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.
3751 - 3800 of 12446 results
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Stridiron v. State (cross-reference w/20080285)
2012 ND 214 Highlight: Order summarily dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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State v. Jones
2012 ND 213 Highlight: Criminal judgment for forgery entered upon a guilty plea summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of T.M. (CONFIDENTIAL) (consolidated w/20120117)
2012 ND 212 Highlight: Order finding juvenile committed disorderly conduct and is a deprived child, and placing him in custody of Social Services for one year with authority to remove him from mother's home, is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Corman v. State
2012 ND 211 Highlight: Order denying post-conviction relief application summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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State v. Anaya-Verajerano
2012 ND 210 Highlight: Criminal judgment entered upon a jury verdict finding defendant guilty of conspiracy to commit burglary and conspiracy to commit theft is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Smith
2012 ND 209 Highlight: Criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Holkesvig v. Grove (consol. w/ 20120225)
2012 ND 208 Highlight: Summary judgment dismissing claims alleging misconduct by a law enforcement officer and orders denying post-judgment motions and prohibiting the plaintiff from filing further motions or pleadings is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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State v. McGeehan
2012 ND 207 Highlight: Criminal judgment after a jury found a defendant guilty of simple assault on a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Disciplinary Board v. Hankey
2012 ND 206 Highlight: Lawyer reprimanded. |
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Disciplinary Board v. Summers
2012 ND 205 Highlight: Lawyer suspension ordered. |
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Walstad v. Walstad
2012 ND 204 Highlight: Punitive damages are not authorized in an independent action in equity challenging a prior divorce judgment. |
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Carlson v. Workforce Safety & Insurance, et al. (Cross-reference w/20080250)
2012 ND 203
Highlight: The "law of the case" doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. |
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Tarnavsky v. Tarnavsky, et al. (cross-reference w/20020292, 20050457, 20070161)
2012 ND 202 Highlight: Civil judgment denying an applicant's petition for an emergency temporary restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
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Wheeler v. Southport Seven Planned Unit Dev., et al.
2012 ND 201
Highlight: The creation of a planned unit development ("PUD") is a legislative act, and PUD provisions are zoning ordinances. Restrictive covenants and zoning ordinances are tools used to restrict the use of real property. |
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Interest of B.K. (CONFIDENTIAL)
2012 ND 200 Highlight: Mental health commitment summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Kohanowski v. Burkhardt
2012 ND 199
Highlight: An oral agreement to pay money in installments for a period longer than one year, and which does not include express terms governing prepayment, is barred by the statute of frauds. |
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State v. Gagnon
2012 ND 198
Highlight: Plain view alone is never enough to justify the warrantless search or seizure of evidence. |
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Martire' v. Martire'
2012 ND 197
Highlight: A parent who willfully alienates a child from the other parent may not be awarded custody based on that alienation. |
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Bank of North Dakota v. Brown, et al.
2012 ND 196 Highlight: A judgment granting foreclosure is summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6) and (7). |
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Frazer v. WSI, et al.
2012 ND 195 Highlight: District court judgment affirming an order of Workforce Safety and Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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State v. Delage
2012 ND 194 Highlight: Criminal judgment after a jury found a defendant guilty of two counts of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Application of Covert
2012 ND 193 Highlight: Civil judgment denying an applicant's petition for name change is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Matter of Quilt (cross reference w/20100397)
2012 ND 192 Highlight: Order denying request 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 Hehn (cross-reference 20110053)
2012 ND 191 Highlight: Order denying request 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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State v. VanDyke
2012 ND 190 Highlight: Criminal judgment for gross sexual imposition is affirmed under N.D.R.App.P. 35.1(a)(3). |
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Everett v. State
2012 ND 189 Highlight: District court order summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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CitiMortgage, Inc. v. Adolph, et al.
2012 ND 188 Highlight: District court order granting foreclosure on mortgaged property is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
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Disciplinary Board v. Jensen
2012 ND 187 Highlight: Lawyer suspension ordered. |
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George v. Veeder
2012 ND 186
Highlight: The term "minerals" as used in reservation language in a warranty deed does not include gravel, clay, or scoria. |
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Ennis v. N.D. Dep't of Human Services
2012 ND 185 Highlight: For eligibility for food stamps, self-employment income is generally to be determined on the basis of an averaging of prior income, but self-employment income must be calculated on the basis of anticipated rather than prior earnings if the averaged amount does not accurately reflect the household's actual circumstances because the household has experienced a substantial increase or decrease in business. |
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Forsman v. Blues Brews and Bar-B-Ques Inc., et al.
2012 ND 184
Highlight: Persons injured by an obviously intoxicated person may bring a dram shop action against any person who knowingly provides alcoholic beverages to the obviously intoxicated person. |
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Dahly v. Anderson
2012 ND 183
Highlight: The caregiver child exemption under 42 U.S.C. 1396p(c)(2)(A)(iv) provides that the transfer of a parent's home to a child who provided live-in care to the parent for at least two years, which allowed the parent to reside at home rather than in a nursing care facility, is not a disqualifying transfer under federal Medicaid law. |
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Nuveen v. Nuveen
2012 ND 182
Highlight: A motion for an extension of time to file a notice of appeal based upon excusable neglect is addressed to the sound discretion of the district court, and its decision will not be set aside on appeal absent an abuse of discretion. |
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State v. Middleton
2012 ND 181 Highlight: If a party moves for a new trial, the party is limited on appeal to the grounds presented to the district court in the motion. |
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Waldock v. Amber Harvest Corp., et al.
2012 ND 180
Highlight: If a grantor does not own a large enough mineral interest to satisfy both a grant and a reservation of the mineral interest, the grant must be satisfied first because the grant is superior to the reservation. |
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Seay v. Seay
2012 ND 179
Highlight: A divorce judgment provision requiring a child support and spousal support obligor to obtain and maintain a life insurance policy on himself as security for his future support obligations is not an improper upward deviation from the child support guidelines. |
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Nichols, et al. v. Goughnour, et al.
2012 ND 178
Highlight: Instruments executed at the same time, by the same parties, in the course of the same transaction, and concerning the same subject matter, may be read and construed together. |
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Disciplinary Board v. Hoffman (Cross-Reference w/ 20030141 & 20030142)
2012 ND 177 Highlight: Lawyer disbarment ordered. |
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State v. $44,140 U.S. Currency, et al.
2012 ND 176
Highlight: A presumption of forfeiture for currency furnished in exchange for a controlled substance exists if there is a reasonable basis to believe there is a connection between the property and enumerated drug offenses and the property was acquired when the person who acquired the property was engaged in the drug offense and there is no likely source for the property other than the drug offense. |
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Fines, et al. v. Ressler Enterprises, Inc., et al.
2012 ND 175 Highlight: A district court may exercise its inherent power to sanction for the spoliation of evidence after considering: the culpability of the party against whom sanctions are sought; the prejudice to the moving party, and the degree of the prejudice; and the availability of less severe alternative sanctions. |
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Disciplinary Board v. Feland
2012 ND 174
Highlight: A prosecutor's ethical duty to disclose all exculpatory evidence to the defense under N.D.R. Prof. Conduct 3.8(d) is broader than the duties imposed by N.D.R.Crim.P. 16 and Brady v. Maryland, and does not vary depending upon the strength of the other evidence in the case. |
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City of Mandan, et al. v. Strata Corp., et al.
2012 ND 173 Highlight: Certification under N.D.R.Civ.P. 54(b) is inappropriate when further developments in the trial court may moot the issue raised on appeal. |
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Clausnitzer v. Tesoro Refining and Marketing Co.
2012 ND 172
Highlight: To establish a prima facie case of lawful activity discrimination under the Human Rights Act, the plaintiff must raise a genuine issue of material fact that he participated in lawful activity off the employer's premises during nonworking hours which was not in direct conflict with the essential business-related interests of the employer. |
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Heier v. N.D. Department of Corrections and Rehabilitation
2012 ND 171 Highlight: An agency may not punish an employee multiple times for one instance of misconduct. |
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Bakke v. D&A Landscaping Co., et al.
2012 ND 170
Highlight: A precursor to piercing a limited liability company owner's liability shield is that the company be liable to the claimant in the first instance. |
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Burke v. State
2012 ND 169
Highlight: A person convicted of a crime may move for forensic DNA testing to demonstrate the person's actual innocence if the testing is to be performed on evidence secured in relation to the trial that resulted in the conviction and the evidence was not subje the testing because either the technology for the testing was not available at the time of the trial or the testing was not available as evidence at the time of the trial. |
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Matter of S.E. (Confidential)
2012 ND 168
Highlight: A trial court may not enter an order or judgment that affects the merits of issues properly on appeal. |
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Rudnick v. Rode
2012 ND 167
Highlight: The district court must comply with the procedural requirements in N.D.R.Ct. 8.2 when it issues an ex parte interim order, and it must find there are exceptional circumstances justifying the order based on evidence presented by affidavit. |
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Smestad v. Harris (cross-ref. with 20100216)
2012 ND 166
Highlight: Absent specific instructions from this Court, a district court deciding an issue on remand must exercise its discretion when determining the procedure to follow. |
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Falkenstein, et al. v. Dill, et al.
2012 ND 165
Highlight: The substance of a complaint is considered to determine whether the complaint sufficiently raised a claim. |