Opinions
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6001 - 6100 of 12358 results
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Interest of D.Z. (CONFIDENTIAL)
2002 ND 132
Highlight: To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property. |
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Howes v. Kelly Services, Inc.
2002 ND 131
Highlight: In considering a motion for judgment as a matter of law, a trial court must view the evidence in the light most favorable to the non-moving party and must accept the truth of the evidence presented by the non-moving party and the truth of all reasonable inferences from that evidence which supports the verdict. |
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State v. Bell
2002 ND 130
Highlight: Expert witnesses may testify when no objection is made as to their expertise and qualifications. |
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Rush v. ND Workers Comp., et al.
2002 ND 129 Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to the work injury. |
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Meide, et al. v. Stenehjem, et al.
2002 ND 128
Highlight: When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible. |
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New Town Public School Dist. v. State Bd. of Public School Ed.
2002 ND 127
Highlight: An administrative agency may deviate from a prior decision if it rationally explains the reason for its departure. |
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BeauLac v. BeauLac
2002 ND 126
Highlight: To find a person in contempt of a prior court order, that person must have had actual notice or knowledge of that order. |
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Sjostrand v. ND Workers Comp., et al.
2002 ND 125
Highlight: The Workers Compensation Bureau's termination of an injured worker's disability benefits for a false claim or false statement, without first providing an opportunity for an evidentiary hearing, does not violate the worker's right to due process of law. |
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Petition to Change Judgeship No. 2 or No. 6 from Valley City to Jamestown
2002 ND 124 Highlight: Petition to move chambers from Valley City to Jamestown denied. |
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Interest of N.S. (CONFIDENTIAL)
2002 ND 123 Highlight: The district court order for continuing mental health treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Johnson Farms v. McEnroe
2002 ND 122 Highlight: A finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court is left with a definite and firm conviction a mistake has been made. |
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State v. Maurstad (CONSOLIDATED W/20010293)
2002 ND 121
Highlight: Challenges to probationary searches, authorized by a probationer's conditions of probation, are reviewed under the standard of whether the search was reasonable, after examining the totality of the circumstances, including whether the search was performed in a reasonable manner. |
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Lithun, et al. v. DuPaul
2002 ND 120 Highlight: Disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Matrix v. TAG Investments, et al.
2002 ND 119 Highlight: An order and judgment offsetting the amounts the parties owed each other are summarily affirmed under N.D.R.App.P. 35.1(a)(7), subject to an adjustment of damages and a reduction in costs. |
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Kautzman v. Kautzman (Cross-ref.w/980004,990328,990386 & 20000083)
2002 ND 118 Highlight: A change of substance that contradicts the transcript of a deposition is impermissible unless it can plausibly be represented as the correction of an error in transcription. |
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Brandt v. Milbrath
2002 ND 117
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. |
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State v. Guthmiller (cross-reference 20020088)
2002 ND 116
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. |
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Piatz, et al. v. Austin Mutual Ins. Co.
2002 ND 115
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. |
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Shaw v. Shaw
2002 ND 114 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. |
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Nodak Mutual Ins. Co., et al. v. Stegman, et al. (Cross-Ref w/20000074)
2002 ND 113
Highlight: An acknowledgment of satisfaction of judgment must be notarized or otherwise witnessed and authenticated. |
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Phipps v. ND Dept. of Transportation
2002 ND 112
Highlight: A chemical test is performed when a breath, blood, or urine sample is taken and preserved for analysis. |
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Interest of R.K. (CONFIDENTIAL)
2002 ND 111
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. |
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Sevland v. Sevland
2002 ND 110
Highlight: Supervised visitation is not required unless there is a serious bodily injury, use of a dangerous weapon, or a pattern of domestic violence. |
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Mayer v. Mayer
2002 ND 109 Highlight: Order refusing to vacate a stipulated divorce decree is summary affirmed under N.D.R.App.P. 35.1(a)(4). |
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Larson v. McMorrow
2002 ND 108 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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State v. Taylor
2002 ND 107 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Edwardson
2002 ND 106
Highlight: A lawyer who cannot comply with a discovery request without jeopardizing the client should withdraw from representation rather than violate the rules of professional conduct. |
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State v. Jackson (Consolidated w/20010299)
2002 ND 105 Highlight: It is not ineffective assistance of counsel to fail to move for a judgment of acquittal when the prosecution has presented a prima facie case. |
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Nowling, et al. v. BNSF Railway, et al.
2002 ND 104 Highlight: Under N.D. Const. art. XII, sec. 13, the right of way for an operating railroad line is a public highway that is not subject to adverse possession or acquiescence. |
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Corbett v. Corbett
2002 ND 103
Highlight: There must be some factual basis in the record for the length of time spousal support is awarded, but a specific plan of rehabilitation is not required. |
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State v. Stewart (Consolidated w/20010284)
2002 ND 102
Highlight: Under N.D.R.Ev. 609(a)(i), for the purpose of attacking the credibility of a testifying accused, evidence that the accused has been convicted of a felony that meets the time limit of subdivision (b) must be admitted if the court determines that the probative value of admitting that evidence outweighs its prejudicial effect. |
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Hansen, et al. v. Scott, et al.
2002 ND 101
Highlight: A trial court may grant a certification under N.D.R.Civ.P. 54(b) if the issues raised in the appeal will not be mooted by future developments in the trial court. |
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Dvorak v. Disciplinary Board
2002 ND 100 Highlight: Lawyer reinstated to the practice of law. |
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Matrix Properties Corp. v. JCG Investments, et al.
2002 ND 99
Highlight: A judgment quieting title to real property and an order denying a motion to alter, amend, or vacate the judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State ex rel. Clayburgh v. American West Community Promotions, Inc.
2002 ND 98
Highlight: When a transaction involves the transfer of both tangible personal property and intangible personal property, the true object of the transaction must be examined to determine if the transaction is subject to sales tax. |
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Skadberg v. Skadberg
2002 ND 97
Highlight: To support a petition for a disorderly conduct restraining order, the petitioner must present evidence of specific acts or threats constituting disorderly conduct. |
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Paul v. ND Workers Comp. Bureau
2002 ND 96 Highlight: The Bureau has the burden of establishing that a vocational rehabilitation plan provides a claimant with a reasonable opportunity to obtain employment. |
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State v. Laib
2002 ND 95
Highlight: Whether a defendant establishes statements made in support of a search warrant were intentionally false or made with reckless disregard of the truth is a finding of fact. |
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Eide v. Eide
2002 ND 94 Highlight: Order denying a motion for relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Churchill v. Churchill
2002 ND 93 |
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Kaffar, et al. v. Dschaak, et al.
2002 ND 92 Highlight: Judgment quieting title to a parcel of property and denying claim of acquiescence to a new boundary line is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 91 Highlight: The defendant's convictions for theft of property, fleeing or attempting to elude a police officer, and reckless driving are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of T.J.R. (NOTE: case was consol. w/20010286)
2002 ND 90 Highlight: Termination of parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Moore
2002 ND 89 Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4). |
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Bettenhausen v. Bettenhausen
2002 ND 88 Highlight: The trial court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Looney v. Looney
2002 ND 87 Highlight: A judgment enforcing an earlier divorce judgment between the parties is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Matrix v. TAG Investments (Cross ref. See Docket Memo)
2002 ND 86 Highlight: As part of the enforcement of a judgment for specific performance of the conveyance of land, a purchaser may proceed by ancillary motion after the trial court has ordered the transfer of the land under N.D.R.Civ.P. 70 to recover costs, attorney fees, and damages for the seller's delay in conveying land. |
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Shiek v. ND Workers Comp. Bureau, et al.
2002 ND 85 Highlight: When a claimant receives a prior and a subsequent permanent impairment award, the overall number of weeks the claimant is entitled to receive for both the prior and subsequent impairments is the number of weeks that corresponds to the combined value of the prior and subsequent impairments on a whole body basis. |
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Knoll v. ND Dept. of Transportation
2002 ND 84
Highlight: If a person intentionally or unintentionally provides false information to an operator attempting to follow the State Toxicologist's approved methods for a chemical test, the person cannot challenge the foundation for admissibility of the test results on the ground that the false information resulted in the approved methods not being followed. |
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Cass Co. Joint Water Resource District v. 1.43 Acres of Land, et al.
2002 ND 83
Highlight: A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land. |
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Estate of Hass
2002 ND 82
Highlight: The trial court's decision whether to remove a personal representative for cause will not be set aside on appeal absent an abuse of discretion. |
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Uren v. Dakota Dust-Tex, Inc.
2002 ND 81
Highlight: Absent an express agreement to the contrary, a tenant is an implied co-insured under the landlord's property insurance policy, and the insurer may not seek subrogation against the tenant for damages caused by the tenant's negligence. |
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Luallin, et al. v. Koehler, et al.
2002 ND 80
Highlight: The requirements for registration of securities and dealers under the North Dakota Securities Act apply only to securities which are sold or offered for sale in this state and only to dealers or agents who offer for sale or sell any securities within or from this state. |
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State v. Steiger
2002 ND 79
Highlight: When sufficiency of the evidence is challenged, the evidence is examined in the light most favorable to the verdict to see whether a rational trier of fact could have found the essential elements of the crime were established beyond a reasonable doubt. |
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Interest of J.R. and L.R. (CONFIDENTIAL)
2002 ND 78 Highlight: A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians. |
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Whiteman v. State
2002 ND 77
Highlight: A defendant cannot be required to demonstrate how his appeal would have been successful in order to establish that he was prejudiced by his attorney's failure to pursue a requested appeal. |
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Harger v. Harger
2002 ND 76
Highlight: When a motion seeking modification of a child support order is brought within one year after its entry, the movant has the burden of demonstrating a material change in circumstances and the burden of presenting sufficient evidence to justify modification under the child support guidelines. |
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State v. Paul
2002 ND 75 Highlight: The trial court's judgment of conviction for the unauthorized use of a motor vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wilson v. Velva Rental Housing, Inc.
2002 ND 74 Highlight: Summary judgment dismissing contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Disbrow
2002 ND 73 Highlight: The defendant's conviction on multiple counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Peters-Riemers v. Riemers (See Docket Memo)
2002 ND 72
Highlight: When the state constitution was adopted in 1889 there was no common law or statutory right to a jury trial in divorce actions, and, therefore, N.D. Const. art. I, sec. 13 does not provide a right to a jury trial in divorce actions. |
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State v. Norby
2002 ND 71 Highlight: Defenses or objections based on defects in the institution of a prosecution or on defects in the criminal complaint must be raised prior to trial, unless the complaint failed to charge an offense or the district court did not have jurisdiction. |
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Negaard v. Negaard (cross-ref. w/20030174)
2002 ND 70
Highlight: A move sought in good faith and to gain legitimate advantages for the custodial parent and the child must not be denied simply because visitation cannot continue in the existing pattern. |
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Berg v. Berg
2002 ND 69
Highlight: There is a presumption only supervised visitation will be allowed a noncustodial parent who has committed domestic violence, and to award unsupervised visitation the court must enter specific findings showing there is clear and convincing evidence the presumption has been rebutted. |
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Knutson, et al. v. The County of Barnes, et al.
2002 ND 68 Highlight: Failure to present a claim against the state to the office of management and budget within one hundred and eighty days requires dismissal of a subsequent action. Summary judgment is appropriate when a party fails to plead the necessary elements to satisfy the statutory RICO requirements. |
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Marschner v. Marschner (cross-ref. w/20000172)
2002 ND 67 Highlight: The burden is on the complaining party to demonstrate a trial court's findings of fact are clearly erroneous. |
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DesLauriers v. DesLauriers
2002 ND 66
Highlight: The deliberate infliction of mental anguish upon one parent and the children by the other parent is relevant to the custody determination and may be considered by the trial court. |
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Olander Contracting v. Gail Wachter Investments, et al.
2002 ND 65
Highlight: Indemnification is a remedy allowing a party to recover reimbursement from another for the discharge of a liability that, as between them, should have been discharged by the other. |
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Isaak v. Sprynczynatyk
2002 ND 64
Highlight: A driving record is a regularly kept record, and establishes prima facie its contents. |
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Western National Mutual Ins. Co. v. UND
2002 ND 63
Highlight: N.D.C.C. 26.1-32-01 and 26.1-32-03 codify the efficient proximate cause doctrine for determining insurance coverage for property damage where an excluded peril and a covered peril contribute to the damage. |
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State v. Knowels (cross-ref. w/20030093)
2002 ND 62
Highlight: Failure to register as a sex offender is not a strict liability offense but, instead, includes the culpable mental state of "willfully." |
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Olson, et al. v. Bismarck Parks and Recreation District
2002 ND 61 Highlight: The recreational use immunity statutes do not violate the state equal protection clause when applied to winter sledders injured on a hill owned, operated, and maintained by a public landowner. |
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Anderson, et al. v. Heinze
2002 ND 60
Highlight: No counterclaim can be interposed in an eviction action, except as a setoff to a demand for damages or for rents and profits. |
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Klagues, et al. v. Maintenance Engineering
2002 ND 59
Highlight: The class-action "joint and common interest" generally exists if one class member's failure to collect would increase the recovery of the remaining members, or if the defendant's total liability does not depend on how the recovery of the claim is distributed among the class members. A joint and common interest is not the same as a common question of law or fact. |
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Wolfe v. Wolfe
2002 ND 58 Highlight: Permanent disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Vincent (Cross-Ref. w/19980185)
2002 ND 57 Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
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State v. Radcliffe
2002 ND 56 Highlight: Judgment of conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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BTA Oil Producers, et al. v. MDU Resources Group, et al.
2002 ND 55
Highlight: When an impoverishment results from a valid contractual arrangement made by a party, the result is not contrary to equity and there has been no unjust enrichment. |
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Petition to Change Resident Chambers from Watford City to Minot
2002 ND 54 Highlight: Judgeship transferred from Watford City to Minot. |
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Kelsh v. Jaeger
2002 ND 53
Highlight: The Legislature can truncate senate terms when reasonably necessary to accomplish a constitutional mandate or directive. |
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Froistad v. State
2002 ND 52
Highlight: A defendant's oral statement may be treated as a motion to withdraw a guilty plea. |
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Wagaman v. Burke
2002 ND 51 Highlight: An order changing summer custody into summer visitation is an order establishing custody for purposes of the two-year restriction on motions to change custody. |
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Interest of J.D. (CONFIDENTIAL)
2002 ND 50
Highlight: The statute requires evidence that less restrictive conditions were considered to affirm a district court's commitment order as the least restrictive course of treatment appropriate for an individual. |
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Peters-Riemers v. Riemers (See Docket Memo)
2002 ND 49
Highlight: An eviction action may be brought to enforce the terms of a divorce judgment. |
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City of Grand Forks v. Thong
2002 ND 48
Highlight: The legislature set twenty-eight days as the time a defendant in municipal court has to request a trial by jury. |
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Dufner v. Dufner
2002 ND 47
Highlight: If the evidence establishes one of the grounds for divorce, it is not necessary for the court to make findings on other available grounds. |
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Dalan v. Paracelsus Healthcare Corp.
2002 ND 46
Highlight: When a party fails to establish the existence of a factual dispute on an essential element of his claim, on which he will bear the burden of proof at trial, summary judgment is appropriate. |
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Opp v. Ward Co. Social Services Bd., et al.
2002 ND 45 Highlight: Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support. |
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Henderson v. Director, N.D. Dept. of Trans.
2002 ND 44
Highlight: The Supreme Court exercises a limited review in appeals involving drivers' license suspensions or revocations. |
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State v. Schmidt
2002 ND 43 Highlight: Absent an offer of proof to support the claim, a trial court does not err in denying a motion in limine for a jury instruction on an affirmative defense of innocent mistake of fact. |
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Wahl v. Country Mutual Ins. Co., et al.
2002 ND 42
Highlight: The statutory requirement that an insurer give at least ten days notice of cancellation of a commercial insurance policy during the term of the policy does not require an insurer to provide notice of cancellation when the policy term expires. |
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State v. Morrison
2002 ND 41 Highlight: Judgment of conviction for assaulting a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Aipperspach
2002 ND 40 Highlight: Denial of motion to suppress and judgment of conviction for abuse of child in violation of N.D.C.C. 14-09-22 summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Dennison v. N.D. Dept. of Human Serv.
2002 ND 39
Highlight: The State's recorded homestead statement for old age assistance benefits under N.D.R.C. 50-0707 (1943) affects the right or interest of the State in land in North Dakota under the exception to the Marketable Record Title Act in N.D.C.C. 47-19.1-11(2). |
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Gruebele, et al. v. Geringer
2002 ND 38 Highlight: A claimant's action to quiet title based on adverse possession will fail when the claimant is unable to prove hostile, exclusive, and continuous possession for the statutorily required time. |
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Kelly v. Kelly
2002 ND 37
Highlight: An order changing custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous. |
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State v. Hirschkorn
2002 ND 36
Highlight: Because of the importance of an accused's confrontation rights, the safeguards built into N.D.R.Ev. 803(24), allowing admission in evidence of a child's hearsay statements about sexual abuse, must be strictly observed. |
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Zeller v. Zeller
2002 ND 35
Highlight: When the relevant factors for consideration in determining a motion to change the residence of a child to another state weigh in favor of the custodial parent's request to relocate the child, the trial court's denial of the motion is reversible error. |
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City of Jamestown v. Jerome
2002 ND 34
Highlight: A police officer is not fulfilling a community caretaking function when approaching a person under circumstances where it is obvious the person is neither in need of nor desires assistance. |
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Estate of Howser
2002 ND 33
Highlight: Whether undue influence exists is a question of fact. |