Opinions
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5901 - 6000 of 12418 results
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State v. Moore
2003 ND 83
Highlight: The right to appeal and the deadline for filing an appeal are statutory. |
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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). |
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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. |
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Weninger v. Grzeskowiak
2003 ND 80 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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Spagnolia v. Monasky, et al.
2003 ND 65
Highlight: A contract is ambiguous when rational arguments can be made for different interpretations. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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). |
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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. |
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Disciplinary Board v. Schoppert
2003 ND 54 Highlight: Interim suspension of lawyer ordered. |
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Lawrence v. Delkamp (CON w/20020291)
2003 ND 53 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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American Ntl. Fire Ins. Co. v. Hughes
2003 ND 43
Highlight: An insurer is precluded from obtaining subrogation from its insured. |
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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. |
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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. |
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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). |
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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. |
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Hegland v. McKechnie
2003 ND 37
Highlight: The details of prior private discipline should not be alleged in a petition for public discipline. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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State v. Olson (consol. w/20020092)
2003 ND 23
Highlight: Probation revocation is not a stage of a criminal proceeding. |
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Disciplinary Board v. McKechnie
2003 ND 22
Highlight: A lawyer is publicly reprimanded and ordered to pay the costs of the disciplinary proceedings for violating N.D.R. Prof. Conduct 1.4(b). |
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First Western Bank & Trust v. First Lutheran Church Foundation, et al.
2003 ND 21
Highlight: The parties have the primary duty to bring to the court's attention the proper rules of law applicable to a case. |
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Hanson v. Hanson
2003 ND 20
Highlight: N.D.R.Civ.P. 59(j) does not apply to a motion for change of custody. Rather, a motion to modify custody is properly brought under N.D.C.C. 14-09-06.6. |
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State v. Holzer
2003 ND 19 Highlight: When challenging the validity of a search warrant based on an allegation of information being omitted from the application for the warrant, the defendant must show (1) that the police omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading, and (2) that the affidavit if supplemented by the omitted information would not have been sufficient to support a finding of probable cause. |
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Wagner v. Squibb, et al.
2003 ND 18 Highlight: Without a sufficient transcript of the trial court proceedings, this Court cannot make a meaningful and intelligent review of a trial court's decision. |
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Moen v. State
2003 ND 17
Highlight: To pursue a claim against the State or a state employee, a person must give notice of the claim within 180 days "after the alleged injury is discovered or reasonably should have been discovered." |
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Shields v. Shields
2003 ND 16 Highlight: Spousal support is appropriate for a disadvantaged spouse who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity. |
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State v. Leppert
2003 ND 15
Highlight: The 2001 amendments to N.D.C.C. 31-13-03 authorize DNA testing of persons convicted of nonsexual felonies and establish a DNA data base for the test results of persons convicted of those offenses. |
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Rittenour, et al. v. Gibson
2003 ND 14
Highlight: A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest. |
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Lee, et al. v. Owan
2003 ND 13 Highlight: A trial court judgment finding the terms of an oral contract were definite and the parties' performance was sufficient to remove the contract from the statute of frauds is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Howe, et al. v. Microsoft Corporation, et al.
2003 ND 12
Highlight: Class certification is not automatically precluded because individual issues will remain after the common questions of law and fact have been resolved. |
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Disciplinary Board v. Lee
2003 ND 11 Highlight: Lawyer suspended from the practice of law for one year. |
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Dennison v. ND Dept. of Human Services
2003 ND 10 Highlight: The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) runs against the recipient of benefits and not against the land, and the State's claim against the recipient's estate may be extinguished if not pursued in a timely manner. |
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Jundt v. Jurassic Resources, et al.
2003 ND 9
Highlight: A trial court abuses its discretion only when it acts in an unreasonable, arbitrary, or unconscionable manner, when its decision is not the product of a rational mental process leading to a reasoned decision, or when it misinterprets or misapplies the law. |
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Wilson v. Farmers Insurance Group
2003 ND 8 Highlight: Except when the evidence is such that a reasoning mind could draw only one conclusion, whether an insured substantially complied with an insurance policy provision is a question of fact precluding summary judgment. |
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State, et al. v. Gratech Co., et al.
2003 ND 7 Highlight: Absent a specific statutory or contractual exclusion, arbitrators have jurisdiction to determine whether a party has complied with procedural conditions precedent to arbitration. |
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State v. Hammeren
2003 ND 6
Highlight: The defendant has the burden of proving, by a preponderance of evidence, the affirmative defense of entrapment. |
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Engh v. Engh
2003 ND 5 Highlight: A party moving for a change in child custody within two years after entry of an order establishing custody may get an evidentiary hearing only if the trial court first determines the moving party has established a prima facie case justifying a modification by showing willful interference with visitation, danger to the child's health, or a change in primary physical care of the child to the other parent for longer than six months. |
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Kondrad v. Bismarck Park District
2003 ND 4 Highlight: While the law does not favor contracts exonerating parties from liability for their conduct, parties are bound by clear and unambiguous language evidencing an intent to extinguish liability. |
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Higgins v. Trauger (Consolidated w/20020133)
2003 ND 3
Highlight: Collusion does not require fraudulent conduct. |
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Downing v. ND Workers Comp., et al.
2003 ND 2 Highlight: Judgment of the district court affirming a final order of the North Dakota Workers Compensation Bureau is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Duemeland v. Norback
2003 ND 1 Highlight: A document is ambiguous when reasonable arguments can be made for different interpretations of the meaning of the document. |
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Estate of Gleeson
2002 ND 211 Highlight: A person protected by a conservatorship retains the capacity to contract or engage in other transactions under our conservatorship statutes. |
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State v. Bingaman
2002 ND 210 Highlight: In determining whether to order restitution, a court may take into account the defendant's ability to pay the restitution amount. |
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Hilton v. ND Education Association, et al.
2002 ND 209
Highlight: Counselors who were certified under N.D.C.C. ch. 15-36 and who did not devote more than fifty percent of their time to administration duties were teachers under N.D.C.C. ch. 15-38.1. |
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State v. Weisz
2002 ND 207
Highlight: When a party fails to adequately preserve an issue for appellate review, appellate inquiry is limited to noticing obvious error. |
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Sweeney v. Sweeney
2002 ND 206
Highlight: A trial court's decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal. |
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Gawryluk v. Poynter, et al.
2002 ND 205 Highlight: The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests. |
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Grand Forks Professional Baseball, Inc., et al. v. Workers Comp.
2002 ND 204 Highlight: An officer or director of a corporation can be held personally liable for unpaid worker's compensation insurance premiums even though that officer or director does not own stock in the corporation. |
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State v. Boyd
2002 ND 203
Highlight: A community caretaking encounter does not involve detecting, investigating, or acquiring evidence related to a potential legal violation. |
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State v. Bingaman (cross-reference w/20020134)
2002 ND 202 Highlight: To prove obvious error, a party must show (1) error, (2) which is plain, and (3) that affects substantial rights. |
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Wanner v. N.D. Workers Comp. Bureau
2002 ND 201
Highlight: While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material |
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State v. Hernandez
2002 ND 200 Highlight: Judgment entered on defendant's guilty plea to gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of G.H.
2002 ND 199 Highlight: A district court order requiring treatment at the State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Mohamed
2002 ND 198 Highlight: Conviction of child abuse and neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Disciplinary Board v. Sundby
2002 ND 197 Highlight: Interim suspension of lawyer ordered. |
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Larson v. Larson
2002 ND 196 Highlight: A motion to reconsider an order disposing of a time-tolling, post-trial motion does not extend the time to file a notice of appeal. |
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Greybull v. Harlan
2002 ND 195 Highlight: Denial of motion to reduce child support payment summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Giese v. Giese
2002 ND 194
Highlight: A party cannot demand a change of judge under N.D.C.C. 29-15-21 when the assigned judge has ruled upon any matter pertaining to an action or proceeding in which the demanding party was heard or had an opportunity to be heard. |
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State v. Jones
2002 ND 193
Highlight: A defendant charged with a felony has a right to a preliminary hearing and, if assisted by counsel, can waive this right. |
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Ramsey Co. Social Serv. Bd., et al. v. Kamara
2002 ND 192
Highlight: When seeking modification of a child support order within one year of its entry, the party seeking modification must establish that a material change of circumstances has occurred. |