law and ordered to pay costs and restitution for violating N.D.R. Prof. Conduct 1.8, 3.1, 3.2, and 8.4(e) and N.D.R. Lawyer Discipl. 1.2(a)(3). |
|
State v. Fields
2003 ND 81
Highlight: During an investigatory stop of a vehicle, a traffic violator can be temporarily detained until the legitimate investigative purposes of the traffic stop have been completed. |
|
Weninger v. Grzeskowiak
2003 ND 80 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Hoffner, et al. v. Johnson, et al.
2003 ND 79
Highlight: The six-year statute of repose for medical malpractice actions under N.D.C.C. 28-01-18(3) does not violate equal protection. |
|
Morton Co. Social Service Bd. v. Hakanson
2003 ND 78
Highlight: A child support order is modified when past due child support obligations are forgiven. |
|
Sommers v. Sommers
2003 ND 77
Highlight: A party moving to dismiss an appeal for acceptance of benefits of a judgment must clearly establish waiver of the right to appeal by the other party. |
|
State v. Thorson
2003 ND 76
Highlight: To establish obvious error, the defendant has the burden to show (1) error, (2) that is plain, and (3) that affects substantial rights. |
|
Malchose v. Kalfell, et al.
2003 ND 75
Highlight: A trial court may determine a document is authentic based on the proponent's chain of custody testimony and the document's internal indicia of trustworthiness. |
|
Disciplinary Board v. Query (CONSOLIDATED W/20030025)
2003 ND 74 Highlight: Lawyer disbarred for conviction of a serious crime, and the effective date for disbarment is the date of the disbarment order. |
|
State v. Tollefson
2003 ND 73 Highlight: An officer who reasonably believes a suspect may have a weapon in his pocket, but who is unable to determine with certainty whether the object is a weapon during a pat-down search, acts reasonably by reaching into the pocket to recover the object. |
|
Ellis v. State
2003 ND 72 Highlight: A Sixth Amendment violation of the right to assistance of counsel occurs if the government knowingly intrudes into the attorney-client relationship and the intrusion demonstrably prejudices the defendant, or creates a substantial threat of prejudice. |
|
Vandeberg v. State (Consolidated w/20020321)
2003 ND 71 Highlight: The State cannot require a petitioner, in every post-conviction relief case, to prove up his case prior to any hearing merely by moving for summary disposition and asserting the petitioner has offered no evidence to support his claims. |
|
Flattum-Riemers v. Flattum-Riemers
2003 ND 70
Highlight: A trial court's decision to change the location of a hearing to a county other than the county of venue will not be reversed on appeal unless the court has abused its discretion. |
|
Wagner v. Miskin
2003 ND 69
Highlight: An appellant assumes the consequences and the risk for the failure to file a complete transcript, and if the record on appeal does not allow for a meaningful and intelligent review of alleged error, this Court will decline review of the issue. |
|
Interest of B.N. & K.K. (CONSOLIDATED W/20020281) (CONFIDENTIAL)
2003 ND 68 Highlight: The probability of serious mental and emotional harm to a child may be established by prognostic evidence that a parent's current inability to properly care for the child will continue long enough to render improbable the successful assimilation of the child into a family if the parent's rights are not terminated. |
|
Nelsen v. N.D. Dept. of Transportation, et al.
2003 ND 67 Highlight: A judgment affirming a Central Personnel Division order upholding a Department of Transportation decision to terminate an employee is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
|
State v. Norman
2003 ND 66
Highlight: The DNA database sampling requirements in N.D.C.C. 31-13-03 apply (1) to persons convicted after July 31, 2001, of a listed felony offense; and (2) to persons incarcerated after July 31, 2001, as a result of a conviction for one of the listed offenses. |
|
Spagnolia v. Monasky, et al.
2003 ND 65
Highlight: A contract is ambiguous when rational arguments can be made for different interpretations. |
|
Koapke v. Herfendal, et al.
2003 ND 64
Highlight: A referring physician does not have a duty to obtain a patient's informed consent unless the referring physician formally prescribed or performed the procedure. |
|
Bachmeier v. Workers Comp. et al.
2003 ND 63
Highlight: A claimant who files a reapplication seeking a resumption of discontinued disability benefits must prove an actual wage loss caused by a significant change in the compensable medical condition. |
|
Henry v. Securities Commissioner (Consolidated w/20020156 & 20020157)
2003 ND 62 Highlight: An order of the Securities Commissioner denying a motion to dismiss a cease and desist order is not a final order under the Administrative Agencies Practice Act and is not appealable. |
|
Lanners, et al. v. Johnson, et al.
2003 ND 61 Highlight: When a plaintiff presents a prima facie case for child custody modification, an evidentiary hearing must be held. |
|
Argabright v. Rodgers, et al.
2003 ND 59
Highlight: An ostensible agency rests upon conduct or communications of the principal which, reasonably interpreted, causes a third person to believe the agent has authority to act for and on behalf of the principal. |
|
Cannaday v. Cannaday
2003 ND 58
Highlight: The rules for the division of property are the same in a separation action as in a divorce action, and the division must be an equitable one. |
|
City of Bismarck v. Stockert (Consolidated w/20020332 & 20020333)
2003 ND 57 Highlight: Conviction for criminal mischief, disorderly conduct, and unlawful registration of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
City of Devils Lake v. Alford
2003 ND 56 Highlight: Denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Schmidt v. Schmidt
2003 ND 55
Highlight: A trial court determining the best interest and welfare of a child in making a custody decision may appropriately consider such things as the child's interaction and interrelationships with a party's extended family and other people, such as childcare providers and others who may significantly affect the child's best interests. |
|
Disciplinary Board v. Schoppert
2003 ND 54 Highlight: Interim suspension of lawyer ordered. |
|
Lawrence v. Delkamp (CON w/20020291)
2003 ND 53 |
|
Skjervem v. Minot State Univ.
2003 ND 52 Highlight: When no pertinent evidence on an essential element of a party's claim is presented in resistance to a motion for summary judgment, it is presumed no such evidence exists. |
|
Questa Resources, et al. v. Stott, et al.
2003 ND 51 Highlight: A foreign corporation creating and enforcing a security interest by way of a mortgage is not required to obtain a certificate of authority in this state prior to bringing an action to foreclose the mortgage. |
|
Grinnell Mutual Reinsurance Co. v. Center Mutual Ins. Co.
2003 ND 50
Highlight: Liability coverage for bodily injury because of an auto accident results under an insurance policy if the use of the auto arises out of the inherent nature of the auto. |
|
Judicial Vacancy in District Judgeship No. 7, East Central District
2003 ND 49 Highlight: Court orders Judgeship No. 7, with chambers in Hillsboro, East Central Judicial District, be retained and filled. |
|
Amyotte v. Rolette Co. Housing Authority
2003 ND 48
Highlight: A landlord's duty to protect others from harm by an animal on the premises arises only when the landlord knows that the animal is dangerous and presents an unreasonable risk of harm. |
|
Weaver v. State
2003 ND 47 Highlight: A trial court properly grants summary disposition of an application for post-conviction relief when the State's motion for summary disposition meets the initial burden of showing the application does not raise a genuine issue of material fact. |
|
Steinbach v. State
2003 ND 46
Highlight: A trial court can summarily dispose of a post-conviction relief application for misuse of process. Process is misused when the defendant: (1) inexcusably fails to raise an issue on direct appeal and now seeks review in an application for post-conviction relief; (2) inexcusably fails to pursue an issue on appeal which was raised at the trial court; (3) inexcusably fails to raise an issue in an initial post-conviction relief application. |
|
Morris v. Job Service
2003 ND 45
Highlight: A claimant for unemployment benefits has the burden of establishing the claimant, rather than the claimant's employers, contributed to a pension fund, to avoid the pension offset provisions of N.D.C.C. 52-06-02(15). |
|
Koehler v. County of Grand Forks, et al.
2003 ND 44
Highlight: A plaintiff alleging a failure-to-promote discrimination claim under the North Dakota Human Rights Act must show: (1) she was a member of a protected group; (2) she was qualified and applied for a promotion to an available position; (3) she was rejected; and (4) a similarly qualified employee who was not part of a protected group was promoted instead. |
|
American Ntl. Fire Ins. Co. v. Hughes
2003 ND 43
Highlight: An insurer is precluded from obtaining subrogation from its insured. |
|
Gronfur v. Workers Comp., et al.
2003 ND 42
Highlight: When reapplying to resume discontinued disability benefits, a claimant must prove an actual wage loss caused by a significant change in the compensable medical condition. |
|
City of Grand Forks v. Ramstad
2003 ND 41
Highlight: To establish a Brady violation, the defendant must show the prosecution withheld evidence which was favorable to him. |
|
Wilson v. State
2003 ND 40 Highlight: A judgment summarily denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
|
Murchison v. State
2003 ND 38
Highlight: A court may deny a post-conviction application on the grounds of misuse of process when a defendant inexcusably fails to pursue an issue leading to judgment of conviction, inexcusably fails to pursue an issue on appeal having raised the issue in the trial court, or inexcusably fails to raise an issue in an initial post-conviction proceeding. |
|
Hegland v. McKechnie
2003 ND 37
Highlight: The details of prior private discipline should not be alleged in a petition for public discipline. |
|
State v. Jahner
2003 ND 36
Highlight: Failure to raise an appropriate objection in the trial court waives the right, and the issue cannot be raised for the first time on appeal. Waiver applies to all rights and privileges to which a person is legally entitled when they are for the benefit of and rest in the individual who waived them. |
|
City of Jamestown v. Tahran
2003 ND 35 Highlight: A criminal ordinance prohibiting the storage of junk on any private property, except in an enclosed building or on the premises of a licensed junk dealer, in a city is not a zoning ordinance. |
|
Berger v. Holt
2003 ND 34 Highlight: A parent's legal obligation to support his or her child continues when the child is placed in foster care. |
|
Superpumper, Inc. v. Nerland Oil, et al.
2003 ND 33
Highlight: Lack of finality in an arbitration decision is not sufficient ground to overturn an award. |
|
D.D.I., Inc., et al. v. State Tax Commissioner
2003 ND 32
Highlight: A facially discriminatory tax may survive Commerce Clause scrutiny if the tax is a compensatory or complementary tax designed to make interstate commerce bear a burden already born by intrastate commerce. |
|
Simpson, et al. v. Chicago Pneumatic Tool Co., et al.
2003 ND 31 Highlight: A trial court's discovery decision and denial of a motion for new trial will not be reversed on appeal unless the court abused its discretion. |
|
State v. Anderson
2003 ND 30
Highlight: Even if there was a motion in limine, failure to object at trial operates as a waiver of the claim of error unless the alleged error amounts to an obvious error affecting the substantial rights of the defendant. |
|
Neidviecky v. Neidviecky
2003 ND 29
Highlight: In reviewing a trial court's award of custody between two fit parents, the Supreme Court will not retry the case or substitute its judgment for that of the trial court. |
|
Jensen v. State (Consol. w/20020147-148)
2003 ND 28 Highlight: An order summarily denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
|
Peltier v. State (Consolidated w/20020233, 20020234 & 20020235)
2003 ND 27 Highlight: Upon revocation of probation, the court is not bound by the terms of the plea agreement and may sentence a defendant to any sentence that was available at the time of the initial sentencing. |
|
Continental Resources, Inc. v. Schmalenberger, et al.
2003 ND 26 Highlight: Without a former client's consent, a lawyer may not represent another client in the same or a substantially related matter in which that client's interests are materially adverse to the interest of the former client. |
|
Interest of T.M.H. (CONFIDENTIAL)
2003 ND 25 Highlight: Sufficient evidence existed to support placement of a delinquent minor in a residential facility rather than at the minor's parent's home. |
|
Hartman v. Estate of Miller, et al.
2003 ND 24
Highlight: An insurer has a duty to act fairly and in good faith in dealing with its insured, including a duty of fair dealing in paying claims, providing defenses to claims, negotiating settlements, and fulfilling all other contractual obligations. |
|
State v. Olson (consol. w/20020092)
2003 ND 23
Highlight: Probation revocation is not a stage of a criminal proceeding. |