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.
601 - 700 of 12137 results
|
Interest of P.R.-K. (CONFIDENTIAL)(consolidated w/20230282)
2023 ND 184 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Jones v. Rath
2023 ND 183
Highlight: Only an aggrieved party may appeal from an order or judgment. |
|
Interest of K.J.
2023 ND 182 |
|
Isac v. State
2023 ND 181
Highlight: When a post-conviction relief applicant seeks to withdraw a guilty plea based upon ineffective assistance of counsel, the applicant must satisfy a two-prong test by showing (1) his counsel’s representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel’s errors, the applicant would not have pleaded guilty and would have insisted on going to trial. Under the second prong, the district court is required to determine what the applicant would have done had he received competent advice—not what he would have done with the benefit of hindsight. |
|
State v. Johnson
2023 ND 180 Highlight: Terrorizing circumstances are threats of violence or dangerous acts made with an intent to induce fear. No precise words are necessary to convey a threat, and may be bluntly spoken or done by innuendo or suggestion. A threat often takes its meaning from the circumstances in which it is spoken, and words that are innocuous in themselves may take on a sinister meaning in the context in which they are recited. |
|
Williamson v. State
2023 ND 179 Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
State v. Cahoon
2023 ND 178 Highlight: A district court judgment following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
State v. Weah
2023 ND 177 |
|
State v. Powell
2023 ND 176 Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Hanson
2023 ND 175 Highlight: A criminal judgment and sentencing for child abuse and child neglect are summarily affirmed under N.D.R.App.P. 35(a)(2) and (4). |
|
State v. Entzel
2023 ND 174 Highlight: A criminal judgment entered after a jury conviction of conspiracy to commit murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Matter of John V. Klein Trust
2023 ND 173 Highlight: An order granting trustees’ petition for sale of trust’s surface interests and distribution of mineral interests to beneficiaries is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Discover Bank v. Romanick, et al.
2023 ND 172
Highlight: We exercise our supervisory jurisdiction rarely and cautiously to rectify errors and prevent injustice in extraordinary cases in which no adequate alternative remedy exists. |
|
Berger, et al. v. Sellers, et al.
2023 ND 171 |
|
Vacancy in Judgeship No. 1, SEJD
2023 ND 170 Highlight: Judgship retained at Jamestown. |
|
Disciplinary Board v. Slyva
2023 ND 169 Highlight: Lawyer reprimanded. |
|
Suiter v. NDDOT
2023 ND 168 Highlight: The district court judgment affirming an administrative suspension of a defendant’s driver’s license is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
|
Ruiz Ledezma v. State
2023 ND 167 Highlight: The district court order denying a defendant’s petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Bechtle v. Bechtle, et al.
2023 ND 166 Highlight: A district court order denying a motion to modify parenting time is summarily affirmed under N.D.R.App.P 35.1(a)(2). |
|
Buller v. Buller
2023 ND 165 Highlight: A district court’s order regarding primary residential responsibility and valuation and distribution of the martial estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al.
2023 ND 164 |
|
Interest of A.Z.
2023 ND 163 |
|
Disciplinary Board v. Pilch
2023 ND 162 Highlight: Lawyer suspended. |
|
Disciplinary Board v. Pilch
2023 ND 161 Highlight: Lawyer disbarred. |
|
Disciplinary Board v. Overboe
2023 ND 160 Highlight: Lawyer suspended. |
|
Disciplinary Board v. Baird
2023 ND 159 Highlight: Lawyer suspended. |
|
Interest of A.M. (CONFIDENTIAL)(consolidated w/20230210)
2023 ND 158 Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7). |
|
Interest of A.B. (CONFIDENTIAL) (consolidated w/20230198 & 20230199)
2023 ND 157 Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
Sayler v. Sayler
2023 ND 156
Highlight: A motion to relocate is not necessary when residential responsibility has not previously been established. Therefore, consideration of the Stout-Hawkinson factors is not necessary when the district court originally determines parental responsibility of parents living in different states. |
|
State v. Petersen
2023 ND 155
Highlight: Law enforcement exceeds its community caretaking function when it opens the door of a sleeping occupant’s parked semi-truck and steps onto the running boards in an attempt to gather information without first attempting to get a response from outside of the vehicle. |
|
Estate of Froemke
2023 ND 154 |
|
Davis, et al. v. Mercy Medical Center, et al.
2023 ND 153 |
|
State v. Kollie
2023 ND 152 |
|
Wootan v. State
2023 ND 151
Highlight: Once the State moves for summary judgment on a post-conviction application, the defendant must provide evidentiary support for their application in response to the State’s motion. |
|
Black Elk v. State
2023 ND 150
Highlight: A part must preserve an issue in district court before it can be reviewed on appeal. A party must preserve a claim of error, as it relates to the admissibility of evidence, by objecting or moving to strike the evidence on record and stating a specific ground for exclusion. |
|
Goff v. NDDOT
2023 ND 149 Highlight: Substantially justified means justified to a degree that could satisfy a reasonable person. |
|
Interest of D.M.H. (CONFIDENTIAL)
2023 ND 148 Highlight: Absent a change in circumstances, the juvenile court does not err in adopting a prior visitation schedule as the current visitation schedule. |
|
Hennessey v. Milnor School District
2023 ND 147
Highlight: In an appeal from a motion to dismiss under N.D.R.Civ.P. 12(b)(6), the complaint is construed in the light most favorable to the plaintiff and well-pleaded allegations are accepted as true. |
|
State, et al. v. Vetter
2023 ND 146 Highlight: Rule 60(a), N.D.R.Civ.P., was designed to allow district courts to correct errors created by oversight or omission. Rule 60(a) does not authorize the court to change what has been deliberately done. |
|
Gonzalez v. Perales
2023 ND 145
Highlight: To be appealable under N.D.C.C. § 28-27-02(1), an order must determine the action and prevent a judgment from which an appeal might be taken. |
|
State v. Larsen (consolidated w/20220375 & 20220376)
2023 ND 144 |
|
DOCR v. Louser, et al.
2023 ND 143
Highlight: The Department of Corrections and Rehabilitation has broad authority under N.D.C.C. § 54-23.3-01 to supervise offenders and probationers when directed by the district court. |
|
Zavanna v. Gadeco, et al.
2023 ND 142 |
|
Edison v. Edison
2023 ND 141 |
|
Legacie-Lowe v. Lowe
2023 ND 140 |
|
Adoption of B.T.H. (CONFIDENTIAL)
2023 ND 139 Highlight: Order and decree terminating parental rights to a minor child and granting a petition for adoption summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Bullinger v. Sundog Interactive, et al.
2023 ND 138 Highlight: A district court must make adequate findings under N.D.R.Civ.P. 52(a)(1) to understand the basis for its decision. |
|
Interest of B.R. (CONFIDENTIAL) (consolidated w/20230187)
2023 ND 137 Highlight: Orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Redpaint v. State
2023 ND 136
Highlight: Postconviction relief is governed by statute, and its proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. |
|
Interest of G.R.D.
2023 ND 135 Highlight: A juvenile court’s order placing a child into the custody of the Division of Juvenile Services will not be reversed unless the court’s findings were clearly erroneous. |
|
Otten v. Otten, et. al.
2023 ND 134
Highlight: A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed. |
|
Dogbe v. Dogbe, et al.
2023 ND 133
Highlight: To modify a primary residential responsibility order within the two-year period following the entry of the order the movant must make a prima facie case showing the requirements under N.D.C.C. § 14-09-06.6(5). |
|
Hagen v. N.D. Insurance Reserve Fund
2023 ND 132
Highlight: A district court’s review of in-camera documents is reviewed for an abuse of discretion. |
|
State v. Knight
2023 ND 130
Highlight: A motion for new trial is reviewed for abuse of discretion. |
|
Fleck v. Fleck, et al.
2023 ND 129 |
|
Mickelson, et al. v. City of Rolla
2023 ND 128 Highlight: If an entity violates section 44-04-18, N.D.C.C., an interested person or entity may not file a civil action seeking attorney’s fees or damages, or both, until at least three working days after providing notice of the alleged violation to the chief administrative officer for the public entity under N.D.C.C. § 44-04-21.2(3). |
|
State v. Graff
2023 ND 127 |
|
Interest of Gehlhoff
2023 ND 126 Highlight: When a district court concludes that an individual has a serious difficulty controlling behavior, its findings must identify recent conduct or describe anything that shows the individual has a “present serious difficulty controlling his behavior.” |
|
State v. Sullivan
2023 ND 125
Highlight: When making an arrest without a warrant, the officer shall inform the person to be arrested of the officer’s authority and the cause of the arrest, unless an exception under N.D.C.C. § 29-06-17 applies. |
|
Estate of Ewing
2023 ND 124 |
|
Hegenes Apartment Management v. Borlay, et al.
2023 ND 123 |
|
Interest of C.A.S.
2023 ND 122
Highlight: An appeal from a decision terminating parental rights must be filed within 30 days of entry of the order or judgment. The North Dakota Rules of Appellate Procedure do not authorize an extension. An appeal not filed within 30 days of entry of the order or judgment must be dismissed for lack of jurisdiction. |
|
State v. Brame
2023 ND 121
Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea. |
|
Goetz v. Goetz, et al.
2023 ND 120 |
|
State v. Noble (consolidated w/20220364)
2023 ND 119 |
|
Interest of I.C.
2023 ND 118 Highlight: A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
Laducer v. Laducer, et al.
2023 ND 117 Highlight: A district court order denying a motion to review and amend child support is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (8). |
|
State v. Gardner
2023 ND 116
Highlight: A criminal judgment entered after a jury convicted defendant of child abuse in violation of N.D.C.C. § 14-09-22 is affirmed. |
|
State v. Coons
2023 ND 115 |
|
Asiama v. Asumeng, et al.
2023 ND 114 |
|
Orwig v. Orwig (consolidated w/ 20220248)
2023 ND 113 |
|
State v. Lonechild
2023 ND 112
Highlight: A defendant may be charged with escape under N.D.C.C. § 12.1-08-06 if they are in custody at a facility for custody of persons under charge or conviction of an offense, leave while participating in a work release program, and fail to return to the facility. |
|
Glasser v. State
2023 ND 111
Highlight: Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3). |
|
Interest of I.X.F. (CONFIDENTIAL)
2023 ND 110 Highlight: A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
|
O'Neal v. State
2023 ND 109 |
|
Etemad v. State
2023 ND 108 |
|
Interest of T.H.P.B. (CONFIDENTIAL)
2023 ND 107 Highlight: A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Sanchez
2023 ND 106
Highlight: The district court abuses its discretion when it allows testimony regarding statements made by a victim before the victim testifies and is subject to cross-examination regarding those statements. |
|
Brown v. State
2023 ND 105
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). |
|
State v. Johnson
2023 ND 104 |
|
Rocket Dogs K-9 Aquatics & Wellness Center v. Derheim, et al.
2023 ND 103 |
|
State v. Heinrich
2023 ND 102 |
|
Blue Steel Oil and Gas v. NDIC, et al.
2023 ND 101 |
|
Interest of P.S. (CONFIDENTIAL)
2023 ND 100 |
|
Interest of G.L.D. (CONFIDENTIAL)
2023 ND 99 |
|
Gwilliams v. Gwilliams
2023 ND 98 |
|
State v. Brown
2023 ND 97 |
|
Chambering of Two New Judgeships in the East Central Judicial District
2023 ND 95 |
|
Falcon v. Knudsen, et al.
2023 ND 94 |
|
Matter of Shane Lance Yates
2023 ND 93 |
|
Matter of Amy Jo Yates
2023 ND 93
Highlight: District court orders denying petitions for name changes are summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
|
Gartei v. Gartei
2023 ND 92 Highlight: A district court order denying a motion to vacate the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Kutcka, et al. v. Gateway Building Systems, et al.
2023 ND 91 |
|
Nelson v. NDDOT
2023 ND 90 |
|
State v. Walsh
2023 ND 89 Highlight: A district court must inform the defendant of the court’s authority to order restitution before a guilty plea can be accepted. |
|
Legacie-Lowe v. Lowe
2023 ND 88 |
|
Johnson v. City of Jamestown
2023 ND 87 |
|
Anderson v. Anderson
2023 ND 86 |
|
E.R.J. v. T.L.B. (CONFIDENTIAL)
2023 ND 85 |
|
Nodak Ins. Co. v. Farm Family Casualty Ins. Co., et al.
2023 ND 84 |