Opinions
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6001 - 6100 of 12446 results
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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. |
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Interest of F.R.S.
2002 ND 191 |
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State v. Skorick
2002 ND 190
Highlight: A trial court errs when it permits witnesses to remain in the courtroom for purposes of returning as rebuttal witnesses despite a request for sequestration. The error may be harmless when the testimony by the rebuttal witness did not affect the defendant's substantial rights. |
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State v. Dunn
2002 ND 189
Highlight: Persons have a reasonable privacy expectation in their personal property, which is protected by the Fourth Amendment proscription against unreasonable search and seizure. |
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Interest of D.Q., et al. (Confidential) (Consolidated w/20020079)
2002 ND 188 Highlight: A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous. |
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Walker v. Walker
2002 ND 187
Highlight: Use of the Bullock formula to distribute retirement pay is not mandatory if the overall distribution of marital property is equitable. |
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Myhre v. ND Workers Comp.
2002 ND 186
Highlight: A claimant seeking benefits from the workers compensation fund must establish by a preponderance of the evidence a causal relationship between her employment and the medical condition for which benefits are sought. |
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Hamilton v. Oppen, et al.
2002 ND 185
Highlight: Averaging individual jurors' estimates of percentages of fault is not improper in a quotient verdict, but the jurors' prior agreement to be bound by the result of the computation invalidates the verdict. |
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Jensen v. State
2002 ND 184 Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Robinson
2002 ND 183 Highlight: Defendant's sentence for accomplice to attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Asbridge
2002 ND 182 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Jacobson v. Garaas (Consolidated w/ 20020113)
2002 ND 181
Highlight: A petition for discipline is sufficient if it places the attorney on notice of the nature of the allegations against him. |
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Intel-Foods Corporation v. Alexander, et al.
2002 ND 180 Highlight: An order denying a motion for a new trial on the basis of newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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Wilson v. Koppy
2002 ND 179 Highlight: Mandamous is not available when there is another remedy at law. |
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Adoption of S.A.L. (CONFIDENTIAL)
2002 ND 178 Highlight: A parent can effectively waive the right to court-appointed counsel in a parental termination proceeding. An effective waiver must be a voluntary, knowing, and intelligent relinquishment of the benefits of counsel. |
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Obrigewitch v. Director, N.D. Dept. of Transportation
2002 ND 177
Highlight: Probable cause to arrest a person for being in actual physical control of a vehicle while under the influence of intoxicating liquor can exist without establishing the location of the ignition key. |
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State v. Aune
2002 ND 176 Highlight: A trial court may order a condition of probation requiring the probationer to stay away from a specific place. |
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Larson v. Norkot Manufacturing, et al.
2002 ND 175 Highlight: For a cause of action for an attorney's legal malpractice, there must be damages to the client proximately caused by the attorney's breach of a duty to the client; the statute of limitations does not begin to run until the client has incurred some damages from the alleged malpractice; and the statute of limitations is tolled until the client knows, or with reasonable diligence should know, of the injury, its cause, and the defendant attorney's possible negligence. |
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Meljie v. ND Workers Comp. Bureau
2002 ND 174
Highlight: For determining a worker's average weekly wage for receiving a disability benefit, "seasonal employment" includes an occupation that has periods of forty-five consecutive days of not receiving wages. |
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Hilgers v. Hilgers
2002 ND 173
Highlight: A decision to appoint a guardian ad litem for a child is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Fontaine
2002 ND 172 Highlight: Conviction for simple assault of a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Leher
2002 ND 171 Highlight: A police officer approaching a stopped vehicle and inquiring in a conversational manner whether the occupant is okay or needs assistance is not a Fourth Amendment seizure. An officer directing a citizen to exit a parked vehicle, or otherwise ordering a citizen to do something may be a Fourth Amendment seizure. |
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State v. Fitterer
2002 ND 170
Highlight: Moving papers for a motion to suppress evidence require neither exceptional particularity nor supporting affidavits or other evidence, but must provide adequate notice to the trial court and the prosecution of the issues being raised. |
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State v. Rohde (consolidated w/20020030-20020033)
2002 ND 169 Highlight: Appeal from a conviction for driving under suspension or revocation, driving without liability insurance, and driving while under the influence of intoxicating liquor is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Hemmesch v. Bonebrake
2002 ND 168 Highlight: Property division, temporary spousal support award, and refusal to award attorney fees is summarily affirmed, as modified, under N.D.R.App.P. 35.1(a)(2) and (4). |
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Johnson v. ND Dept. of Transportation
2002 ND 167 Highlight: License suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Whiteman v. State
2002 ND 166 Highlight: Trial court judgment dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Judicial Conduct Commission v. Berg
2002 ND 165 Highlight: Former municipal judge censured and prohibited from serving in the future as a municipal judge. |
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Interest of K.S. and A.S. (CONFIDENTIAL)
2002 ND 164 Highlight: To terminate parental rights under N.D.C.C. 27-20-44(1)(b)(1), the juvenile court must find clear and convincing evidence that: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm. |
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State v. Jones
2002 ND 163 Highlight: Without a showing of excusable neglect, a trial court's denial of a request for an extension of time to file a notice of appeal is not an abuse of discretion. |
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Kimball v. Landeis, et al.
2002 ND 162
Highlight: Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences. |
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Gross v. N.D. Dept. of Human Services
2002 ND 161 Highlight: A decision by the Department of Human Services to place a medicaid recipient in the lock-in program is an appealable order. |
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Huntress, et al. v. Griffey
2002 ND 160 Highlight: When the trial court's findings of fact are inadequate, an appellate court is unable to properly review the trial court's decision. |
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Quamme v. Bellino
2002 ND 159
Highlight: When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues. |
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Argenziano v. State
2002 ND 158 Highlight: Summary judgment dismissing a breach of contract claim is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). |
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J.B. v. M.R. (CONFIDENTIAL)
2002 ND 157 Highlight: Custody judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Guthmiller
2002 ND 156 Highlight: The trial court's forfeiture order is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Butz
2002 ND 155 Highlight: Lawyer suspended from the practice of law for 30 days. |
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Interest of R.O. (CONFIDENTIAL)
2002 ND 154 Highlight: Less than 24 hours notice before an involuntary commitment hearing is inadequate notice to permit preparation for the hearing. |
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Grad v. Jepson
2002 ND 153
Highlight: The standard of review for a minor child's name change petition is abuse of discretion. |
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State v. Faleide
2002 ND 152 Highlight: A trial court may not order permanent forfeiture of personal property as a condition of probation. |
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Johnson v. Johnson (Cross-reference w/990353)
2002 ND 151
Highlight: Because parents have a mutual duty to support their children, failure to award interim child support to the custodian of a child is error as a matter of law. |
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Andes v. Brogdin, et al.
2002 ND 150 Highlight: A trial court judgment dismissing a negligence action is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Keller (CROSS-REF. w/ 20010305, 20020018-20020020)
2002 ND 149 Highlight: Attorney disbarred. |
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Rose v. United Equit. Ins. Co., et al.(CONSOL.w/20020095)
2002 ND 148
Highlight: The trial court has broad discretion in determining whether to certify a class action under N.D.R.Civ.P. 23. |
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Abel v. Allen
2002 ND 147
Highlight: A cause of action accrues when the right to commence it comes into existence, when it can be brought in a court of law without being subject to dismissal for failure to state a claim. |
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Bender, et al. v. Beverly Anne, Inc., et al.
2002 ND 146
Highlight: Under N.D.R.Civ.P. 60(a), errors in a judgment or order arising from oversights or omission may be corrected by the court at any time of its own initiative or on the motion of any party. |
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State v. Yineman
2002 ND 145
Highlight: To challenge a conviction based on the weight of the evidence, a defendant must make an appropriate motion to adequately preserve the issue for appeal. |
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Boehm v. Boehm
2002 ND 144
Highlight: The decision to grant or deny a motion for continuance is within the trial court's discretion, and its determination will not be overturned absent an abuse of discretion. |
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State v. Berger
2002 ND 143
Highlight: The beginning date of a probationary term is determined by the intent of the sentencing court as expressed in the language that created the probationary status. |
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City of Fargo v. Wonder
2002 ND 142
Highlight: When questioning of a suspect does not arise in a "booking" setting, is related to an element of the suspected crime, and is reasonably likely to elicit an incriminating response, the "booking exception" to Miranda does not apply. |
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Comstock Construction, Inc. v. Sheyenne Disposal, Inc.
2002 ND 141
Highlight: A trial court's denial of a motion for new trial on the basis of sufficiency of the evidence is reviewed under the abuse-of-discretion standard. |
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Mr. G's Turtle Mountain Lodge v. Roland Township, et al.
2002 ND 140
Highlight: An attempted appeal from a judgment that has been voluntarily paid and formally satisfied of record fails for lack of jurisdiction. |
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Grey Bear v. ND Dept. of Human Services, et al.
2002 ND 139
Highlight: The statutory assignment granted to the Department of Human Services from a recipient of Medicaid benefits is for any third-party recovery a recipient may have for an injury, but is limited to the amount of medical costs provided by the Department for that injury. |
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Hoffman v. ND Workers Comp. Bureau, et al.
2002 ND 138
Highlight: The Workers Compensation Bureau has an obligation to explain its disregard of evidence favorable to a claimant. |
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U.S. Bank v. Koenig, et al.
2002 ND 137
Highlight: Grants in a deed are interpreted in favor of the grantee, except a reservation in any grant is interpreted in favor of the grantor. |
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Roe v. Doe (CONFIDENTIAL)
2002 ND 136
Highlight: Under N.D.R.Civ.P. 60(b)(iv), the burden is on the moving party to show sufficient grounds exist for disturbing the finality of a judgment. |
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Geinert v. Geinert
2002 ND 135
Highlight: A modification of child support should generally be made effective from the date of the motion to modify, absent good reason to set some other date. If the trial court sets some later date, it must specifically explain its reasons for doing so. |
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Ziegelmann v. DaimlerChrysler Corp.
2002 ND 134 Highlight: An alleged product defect that has not manifested itself in such a way as to cause an observable adverse physical or economic harm does not constitute an injury that will support a class action lawsuit based on theories of negligence, fraud, and deceit. |
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State v. Keilen (Consolidated w/20020065 through 20020067)
2002 ND 133
Highlight: While the right to appeal is statutory, statutes conferring the right must be liberally construed. |
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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. |