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.
661 - 670 of 12446 results
State v. Schaf
2023 ND 81
Docket No.: 20220323
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.
Highlight: The district court decides the qualifications of the witness to express an opinion on a given topic. The decision whether to admit expert witness testimony rests within the court’s discretion.
For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser. It also must be impossible to commit the greater offense without committing the lesser.
While a sexual contact charge may be a lesser included offense contained within a sexual act charge, the subsections of both offenses must be compatible and the evidence must support an inclusion.
An alleged error with jury instructions will be reviewed for obvious error when the instructions were not objected to at trial and proposed instructions were not provided to the district court.
Voluntary intoxication is irrelevant to a crime of general intent.
State v. Schaf
2023 ND 81
Docket No.: 20220323
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.
State v. Hannesson
2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair
Highlight: Ordering a mistrial is an extreme remedy that is only appropriate when there is a fundamental defect or occurrence at trial that makes it evident that continuing would be productive of manifest injustice.
Curative jury instructions will generally remove prejudice caused by a prosecutor’s improper statements because a jury is presumed to follow the district court’s instructions.
State v. Hannesson
2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair
Hanson v. Hettervig, et al.
2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
Highlight: An order of contempt and an amended order of contempt and award of attorney’s fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
Hanson v. Hettervig, et al.
2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam
Fietzek v. Fietzek
2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.
Highlight: A district court’s finding on a valuation of real property is not clearly erroneous if it is within the range of evidence presented.
A district court’s finding on economic fault will not be reversed unless the finding is clearly erroneous.
A district court has broad discretion to award attorney’s fees.
An award of spousal support must be supported by sufficient findings.
Fietzek v. Fietzek
2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.
State v. Frederick
2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.
Highlight: In the instance of an alleged public trial violation, an appellant must demonstrate the public was excluded from a proceeding taking place during trial, and that the proceeding was substantive in nature.
A district court closing a proceeding to the public is significantly different from the court failing to make an adequate record of a bench conference conducted in an open trial. An inadequate record is not equivalent to a closed trial.
To demonstrate that an inadequate record affects a defendant’s substantial rights, the defendant must demonstrate the record cannot be adequately supplemented or reconstructed.
A violation of Appendix 1, Standard 7(d), N.D. Sup. Ct. Admin. R. 9 is not per se reversible error.
State v. Frederick
2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.
