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.
3001 - 3050 of 12250 results
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Ratchenski v. Lindell, et al.
2015 ND 5 Highlight: Order denying parent's motion for parenting time summarily .affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Evans
2015 ND 4 Highlight: Criminal judgment for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Interest of M.S. (CONFIDENTIAL) (cross-ref w/ 20140304)
2015 ND 3 Highlight: Order modifying an alternate treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of E.L. (CONFIDENTIAL)
2015 ND 2 Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Brossart (CONSOLIDATED W/ 20140027)
2015 ND 1
Highlight: The First Amendment precludes states from enacting laws "abridging the freedom of speech," but not all speech is protected, and speech that is a "true threat" may be restricted. |
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Guardianship and Conservatorship of J.G.S.
2014 ND 239
Highlight: A conservatorship is designed to protect the property of a person who is under disability and, as such, unable to maintain his or her property. |
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Chornuk, et al. v. Nelson, et al. (cross-ref. w/20120071)
2014 ND 238
Highlight: A party who pays a judgment against him under coercion or duress does not waive the right to appeal from the judgment. |
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Estate of Pedro
2014 ND 237
Highlight: Under the probate code, a personal representative has certain duties regarding the inventory and appraisement and, when appropriate, to provide a supplementary inventory. |
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Across Big Sky Flow Testing, LLC v. WSI, et al.
2014 ND 236 Highlight: For a workers compensation claim, where expert medical testimony is desirable, if not essential, to determining causation, an ALJ may not reject competent medical testimony without adequate explanation. |
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Grossman v. Lerud
2014 ND 235 Highlight: For imputation of income to an underemployed obligor under the child support guidelines, a court may consider only the North Dakota statewide average earnings of an occupation, and an obligor may dispute that employment opportunities are available within one hundred miles of the obligor's actual place of residence. |
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McCarthy v. McCarthy
2014 ND 234 Highlight: In a divorce, a property division need not be equal to be equitable, but a substantial disparity must be explained. |
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Sorum v. Dalrymple, et al.
2014 ND 233 Highlight: All provisions of election law are mandatory if enforcement is sought prior to an election, and directory in support of the result after an election unless of a character to effect an obstruction to the free and intelligent casting of the vote, or to the ascertainment of the result, or unless the provisions affect an essential element of the election. |
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Deeth v. N.D. Dep't of Transportation
2014 ND 232
Highlight: If a person's driver's license is revoked for refusing to submit to an alcohol test, the only facts that must be proven are those that establish probable cause to believe the offense has been committed, arrest for the offense, and refusal of the test after the implied consent advisory. |
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Deckert v. McCormick, et al.
2014 ND 231
Highlight: To obtain an enforceable right to the property under an option, the optionee must exercise the option within the time and upon the terms and conditions provided in the option agreement. |
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State v. Horn
2014 ND 230
Highlight: Even if a party has raised an unsuccessful challenge in a pretrial motion, in order to preserve the issue for appeal, the party must renew the objection when the evidence is offered at trial. |
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Frey v. Frey (cross-reference w/20120378)
2014 ND 229
Highlight: A district court's denial of a motion to modify primary residential responsibility will be affirmed, unless clearly erroneous. |
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State v. Brandborg
2014 ND 228 Highlight: Hunting on posted land without permission in violation of N.D.C.C. 20.1-01-18 is a strict liability offense. |
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Abelmann, et al. v. SmartLease USA, L.L.C.
2014 ND 227 Highlight: A district court's factual findings must be adequate to understand the basis for the court's decision. |
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Podrygula, et al. v. Bray, et al.
2014 ND 226
Highlight: A dismissal without prejudice is appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum. |
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Schmitt, et al. v. Schmitt, et al.
2014 ND 225 Highlight: Without a transcript, the record is considered when reviewing whether a district court's findings are clearly erroneous. |
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State v. Nagel
2014 ND 224 Highlight: There is no logical difference between a pre-arrest onsite screening test and a post-arrest chemical test in terms of determining voluntariness of consent under the implied consent statute. |
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Guardianship of P.T. (CONFIDENTIAL)(consolidated w/20140167-20140170)
2014 ND 223
Highlight: Although it is preferable for trial courts to prepare their own findings of fact, a trial court will not be reversed for adopting proposed findings prepared by counsel. |
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George v. George
2014 ND 222 Highlight: A district court has permissive or non-mandatory authority to grant a restraining order if it finds reasonable grounds to believe a respondent has engaged in disorderly conduct. |
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Albrecht v. Albrecht
2014 ND 221 Highlight: A party's death before entry of a final divorce judgment abates a divorce action. |
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Coss v. Levi
2014 ND 220 Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Interest of D.C.
2014 ND 219 Highlight: An involuntary treatment with medication order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Greybear v. State
2014 ND 218 Highlight: District court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Bentz v. State
2014 ND 217 Highlight: District court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Connelley v. Connelley
2014 ND 216 Highlight: Appeal from amended divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Vivatson v. Haugen, et al.
2014 ND 215 Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Luger v. State
2014 ND 214 Highlight: A district court order denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Thorson v. State
2014 ND 213 Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of B.B.P. (Confidential)(consolidated w/20140375 & 20140376)
2014 ND 212 Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Nguyen (cross-ref. w/20130159)
2014 ND 211 Highlight: A district court order deferring imposition of sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Nilles, Ilvedson, Plambeck & Selbo, Ltd., v. Langer
2014 ND 210 Highlight: An order denying relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). |
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State v. Yost (consolidated w/20140070 & 20140071)
2014 ND 209
Highlight: Sentencing is a critical stage at which a defendant is entitled to effective assistance of counsel. |
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Harvey v. Harvey
2014 ND 208
Highlight: A district court does not necessarily err by failing to find a primary caretaker of a child. |
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State v. Leppert
2014 ND 207 Highlight: A noncriminal traffic case may not be appealed to the Supreme Court. |
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State v. Reddig
2014 ND 206 Highlight: District court judgment denying motion to withdraw guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Matter of Aune
2014 ND 205 Highlight: A district court order civilly committing an individual as a sexually dangerous offender is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Ayala v. State
2014 ND 204 Highlight: A district court order denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Jones
2014 ND 203 Highlight: Criminal judgment for possession of a controlled substance with intent to deliver within 1,000 feet of a school and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Murphy
2014 ND 202
Highlight: A district court is allowed a wide range of discretion in fixing a criminal sentence. Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits set by statute, or substantially relied upon an impermissible factor. |
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Capps, et al. v. Weflen, et al. (cross-ref. w/20120184)
2014 ND 201
Highlight: Under the abandoned mineral statutes, a surface owner is required to conduct a reasonable inquiry only if the mineral owner's address does not appear of record, even if the surface owner knows the mineral owner whose address appears of record is deceased. |
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Northstar Founders, LLC v. Hayden Capital USA, LLC, et al.
2014 ND 200
Highlight: The district court has personal jurisdiction over a nonresident defendant if the nonresident defendant committed a tort within or outside the state causing injury to another person or property within the state and the exercise of personal jurisdiction comports with due process. |
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Wilson v. Wilson
2014 ND 199
Highlight: The district court may order past child support covering a period when the parties are separated but divorce proceedings are not pending. |
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State v. Schneider
2014 ND 198 Highlight: A law enforcement officer's following with flashing lights a moving vehicle constitutes a pursuit, which constitutes a seizure under the Fourth Amendment. No seizure occurs if the defendant does not move his vehicle and the officer does not pursue him with flashing lights. |
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MKB Management Corp, et al. v. Burdick, et al.
2014 ND 197
Highlight: The concurrence of four of the five justices of the North Dakota Supreme Court is necessary to declare a statute unconstitutional. |
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Interest of J.A.H. (Consolidated w/20140146)
2014 ND 196 Highlight: When a juvenile court provides insufficient findings to review, jurisdiction may be retained under N.D.R.App.P. 35(a)(3) and the case remanded with instructions that the juvenile court make expedited findings of fact. |
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State v. Fetch
2014 ND 195
Highlight: A driver who has refused a chemical test but later changes his mind and consents to the test can cure the prior refusal. |