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.
3351 - 3400 of 12446 results
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State Farm Mutual Automobile Insurance Co. v. Gruebele, et al.
2014 ND 105 Highlight: Negligence imputed to a parent after signing his or her minor child's driver's license application sponsorship form does not automatically create coverage under the signing parent's insurance contract. |
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State v. Roe
2014 ND 104
Highlight: Generally, parties or their counsel may stipulate as to evidentiary matters such as the admission, exclusion or withdrawal of evidence, but stipulations that are clearly against public policy will not be validated. |
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Lehman v. State
2014 ND 103
Highlight: Generally, an application for post-conviction relief must be filed within two years of the date the conviction becomes final. |
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Datz v. Dosch (cross-reference w/ 20120167 & 20120435)
2014 ND 102
Highlight: The Supreme Court retains jurisdiction until the mandate is issued. |
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State v. Kalmio
2014 ND 101
Highlight: Standing objections must be sufficiently definite to preserve the issues for judicial review. |
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State v. Gates
2014 ND 99 Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Voisine v. State
2014 ND 98 Highlight: Appeal from denial of petition for postconviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State ex rel. Storbakken v. Scott's Electric
2014 ND 97
Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal. |
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State v. Simmons
2014 ND 96 Highlight: Order revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Kuruc (consolidated w/ 20130337)
2014 ND 95
Highlight: The independent-source doctrine allows the introduction of evidence that was initially discovered during, or as a result of an unlawful search, but that was later obtained independently from lawful activities that have not been tainted by the initial illegality. |
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Tharaldson Ethanol Plant I, LLC, et al. v. VEI Global, Inc.
2014 ND 94
Highlight: Certification under N.D.R.Civ.P. 54(b) should rarely be granted and is reserved for cases involving unusual circumstances in which failure to allow an immediate appeal would create a demonstrated prejudice or hardship. |
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Frith v. WSI, et al.
2014 ND 93 Highlight: A district court does not consider additional evidence on an appeal from an administrative agency decision and may only remand to the agency for the agency to consider the evidence. |
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Kost v. Kraft (cross-reference w/ 20100159)
2014 ND 92 Highlight: There is no right to a jury trial in an equitable proceeding absent express constitutional or statutory authorization. |
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State v. Scheett
2014 ND 91 Highlight: Officer safety is a recognized exception to the warrant requirement. |
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Norberg v. Norberg
2014 ND 90
Highlight: A vested child support obligation cannot be retroactively modified, and a court modifies a child support order when it forgives past-due child support obligations. |
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Interest of Thill
2014 ND 89
Highlight: To deny a petition for discharge from treatment as a sexually dangerous individual, the State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual and has serious difficulty controlling his or her behavior. |
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In re S.B., et al.
2014 ND 87
Highlight: When a parent decides to restrict visitation with a grandparent, that decision is presumed to be in the child's best interests. |
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State v. Juntunen
2014 ND 86 Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision. |
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Gasic v. Bosworth, et al.
2014 ND 85
Highlight: The right to appeal is jurisdictional, and the appealability of a judgment may be considered even when neither party has questioned appealability. |
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Murphy v. State
2014 ND 84 Highlight: An application for postconviction relief, with a few exceptions, must be filed within two years of the date the conviction becomes final. |
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Kulbacki v. Michael
2014 ND 83
Highlight: A grandparent's proceeding for visitation must provide notice of the grandparent's request for visitation and an opportunity to respond. |
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Matter of G.K.G. (Confidential)
2014 ND 82
Highlight: For proceedings brought under N.D.C.C. ch. 27-20 for termination of parental rights, a district court is the same as a juvenile court for purposes of subject matter jurisdiction. |
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WSI v. Larry's On Site Welding, et al.
2014 ND 81
Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law. |
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Riemers v. Hill, et al.
2014 ND 80
Highlight: Unless certified as final under N.D.R.Civ.P. 54(b), a judgment which leaves a counterclaim undecided is not final or appealable. |
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Whedbee v. WSI, et al.
2014 ND 79
Highlight: A managed care program for an employee with a compensable injury should effect the best medical solution for the injured employee in a cost-effective manner. |
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Palmer v. State
2014 ND 78 Highlight: District court order summarily dismissing application for post-conviction relief summarily affirmed under N.D.R.Civ.P. 35.1(a)(4) and (6). |
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Vacancy in Judgeship No. 2, SEJD
2014 ND 77 Highlight: Judgeship retained at Valley City. |
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Heidt v. Heidt
2014 ND 76 Highlight: Amended divorce judgment denying spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Thrasher
2014 ND 75 Highlight: Conviction of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Knorr, et al. v. Norberg, et al.
2014 ND 74
Highlight: A long-term lease with an option to purchase real property ordinarily requires a signed written agreement. |
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Matter of D.J.D. (CONFIDENTIAL)
2014 ND 73 Highlight: Order terminating parental rights and granting petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Finstad, et al. v. Gord, et al.
2014 ND 72
Highlight: Extrinsic evidence is inadmissible to vary the terms of an unambiguous quitclaim deed which has been delivered and recorded. |
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Stenehjem, ex rel. v. National Audubon Society, Inc.
2014 ND 71
Highlight: Laches, as an affirmative defense, may in limited circumstances be applied against the government. Whether laches applies against the government is determined on a case-by-case basis with a careful weighing of the inequities that would result if the doctrine is not applied versus the public interest at stake and the resulting harm to the public interest if laches is applied. |
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Lind v. Lind
2014 ND 70
Highlight: The party seeking modification of spousal support bears the burden of proving there has been a material change in the financial circumstances warranting a change in the amount of support. |
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Law v. Whittet, et al.
2014 ND 69
Highlight: Although not required to make a separate finding on each best interest factor or to address each minute detail presented in the evidence when determining primary residential responsibility, the district court may not wholly ignore and fail to acknowledge or explain significant evidence clearly favoring one party. |
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Topolski v. Topolski
2014 ND 68
Highlight: A district court has substantial discretion in deciding primary residential responsibility, but the court must consider all of the applicable best interest factors. |
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JPMorgan Chase Bank v. Skoda, et al.
2014 ND 67
Highlight: All relevant facts are admitted when a party fails to respond to a request for admissions. |
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Erickson v. Olsen, et al.
2014 ND 66 Highlight: A district court's determinations regarding mental capacity and undue influence are questions of fact subject to the clearly erroneous standard of review. |
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State v. Zeller
2014 ND 65
Highlight: When a warrant application seeks authorization for a nighttime search, an additional showing of probable cause is required for the nighttime authorization. |
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Estate of Wicklund (cross-reference w/20110081)
2014 ND 64
Highlight: A personal representative may be reimbursed for payment of a decedent's funeral and last illness expenses. |
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Interest of Hoff (cross-ref. w/20120248 & 20130216)
2014 ND 63 Highlight: The district court must make findings on each element of the sexually dangerous individual analysis, including the consideration of whether an individual has difficulty controlling his behavior. |
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Disciplinary Board v. Overboe (Consol. w/ 20130304-20130306)
2014 ND 62
Highlight: A long delay between a petition for discipline and the disciplinary hearing must destroy the fundamental fairness of the entire disciplinary process to warrant dismissal of the disciplinary case. |
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Anderson v. Lyons, et al.
2014 ND 61
Highlight: Service of notice of entry of judgment is not required to begin the time for filing a post-judgment motion or appeal if the record clearly evidences actual knowledge of entry of judgment through affirmative action of the moving or appealing party. |
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Risovi v. Job Service
2014 ND 60 Highlight: A fact finder's conclusions that false statements were made for the purpose of obtaining unemployment benefits are affirmed if a reasoning mind could have determined that the factual conclusions were proved by the weight of the evidence. |
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State v. Johnson (cross ref. w/20130137 - briefs not published)
2014 ND 59 Highlight: Criminal judgment entered after a defendant conditionally pled guilty to possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Silva
2014 ND 58 Highlight: Convictions of gross sexual imposition and continuous sexual abuse of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Holkesvig v. Grove (cross reference w/ 20120169 & 20120225)
2014 ND 57
Highlight: Res judicata and collateral estoppel bar courts from relitigating claims and issues. |
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Regan v. Lervold
2014 ND 56
Highlight: The party moving for modification of primary residential responsibility has the burden of proving a material change in circumstances has occurred. |
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Vacancy in Judgeship No. 8, SCJD
2014 ND 55 Highlight: Supreme Court takes judicial notice of prior proceeding and orders judgeship retained and filled according to law. |
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Vacancy in Judgeship No. 4, NCJD
2014 ND 54 Highlight: Judgeship retained in Minot. |