Opinions
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6401 - 6500 of 12446 results
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Wilson v. State (cross-reference w/990193)
2001 ND 24 Highlight: Appeal from denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Weathers, et al. v. Peters, et al.
2001 ND 23 Highlight: Denial of Motion to Exclude Evidence of results of a Blood Alcohol Concentration test and Judgment on Jury Verdict dismissing claims on the merits and with prejudice are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Fredericks v. American Federal Bank
2001 ND 22 Highlight: Judgment awarding employee severance benefits is summarily affirmed under N.D.R.App.P 35.1(a)(2). |
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Wanstrom v. ND Workers Comp. Bureau, et al. (cross-reference w/990306)
2001 ND 21 Highlight: The presumption that a firefighter's lung disease was suffered in the line of duty is based on a legislatively adopted premise that a firefighter's occupational exposure to smoke causes lung disease, and the presumption cannot be rebutted by expert medical opinion rejecting that underlying premise. |
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Kautzman, et al. v. McDonald, et al.
2001 ND 20
Highlight: Absent the timely filing of a notice of claim against the state or one of its employees, the court lacks subject matter jurisdiction to entertain a lawsuit against them. |
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Schmitz v. Schmitz (cross-ref. w/980056)
2001 ND 19 Highlight: Spousal support payments may be modified only upon a showing of a material change in circumstances justifying the modification. |
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Barrera v. State (cross-ref. w/970010 & 960021)
2001 ND 18 Highlight: It is a misuse of process to raise issues on subsequent post-conviction applications that could have been raised in the initial post-conviction application. |
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Des Lacs Valley Land Corp. v. Herzig, et al.
2001 ND 17
Highlight: In the absence of fraud, mistake, or accident, an unambiguous written deed cannot be altered by parol evidence. |
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Eckes v. Richland Co. Social Service Board, et al.
2001 ND 16 Highlight: The unambiguous settlor's intent determines the nature of the trust. |
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Owens v. State (CONSOLIDATED W/20000129) (CROSS-REF SEE DOCKET MEMO)
2001 ND 15 Highlight: Post-conviction relief is denied for misuse of process when a petitioner presents issues the petitioner inexcusably failed to raise in a previous post-conviction hearing. |
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State ex rel. Dept. of Corrections and Rehabilitation v. Haskell, et al.
2001 ND 14
Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. |
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Hurt v. Hurt
2001 ND 13
Highlight: Evidence of domestic violence which does not trigger the statutory presumption under N.D.C.C. 14-09-06.2(1)(j) remains one of the best interest factors to be considered by the court. |
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City of Harvey v. Fettig
2001 ND 12 Highlight: The prosecutor's statement supporting an appeal from a suppression order cannot be a mere paraphrase of the statutory language, but must explain the relevance of and need for the evidence which was suppressed. |
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Nord, et al. v. Herrman, et al.
2001 ND 11
Highlight: Any survey method that results in equitable allocation of a new shoreline in proportion to each owner's share of the original shoreline will satisfy the legal requirement of proportional allocation. |
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Interest of J.S. (CONFIDENTIAL-M.H.)
2001 ND 10
Highlight: Expedited appeals under the mental health law are limited to the procedures, findings, and conclusions of the lower court. Because of this limited review, detailed findings are necessary. |
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Clark v. State
2001 ND 9 Highlight: Under Apprendi v. New Jersey, 120 S.Ct. 2348, 2355 (2000), any fact, other than prior convictions, that increases the penalty for a crime beyond the prescribed statutory maximum must be found by a jury and proved beyond a reasonable doubt. |
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Doyle v. Sprynczynatyk
2001 ND 8 Highlight: Points on a driving record must be reduced for completion of a defensive driver course only if the points are accumulated prior to completing the course. Points accumulate when entered on the driving record, not at the date of the traffic citation or conviction. |
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Disciplinary Board v. Howe
2001 ND 7 Highlight: A lawyer's conduct involving dishonesty, fraud, deceit, or misrepresentation generally results in suspension from the practice of law. |
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Reiser v. Reiser
2001 ND 6
Highlight: In dividing the marital estate, fault causing deterioration of the marriage is a relevant factor under the Ruff-Fischer guidelines. |
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State v. Kelly
2001 ND 5 Highlight: Judgment of conviction for gross sexual imposition, attempted gross sexual imposition, felonious restraint, and theft summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Marschner v. Marschner
2001 ND 4
Highlight: A spouse is disadvantaged 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. A disadvantaged spouse is not required to deplete a property distribution in order to live. |
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City of Fargo v. Salsman
2001 ND 3 Highlight: The trial court's judgment of conviction for a violation of Fargo Municipal Code is affirmed under N.D.R.App.P. 35.1(a)(2). |
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Englund v. State (Consolidated w/20000251 through 20000254)
2001 ND 2 Highlight: Appeal from denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Petition for Change of Designation of Judgeship No. 1
2001 ND 1 Highlight: Petition to move chambers of Judgeship No. 1 in the Southwest Judicial District from Dickinson to Bowman denied. |
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Estate of Lutz (Cross-Ref. w/960177 & 980390)
2000 ND 226
Highlight: Whether services performed by a family member are so exceptional and extraordinary as to imply a contract to pay for those services is a question of fact. |
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Jacobson v. ND Workers Comp. Bureau
2000 ND 225
Highlight: A willful false claim or false statement is sufficiently material for forfeiture of future benefits if it is a statement which could have misled the Bureau in a determination of the claim. |
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Berger v. ND Workers Comp. et al.
2000 ND 224
Highlight: An owner of a business is not entitled to workers compensation benefits without securing optional coverage. |
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State v. Helmenstein
2000 ND 223
Highlight: Voluntariness of a confession is determined by the totality of the circumstances, focusing on the characteristics and condition of the accused at the time of the confession, as well as the details of the setting in which the confession was obtained. |
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Interest of C.R.H. (CONFIDENTIAL)
2000 ND 222 Highlight: In terminating parental rights under N.D.C.C. ch. 27-20 the trial court has no authority to make the termination contingent on the terminated parents receiving visitation rights upon the child's adoption. |
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Disciplinary Board v. Keller
2000 ND 221 Highlight: Once objections are filed by an attorney to a hearing panel's findings and recommendations, the appropriate procedure to address a claim of lack of notice of order for default is to move the Supreme Court to remand the matter to the Hearing Panel for consideration of a motion to vacate. |
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Superpumper, Inc. v. Nerland Oil (Cross-reference w/970307)
2000 ND 220 Highlight: The automatic bankruptcy stay applies to actions against a non-debtor codefendant where there is such an identity between the debtor and the codefendant that the debtor is the real party defendant and a judgment against the codefendant is, in effect, a judgment against the debtor. |
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Pfeifle v. Tanabe
2000 ND 219
Highlight: A lessee may terminate a lease and vacate the premises when the lessor fails to secure quiet possession of the premises within a reasonable time, considering the cumulative effect of long-standing and continuous problems. |
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Davenport v. State
2000 ND 218
Highlight: Although a trial court must inform a defendant of all direct consequences of a guilty plea, it need not advise a defendant of collateral consequences |
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Redfield v. Bitterman, et al. (CONSOLIDATED W/20000162 & 20000181)
2000 ND 217
Highlight: Absent an abuse of discretion, the supreme court will not set aside a trial court's order on a motion for an extension of time to appeal, based upon excusable neglect. |
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Mondry v. Mondry
2000 ND 216 Highlight: Judgment valuing and distributing marital property and awarding attorney fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4). |
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State v. Lee
2000 ND 215 Highlight: Judgment of conviction for the felony offense of bail jumping is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Lawrence v. Delkamp (CONSOLIDATED W/20000151)
2000 ND 214 Highlight: Under N.D.C.C. 14-09-06.2(1)(j), threats can constitute domestic violence for purposes of restricting visitation only if they constitute the infliction of fear of imminent physical harm. |
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Matrix Properties, Corp. v. TAG Investments, et al. (cross-ref. w/990336)
2000 ND 213 Highlight: District court's post-judgment order summarily affirmed under N.D.R.App.P. 35.1 (a)(1). |
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State v. Glass
2000 ND 212
Highlight: DUI is a strict liability offense for which a jury instruction on culpability is not required. |
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Syvertson v. Malaktaris, et al.
2000 ND 211 Highlight: Judgment dismissing a complaint under Rule 12(b), N.D.R.Civ.P., is summarily affirmed under N.D.R.App.P. 35.1. |
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Nodak Mutual Farm Bur. v. Kosmatka, et al.
2000 ND 210
Highlight: N.D.R.Civ.P. 54(b) allows final judgment adjudicating fewer than all claims or the rights and liabilities of fewer than all parties in multiparty litigation. |
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Schultze v. Continental Ins. Co.
2000 ND 209 Highlight: When several claims are made against an insured, an insurer has a duty to defend the entire lawsuit if there is potential liability or a possibility of coverage for one of the claims. |
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Interest of W.E., et al. (CONFIDENTIAL)(Consolidated w/20000079 & 20000080)
2000 ND 208
Highlight: To terminate parental rights, a three-part test must be satisfied by clear and convincing evidence: (1) the child is deprived; (2) the conditions and causes of deprivation are likely to continue; and (3) the child is suffering or will suffer serious physical, mental, moral, or emotional harm. |
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Jones v. Barnett
2000 ND 207
Highlight: An action to rescind a quitclaim deed is barred by the statute of limitations when the seller fails to submit evidence she did not discover until years later she had been fraudulently induced to convey the property, when her own pleadings indicate knowledge of material facts accruing beyond the six-year limit for fraud claims. |
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Berlin v. State
2000 ND 206
Highlight: To establish ineffective assistance of counsel, the defendant must prove the counsel's performance was deficient and the deficient performance prejudiced the result. |
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State v. Gleeson
2000 ND 205
Highlight: When there is sufficient doubt concerning a defendant's competency, a trial court must on its own motion conduct a hearing to determine whether the defendant is competent to stand trial. |
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Mayo v. Mayo
2000 ND 204
Highlight: In deciding a motion to modify custody, a trial court must consider whether there has been a significant change of circumstances and whether modification is necessary to serve the best interests of the child. |
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Logan v. Bush
2000 ND 203 |
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State v. Erickstad (CONSOLIDATED W/20000051 and w/20000052 & 20000053))
2000 ND 202
Highlight: A defendant seeking a change of venue for adverse pretrial publicity must demonstrate a reasonable likelihood of prejudice so pervasive that it is impossible to impanel a fair and impartial jury. |
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Mathre v. State
2000 ND 201
Highlight: Defense counsel should consult fully with the accused about any lesser included offenses the trial court may be willing to submit to the jury, but failure to do so is not always ineffective assistance of counsel. |
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O'Neill v. O'Neill
2000 ND 200
Highlight: A movant seeking change of custody, who brings allegations, supported by affidavit, demonstrating a custodial environment which may be endangering the childrens' physical or mental health, presents a prima facie case entitling the movant to an evidentiary hearing. |
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State v. Gehring
2000 ND 199 Highlight: Denial of a suppression motion and judgment entered on a conditional guilty plea are summarily affirmed. N.D.R.App.P. 35.1(a)(2). |
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State v. Lunstad
2000 ND 198 Highlight: Conviction of surreptitious intrusion summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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State v. Wilson
2000 ND 197 Highlight: Judgment of conviction for crime of accomplice to assault is summarily affirmed under N.D.R.App.P. 35.1(a) (3) and (7). |
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ND Workers Comp. Bureau, et al. v. General Investment Corp., et al.
2000 ND 196
Highlight: Section 38-09-01, N.D.C.C., generally reserves fifty percent of all oil, natural gas, or minerals whenever the State transfers land owned by the State. |
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Schumacher v. Schumacher (Cross-ref. w/990016)
2000 ND 195 Highlight: Spousal support and child support order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Disciplinary Board v. Robb (Cross-reference w/ 20000096)
2000 ND 194 Highlight: Attorney ordered disbarred. |
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Lake Region Lutheran Home, Inc. v. Halvorson, et al.
2000 ND 193 Highlight: An appeal from a trial court's judgment dismissing a motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) (the trial court did not abuse its discretion). |
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Center Mutual Insurance Co. v. Thompson
2000 ND 192
Highlight: Terms of an insurance policy are given their ordinary, usual, and commonly accepted meaning. |
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Belisle v. Gibson, et al.
2000 ND 191 Highlight: The trial court's denial of a motion for a new trial and its judgment entered on a jury verdict finding defendants not liable in a personal injury action are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
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Kautzman v. Kautzman (Cross ref. w/980004, 990328 & 990386)
2000 ND 190
Highlight: When a party executes on a money judgment to secure a division of property, the debtor is not entitled to an exemption for life insurance policies or annuities. |
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Farstveet, et al. v. Rudolph, et al.
2000 ND 189
Highlight: Abandonment of the homestead must be established by clear and convincing evidence that the debtor voluntarily departed from the homestead and left without the intent to return and occupy it as a home. |
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State v. Loh
2000 ND 188
Highlight: An officer has probable cause justifying a vehicle stop, based on evidence of a traffic violation, which is not invalidated when an officer subjectively suspects another offense. |
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Schaefer, et al. v. Souris River Telecom., et al.
2000 ND 187
Highlight: A stipulation as to foundation does not eliminate a trial court's discretion to reject evidence on grounds of relevance. |
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City of Jamestown v. Dardis (CONSOLIDATED W/ 20000110)
2000 ND 186
Highlight: Absent one of the exceptions to the warrant requirement at the time of the entry, evidence gained in violation of the Fourth Amendment's protections against unreasonable searches and seizures is inadmissible under the exclusionary rule. |
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Syvertson v. State
2000 ND 185
Highlight: A request for oral argument is incomplete if the requesting party fails to secure a time for oral argument. |
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City of Mandan v. Leno
2000 ND 184 Highlight: The limited statutory right of a person arrested for driving while under the influence of intoxicating liquor to a reasonable opportunity to consult with an attorney attaches after arrest. |
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Anderson v. Resler
2000 ND 183 |
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Burlington Northern, et al. v. Benson Co. Water (Cons. w/990369-373;990378-380)
2000 ND 182 |
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Fandrich, et al. v. Wells Co. Bd. of Co. Comm., et al.
2000 ND 181
Highlight: While a court may issue a writ of mandamus ordering a government entity to comply with applicable law, it cannot control the government entity's discretion in determining the methods to be used in complying with the law. |
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Schuh, et al. v. Weiss, et al.
2000 ND 180 Highlight: Judgment awarding damages for cost of repair and loss of use and enjoyment of real property is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Mora
2000 ND 179 |
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State v. Haverluk
2000 ND 178
Highlight: A law enforcement officer may conduct a limited search of a vehicle's interior if there is a reasonable suspicion of danger to the officer. |
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State v. Ellis (cross reference 2000092)
2000 ND 177
Highlight: A defendant who seeks a new trial because voir dire has not been transcribed must first request transcription of the voir dire on the record. Failure to make a request for transcription on the record precludes a defendant from later asserting error. |
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City of Fargo v. Doty
2000 ND 176 Highlight: Jury verdict of guilty on the charge of reckless driving summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3), (4), and (7). |
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Rott v. ND Department of Transportation
2000 ND 175 Highlight: A statute providing for the cancellation of a minor's driver's license upon accumulation of a point total in excess of five points is not applied retroactively when the offense triggering the cancellation occurs after the effective date of the statute. Enactment of the statute does not change the status of the minor's driver's license so as to require notification of the statute's enactment. |
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Interest of E.T. (CONFIDENTIAL)
2000 ND 174 Highlight: An appeal of a trial court's involuntary medication order is rendered moot once the patient is released from the hospital and is no longer in need of medication. |
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Harn v. County of McKenzie, et al. (cross-reference w/980260)
2000 ND 173 Highlight: A summary judgment for costs and disbursements and an order denying a motion for new trial in action for conversion and violation of public duty are affirmed under N.D.R.App.P. 35.1(a)(4), (6). |
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City of Fargo v. Hersch
2000 ND 172 Highlight: Judgment of conviction for driving while under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Coleman v. Goulet, f/k/a Chase
2000 ND 171 Highlight: The trial court's summary dismissal of a damage action because the plaintiff did not meet the threshold requirements under the Auto Accident Reparations Act, N.D.C.C. ch. 26.1-41, was summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Johnson v. Johnson
2000 ND 170 |
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Egeland v. Continental Resources, Inc., et al.
2000 ND 169
Highlight: Consent from the landowner is not required when a lessee applies to the Industrial Commission to force pool property. |
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City of West Fargo v. Hawkins
2000 ND 168 |
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Robertson v. ND Workers Comp. Bur., et al.
2000 ND 167 Highlight: The presumption that a law enforcement officer's heart disease was suffered in the line of duty is based on a legislatively adopted premise that a law enforcement officer's work stress causes heart disease, and the presumption cannot be rebutted by expert medical opinion rejecting that underlying premise. |
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State ex rel. Heitkamp v. Family Life Serv, et al. (CON. W/SEE DOCKET MEMO)
2000 ND 166 |
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Addy, et al. v. Myers, et al.
2000 ND 165 |
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Dakota Northwestern Assoc. Ltd. Partnership v. Burleigh Co. Bd. of Co. Comm.
2000 ND 164 Highlight: Taxation of property is a legislative function, and a reviewing court may not reverse a local governing body's valuation of property for tax purposes unless the decision is arbitrary, capricious, or unreasonable. |
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Grinnell Mut. Reins. Co. v. Farm & City Ins. Co. v. Leikas, et al. (CONS)
2000 ND 163 |
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Snortland v. State ex rel. Dept. of Public Instruction, et al.
2000 ND 162 Highlight: Summary judgment on the issue of when a statute of limitations begins to run is appropriate if the evidence is such that reasonable minds could draw but one conclusion. |
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Interest of S.F., et al. (CONFIDENTIAL)
2000 ND 161
Highlight: Parental rights will be terminated if: 1) the child is deprived; 2) the conditions and causes of the deprivation are likely to continue; and 3) the child is suffering, or will in the future probably suffer serious physical, mental, moral, or emotional harm. |
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Mann, et al. v. Zabolotny, et al.
2000 ND 160 Highlight: Amendment of pleadings by implication to conform to the evidence under N.D.R.Civ.P. 15(b) arises only when the evidence introduced is not relevant to any issue pleaded in the case. |
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City of Fargo v. Egeberg
2000 ND 159 Highlight: Probable cause to arrest a driver for driving while under the influence of alcohol is established by signs of physical or mental impairment and reason to believe the driver's impairment is caused by alcohol. |
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Interest of S.J.F. (CONFIDENTIAL) (CONSOLIDATED W/20000036)
2000 ND 158 |
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Krug v. Carlson (CONSOLIDATED w/990303)
2000 ND 157 |
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Peplinski v. County of Richland, et al.
2000 ND 156 |
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ND Dept. of Human Services v. Brenden
2000 ND 155
Highlight: If a notice to creditors is published and mailed in compliance with N.D.C.C. 30.1-19-01, the time for original presentation of claims expires three months after the date of the first publication and mailing of notice to creditors. |
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State v. Gregg
2000 ND 154
Highlight: Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree." |
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State v. Norton
2000 ND 153 Highlight: The State's appeal from an order suppressing evidence, or suppressing a confession or admission, must be accompanied by the statutorily required statement of the prosecuting attorney. |
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State v. Steen (Consolidated w/990333 & 990334)
2000 ND 152 |
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Estate of Sagmiller
2000 ND 151
Highlight: Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness. |