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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

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Mann, et al. v. Zabolotny, et al. 2000 ND 160
Docket No.: 20000038
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Contracts
Author: Neumann, William

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.

City of Fargo v. Egeberg 2000 ND 159
Docket No.: 20000027
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

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.

Interest of S.J.F. (CONFIDENTIAL) (CONSOLIDATED W/20000036) 2000 ND 158
Docket No.: 19990356
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Paternity
Author: Kapsner, Carol

Krug v. Carlson (CONSOLIDATED w/990303) 2000 ND 157
Docket No.: 19990262
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Peplinski v. County of Richland, et al. 2000 ND 156
Docket No.: 19990376
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Real Property
Author: Neumann, William

ND Dept. of Human Services v. Brenden 2000 ND 155
Docket No.: 20000081
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Neumann, William

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.
If no notice to creditors is either mailed or published, the time for original presentation of claims is three years after the decedent's death.
A copy of a petition beginning probate proceedings and list of legatees, surviving joint tenants, and heirs at law sent to the Department of Human Services is not a notice to creditors.

State v. Gregg 2000 ND 154
Docket No.: 20000009
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Generally, evidence obtained as a result of illegally acquired evidence must be suppressed as "fruit of the poisonous tree."
Contemporaneous with the lawful arrest of an automobile occupant, the officer may search the passenger compartment.
An automobile may be searched without a warrant, based on probable cause to believe the automobile contains articles subject to seizure.
An impounded vehicle may be inventoried as a routine caretaking procedure, rather than for investigation.

State v. Norton 2000 ND 153
Docket No.: 20000045
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

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.

State v. Steen (Consolidated w/990333 & 990334) 2000 ND 152
Docket No.: 19990332
Filing Date: 8/18/2000
Case Type: Appeal - Criminal - Other
Author: Neumann, William

Estate of Sagmiller 2000 ND 151
Docket No.: 20000055
Filing Date: 8/18/2000
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Speculation on whether a different mode of sale may have brought a better price does not support a finding of commercial unreasonableness.
A creditor is to demonstrate every aspect of a disposition is commercially reasonable, including "the method, manner, time, place and terms."

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