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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.

6061 - 6070 of 12403 results

Brandt v. Milbrath 2002 ND 117
Docket No.: 20010294
Filing Date: 7/15/2002
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: Although prior driving behavior may be probative of negligence and comparative negligence, it may be excluded because of a witness's uncertainty as to the identity of the vehicle or driver.
The district court and appellate court apply different standards when considering a motion for a new trial.
When considering a motion for a new trial, based on insufficient evidence, the district court must weigh the evidence and examine the evidence supporting the verdict and the evidence challenging the verdict.
On appeal, the standard for reviewing an order denying a motion for new trial is, after viewing the evidence in the light most favorable to the verdict, whether there is sufficient evidence to justify the verdict.

State v. Guthmiller (cross-reference 20020088) 2002 ND 116
Docket No.: 20010312
Filing Date: 7/11/2002
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Whether probable cause exists to issue a search warrant is a question of law, and on appeal, the sufficiency of information before the magistrate is reviewed based on the totality of the circumstances.
For a home search warrant, the evidence before the magistrate must show a nexus between the home and the contraband sought.

Piatz, et al. v. Austin Mutual Ins. Co. 2002 ND 115
Docket No.: 20010082
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Insurance
Author: Neumann, William

Highlight: When the record on appeal does not allow for a meaningful and intelligent review of an alleged error, we will decline to review the issue.
An insurance company does not waive its defenses regarding the reasonableness and necessity of continued treatment by initially paying no-fault benefits.
A witness need not be licensed in a particular field to be an expert, so long as the witness possesses the requisite knowledge, skill, experience, training, or education in that field.

Shaw v. Shaw 2002 ND 114
Docket No.: 20010268
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A child support obligor is entitled to an adjustment of a child support obligation for extended visitation if the trial court orders visitation or custody for the obligor parent that exceeds sixty out of ninety consecutive nights.

Nodak Mutual Ins. Co., et al. v. Stegman, et al. (Cross-Ref w/20000074) 2002 ND 113
Docket No.: 20010225
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Insurance
Author: Sandstrom, Dale

Highlight: An acknowledgment of satisfaction of judgment must be notarized or otherwise witnessed and authenticated.
A person who does not regain consciousness after an accident and does not suffer conscious pain and suffering may bring a personal injury action against the tortfeasor for other damages, and therefore is an "injured person" under the hospital lien statute, N.D.C.C. 35-18-01.
A hospital lien attaches immediately upon rendering of medical services to a person injured in an accident.
A valid hospital lien has priority over claims of other creditors, and the hospital is entitled to collect the full amount of its lien from the tortfeasor's insurance without equitable allocation with other creditors' claims.

Phipps v. ND Dept. of Transportation 2002 ND 112
Docket No.: 20020055
Filing Date: 7/11/2002
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: A chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis.
Performance of a chemical test does not ensure the admissibility of the test results.
A chemical test performed exactly two hours after driving is performed within two hours of driving.

Interest of R.K. (CONFIDENTIAL) 2002 ND 111
Docket No.: 20020013
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Juvenile Law
Author: Kapsner, Carol

Highlight: The definition of a deprived child is broad enough to include a child whose parent, while never having had the opportunity to care for the child, is shown to be presently incapable of providing parental care for the child.
In making a custody disposition under the Uniform Juvenile Court Act, the court has considerable latitude but must rule consistent with the purpose of the Act to provide for the care of the child in a family environment whenever possible, separating the child from a parent only when necessary for the child's welfare or in the interest of public safety.

Sevland v. Sevland 2002 ND 110
Docket No.: 20010231
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Supervised visitation is not required unless there is a serious bodily injury, use of a dangerous weapon, or a pattern of domestic violence.
The visitation statute is not designed to place into the hands of children power over the occurrence, length, time, or place of the visits.

Mayer v. Mayer 2002 ND 109
Docket No.: 20020036
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order refusing to vacate a stipulated divorce decree is summary affirmed under N.D.R.App.P. 35.1(a)(4).

Larson v. McMorrow 2002 ND 108
Docket No.: 20020042
Filing Date: 7/11/2002
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: The district court's issuance of a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

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