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.
671 - 680 of 12418 results
State v. Tompkins
2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.
Highlight: Section 39-08-01(1), N.D.C.C., provides that refusal to submit to a chemical test and driving or being in actual physical control while under the influence of an intoxicating liquor are separate offenses.
State v. Tompkins
2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.
Interest of D.H. (CONFIDENTIAL)
2023 ND 60
Docket No.: 20230057
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
Highlight: A district court’s order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Richardson v. State
2023 ND 59
Docket No.: 20220291
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Bauer v. Bauer
2023 ND 58
Docket No.: 20220330
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan
Highlight: An amended judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
State v. Linner
2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan
Highlight: The structural error doctrine applies to a narrow class of rights, including three Sixth Amendment rights defining the framework of a trial: the right to counsel, the right to self-represent, and the right to a public trial. Voir dire falls within the scope of public trials under the Sixth Amendment.
A structural error affects the framework within which a trial proceeds and therefore renders the trial fundamentally unfair or an unreliable vehicle for determining guilt or innocence.
When a transcript is available to the public after the trial, all of the values of public access are preserved.
The de novo standard of review to whether facts rise to the level of a constitutional violation, including a claim that prosecutorial misconduct denied a defendant’s due process right to a fair trial.
Appellate review of a criminal sentence is generally limited to determining whether the district court acted within the statutory sentencing limits or substantially relied upon an impermissible factor.
State v. Linner
2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan
State v. K.J.A. (Confidential)
2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.
Highlight: Section 25-03.3-04, N.D.C.C., precludes a court from destroying records early under N.D.R.Juv.P. 19(e) when the alleged offense is an offense defined in N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2.
State v. K.J.A. (Confidential)
2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.
Senske Rentals, et al. v. City of Grand Forks
2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair
Highlight: The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.
A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.
Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement.
An adequate record for review of a special assessment commission’s determination must include a showing of how the commission determined the project benefit.
A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.
Issues not raised in the district court cannot be raised for the first time on appeal.
