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 12358 results
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Whetsel v. State
2023 ND 67 Highlight: An order summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Whetsel v. State
2023 ND 67 |
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Martinez v. State
2023 ND 66 Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Kluver, et al. v. SGJ Holdings, et al.
2023 ND 65
Highlight: A party moving for a new trial is limited on appeal to the issues raised in its new trial motion. |
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Kluver, et al. v. SGJ Holdings, et al.
2023 ND 65 |
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Wilkinson v. State
2023 ND 64 Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Wilkinson v. State
2023 ND 64 |
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Secura Supreme Ins. Co., et al. v. Differding, et al.
2023 ND 63 Highlight: An insurance policy is a contract. An insurance contract relates to the parties executing it. Litigants cannot claim estoppel based on policies to which they are not a party; nor can they claim waiver of a provision in a policy they have no right to enforce. |
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Secura Supreme Ins. Co., et al. v. Differding, et al.
2023 ND 63 |
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State v. Grant
2023 ND 62
Highlight: A Batson challenge includes a three-step inquiry: (1) A defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; (2) If that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and, (3) In light of the parties’ submissions, the trial court must determine whether the defendant has shown purposeful discrimination. |
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State v. Grant
2023 ND 62 |
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State v. Tompkins
2023 ND 61 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. |
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State v. Tompkins
2023 ND 61 |
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Interest of D.H. (CONFIDENTIAL)
2023 ND 60 Highlight: A district court’s order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Richardson v. State
2023 ND 59 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). |
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Bauer v. Bauer
2023 ND 58 Highlight: An amended judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Linner
2023 ND 57
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. |
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State v. Linner
2023 ND 57 |
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State v. K.J.A. (Confidential)
2023 ND 56 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. |
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State v. K.J.A. (Confidential)
2023 ND 56 |
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Senske Rentals, et al. v. City of Grand Forks
2023 ND 55
Highlight: The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal. |
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Senske Rentals, et al. v. City of Grand Forks
2023 ND 55 |
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Pozorski, et al. v. Trucks, Trailers & More, et al.
2023 ND 54 Highlight: A district court judgment dismissing a party’s claims is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Pozorski, et al. v. Trucks, Trailers & More, et al.
2023 ND 54 |
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Goetz v. Goetz, et al.
2023 ND 53 Highlight: A district court must make specific findings regarding whether a material change in circumstances resulted in a general decline or adversely affected the children in order to modify primary residential responsibility. |
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Goetz v. Goetz, et al.
2023 ND 53 |
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Matter of O.H.W. (CONFIDENTIAL)
2023 ND 52 Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Matter of O.H.W. (CONFIDENTIAL)
2023 ND 52 |
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Rath v. Rath, et al.
2023 ND 51 Highlight: Under N.D.R.Civ.P. 83(b), when a procedure is not specified, the district court may regulate its practice in any manner that is not inconsistent with a statute or rule. |
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Rath v. Rath, et al.
2023 ND 51 |
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Wrigley v. Romanick, et al.
2023 ND 50
Highlight: There is a fundamental right for a woman to obtain an abortion in instances where it is necessary to preserve her life or health. |
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Wrigley v. Romanick, et al.
2023 ND 50 |
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Interest of C.V.
2023 ND 49 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4) |
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Brockmeyer v. Brockmeyer, et al.
2023 ND 48
Highlight: Issues not necessary to the determination of an appeal will not be addressed. |
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Brockmeyer v. Brockmeyer, et al.
2023 ND 48 |
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State v. Watts
2023 ND 47
Highlight: Evidence not stricken from the record, or for which the jury was not instructed to disregard, remains available for the jury’s consideration. |
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State v. Watts
2023 ND 47 |
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State v. Hanson
2023 ND 46
Highlight: Comments from the State focusing on inconsistencies in a defendant’s case do not amount to prosecutorial misconduct. |
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State v. Hanson
2023 ND 46 |
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Crichlow v. Andrews
2023 ND 45
Highlight: A district court must consider all of the parties’ assets and debts, including separate property, to ensure an equitable distribution of the marital estate. |
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Crichlow v. Andrews
2023 ND 45 |
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State v. Isaak
2023 ND 44
Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception. |
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State v. Isaak
2023 ND 44 |
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4201 2nd Ave W v. First State Bank & Trust, et al.
2023 ND 43
Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt. |
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4201 2nd Ave W v. First State Bank & Trust, et al.
2023 ND 43 |
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Kainz, et al. v. Jacam Chemical Co. 2013
2023 ND 42
Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable. |
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Kainz, et al. v. Jacam Chemical Co. 2013
2023 ND 42 |
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Henry Hill Oil Services v. Tufto, et al.
2023 ND 41
Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished. |
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Henry Hill Oil Services v. Tufto, et al.
2023 ND 41 |
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Interest of Sternberg
2023 ND 40
Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements. |
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Interest of Sternberg
2023 ND 40 |
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Interest of A.P. (CONFIDENTIAL)
2023 ND 39
Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal. |
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Interest of A.P. (CONFIDENTIAL)
2023 ND 39 |
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Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38
Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action. |
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Olympic Financial Group, et al. v. ND Dep't of Financial Institutions
2023 ND 38 |
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Miller, et al. v. Nodak Ins. Co.
2023 ND 37
Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal. |
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Miller, et al. v. Nodak Ins. Co.
2023 ND 37 |
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Arthaud v. Fuglie
2023 ND 36 Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public. |
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Arthaud v. Fuglie
2023 ND 36 |
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Boutrous, et al. v. Transform Operating Stores, et al.
2023 ND 35
Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee. |
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Boutrous, et al. v. Transform Operating Stores, et al.
2023 ND 35 |
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State v. McLaughlin
2023 ND 34 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4). |
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State v. McLaughlin
2023 ND 34 |
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Nevin, et al. v. Kennedy, et al.
2023 ND 33
Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent. |
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Nevin, et al. v. Kennedy, et al.
2023 ND 33 |
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Queen v. Martel, et al.
2023 ND 32 Highlight: An award of equal residential responsibility of a minor child is remanded to the district court to make specific findings of fact on whether the domestic violence rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j) is triggered and, if so, whether the presumption is rebutted. |
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Interest of V.C. (CONFIDENTIAL)
2023 ND 31 Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of V.C. (CONFIDENTIAL)
2023 ND 31 |
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Krogstad v. State
2023 ND 30 Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Krogstad v. State
2023 ND 30 |
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L&C Expedition, et al. v. Swenson, Hagen and Co., et al.
2023 ND 29
Highlight: Section 22-03-03, N.D.C.C., provides that if parties contractually agree to a limitation on the time to bring a claim, the surety cannot be held beyond that limitation. |
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L&C Expedition, et al. v. Swenson, Hagen and Co., et al.
2023 ND 29 |
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State v. Thompson
2023 ND 28
Highlight: Probable cause supporting issuance of a search warrant exists when the facts and circumstances would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched. |
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State v. Thompson
2023 ND 28 |
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Panther Pressure Testers, et al. v. Szostak, et al.
2023 ND 27
Highlight: Under N.D.R.Civ.P. 37, a district court has a spectrum of sanctions available for discovery violations, including an entry of default judgment. Default judgment should be imposed only if there is a deliberate or bad faith non-compliance which constitutes a flagrant abuse of or disregard for discovery rules. |
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Panther Pressure Testers, et al. v. Szostak, et al.
2023 ND 27 |
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State v. Knight
2023 ND 26 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Knight
2023 ND 26 |
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State v. Bowen
2023 ND 25
Highlight: A district court may infer that an event did not occur on the basis of a witness’s testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred. |
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State v. Bowen
2023 ND 25 |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24
Highlight: A district court does not violate North Dakota Supreme Court Rule 52(4) by offering to reschedule a hearing so that a defendant may speak with counsel or by allowing a defendant to withdraw their request to speak with counsel. |
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State v. Dunn (consolidated w/20220209 & 20220210)
2023 ND 24 |
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Kitzan v. Kitzan, et al.
2023 ND 23
Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation. |
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Kitzan v. Kitzan, et al.
2023 ND 23 |
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Jensen v. Jensen, et al.
2023 ND 22 Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children. |
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Jensen v. Jensen, et al.
2023 ND 22 |
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Interest of R.S.
2023 ND 21 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Knutson v. Foughty, et al.
2023 ND 20 Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection. |
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Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146)
2023 ND 19 |
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Hoffman v. Hoffman, et. al.
2023 ND 18
Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3). |
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Hoffman v. Hoffman, et. al.
2023 ND 18 |
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Keidel v. WSI, et al.
2023 ND 17
Highlight: Res judicata prohibits the relitigation of claims or issues that were raised or could have been raised in an earlier action between the same parties and was resolved by final judgment. |
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Keidel v. WSI, et al.
2023 ND 17 |
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Larson Latham Huettl v. Iversen
2023 ND 16
Highlight: A party to a contract does not waive its contractual rights when its actions are expressly authorized by the terms of the contract. |
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Larson Latham Huettl v. Iversen
2023 ND 16 |
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Reed v. Reed, et al.
2023 ND 15 Highlight: For child support purposes the definition of income is very broad and is intended to include any form of payment to an obligor, regardless of source, which is not specifically excluded under the guidelines. |
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Reed v. Reed, et al.
2023 ND 15 |
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Sadek, et al. v. Weber, et al.
2023 ND 14
Highlight: Rule 54(b), N.D.R.Civ.P., authorizes a district court to direct entry of a judgment adjudicating fewer than all of the claims as final when there is “no just reason for delay.” Absent a finality certification under Rule 54(b), a decision adjudicating fewer than all of the claims in a case does not end the action and it may be revised at any time before entry of a final judgment deciding all of the claims. Rule 54(b) does not apply when a judgment decides all of the claims in a case. |
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Sadek, et al. v. Weber, et al.
2023 ND 14 |