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.
701 - 800 of 12358 results
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Cook v. State
2023 ND 13 |
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Cook v. State
2023 ND 13 Highlight: A district court judgment denying petitioner’s application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12
Highlight: A district court’s decision to grant an extension or discovery order is discretionary and will not be overturned unless the court abuses its discretion. |
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Burleigh Cty. Social Service Bd. v. Rath
2023 ND 12 |
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Vacancy in Judgeship No. 2, SCJD
2023 ND 11 Highlight: Judgeship retained at Bismarck. |
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State v. Moore
2023 ND 10 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Moore
2023 ND 10 |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9
Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections. |
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State v. Rademacher (consolidated w/20220127 & 20220128)
2023 ND 9 |
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State v. Krall
2023 ND 8
Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence. |
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State v. Krall
2023 ND 8 |
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Quamme v. Quamme
2023 ND 7
Highlight: In determining an obligor’s child support obligation, the court errs as a matter of law if it does not comply with the child support guidelines. |
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Quamme v. Quamme
2023 ND 7 |
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State v. Smith
2023 ND 6
Highlight: A party may not challenge on appeal an alleged error invited by that party. |
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State v. Smith
2023 ND 6 |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of S.M.B. (CONFIDENTIAL)
2023 ND 5 |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4
Highlight: When a party files a motion for a new trial under N.D.R.Civ.P. 59, review on appeal is limited to the grounds presented in the motion. |
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UMB Bank N.A. v. Eagle Crest Apartments, et al.
2023 ND 4 |
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State v. Banerjee
2023 ND 3 Highlight: Dismissal of motions requesting a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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State v. Banerjee
2023 ND 3 |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. When a trust instrument is unambiguous, the settlor’s intent is ascertained from the language of the trust document itself. |
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Matter of Michael J. Tharaldson Trust
2023 ND 2 |
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Norberg v. Norberg, et al.
2023 ND 1 Highlight: When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate. |
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Washington v. Job Service, et al.
2022 ND 238 Highlight: A judgment affirming Job Service’s decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
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Washington v. Job Service, et al.
2022 ND 238 |
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State v. Clauthier (consolidated w/20220224)
2022 ND 237 Highlight: Two district court orders revoking probation and resentencing a defendant are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Clauthier (consolidated w/20220224)
2022 ND 237 |
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Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL)
2022 ND 236 Highlight: A party seeking termination of parental rights must prove all of the statutory elements by clear and convincing evidence. If the party seeking termination proves the statutory elements, the district court has discretion to decide whether to terminate parental rights. |
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Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL)
2022 ND 236 |
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Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312)
2022 ND 235
Highlight: Juvenile courts have exclusive jurisdiction to order termination of parental rights under N.D.C.C. § 27-20.2-03(1)(b). |
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Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312)
2022 ND 235 |
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State v. Yousif
2022 ND 234 Highlight: A district court has broad discretion to exclude extrinsic evidence of prior inconsistent statements at trial, even if a proper foundation has been laid. |
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State v. Yousif
2022 ND 234 |
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Shafer v. Scarborough, et al.
2022 ND 233 Highlight: An arbitration award will not be vacated unless it is completely irrational, and an award is completely irrational if the decision is either mistaken on its face or so mistaken as to result in real injustice or constructive fraud. |
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Shafer v. Scarborough, et al.
2022 ND 233 |
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Matter of Wolff
2022 ND 232 Highlight: A district court’s order denying a petition 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 Wolff
2022 ND 232 |
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Vassel v. Vassel, et al.
2022 ND 231
Highlight: The district court has discretion to award back child support considering the time the parties separated. |
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Vassel v. Vassel, et al.
2022 ND 231 |
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Larson Latham Huettl v. Burckhard
2022 ND 230
Highlight: The district court does not abuse its discretion in denying a request for additional discovery where the party requesting fails to identify what information is sought, why they were unable to obtain the information before the motion for summary judgment, and fails to explain how the information would preclude summary judgment. |
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Larson Latham Huettl v. Burckhard
2022 ND 230 |
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Senger v. Senger
2022 ND 229
Highlight: Generally, statutes in place at the time of commencement of an action apply. A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute. |
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Senger v. Senger
2022 ND 229 |
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Disciplinary Board v. Overboe (Interim Suspension)
2022 ND 228 Highlight: Interim suspension of lawyer ordered. |
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Disciplinary Board v. Overboe (Interim Suspension)
2022 ND 228 |
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Disciplinary Board v. Baird
2022 ND 227 Highlight: Lawyer disbarred. |
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Disciplinary Board v. Baird
2022 ND 227 |
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Buchholz v. Mayo
2022 ND 226 Highlight: Disorderly conduct restraining order summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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Buchholz v. Mayo
2022 ND 226 |
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Nodak Electric Coop. v. N.D. Public Svc. Commission, et al.
2022 ND 225
Highlight: A city has constitutional authority to franchise a public utility or similar service within the city. |
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Nodak Electric Coop. v. N.D. Public Svc. Commission, et al.
2022 ND 225 |
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Matter of Emelia Hirsch Trust
2022 ND 224 Highlight: A district court pre-filing vexatious litigant order is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Matter of Emelia Hirsch Trust
2022 ND 224 |
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Schmidt v. Hageness, et al.
2022 ND 223 Highlight: Dismissal of complaint alleging quiet title to land is summarily affirmed under N.D.C.C. § 32-17-01 because warranty deed failed to meet the requirements under N.D.C.C. § 47-10-05. |
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Schmidt v. Hageness, et al.
2022 ND 223 |
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Bell v. State
2022 ND 222 Highlight: The statutory meaning of “physical disability” within N.D.C.C. § 29-32.1-01(3)(a)(2) does not include an inability to access state case law while serving a sentence in a federal prison. |
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Bell v. State
2022 ND 222 |
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Fain, et al. v. Integrity Environmental, et al.
2022 ND 221
Highlight: When a district court has made sufficient findings that demonstrate intent, mutual assent, and sufficient consideration among the parties to substitute a new obligation for an existing one, a finding of novation by the court is not clearly erroneous. |
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Fain, et al. v. Integrity Environmental, et al.
2022 ND 221 |
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Wheeler v. Sayler, et al.
2022 ND 220
Highlight: An order dismissing a complaint without prejudice is generally not appealable. |
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Wheeler v. Sayler, et al.
2022 ND 220 |
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State v. Davis
2022 ND 219 Highlight: The district court’s findings on restitution were not clearly erroneous. |
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State v. Davis
2022 ND 219 |
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State v. Tully
2022 ND 218 Highlight: A criminal judgment of terrorizing subsequent to a plea of guilty is summarily affirmed under N.D.R.App.P. 35.1(a)(3) & (7). |
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State v. Tully
2022 ND 218 |
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Kubik v. Hauck
2022 ND 217 Highlight: To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary, and not a mere barrier, for at least 20 years prior to the litigation. Whether there has been mutual recognition of a boundary is a question of fact, reviewed under the clearly erroneous standard. |
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Kubik v. Hauck
2022 ND 217 |
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Trosen, et al. v. Trosen, et al.
2022 ND 216
Highlight: The nonperformance of a contractual duty when it is due is a breach of the contract. |
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Trosen, et al. v. Trosen, et al.
2022 ND 216 |
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Watson v. State (consolidated w/20220104)
2022 ND 215 Highlight: In an ineffective assistance of counsel claim, a criminal defendant must demonstrate (1) counsel’s representation fell below an objective standard of reasonableness and (2) there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. |
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Watson v. State (consolidated w/20220104)
2022 ND 215 |
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Fercho v. Fercho, et al.
2022 ND 214
Highlight: A party to a divorce action who accepts benefits pursuant to a divorce judgment does not waive the right to appeal from the judgment, overruling prior case law applying the general rule that acceptance of substantial benefits under the divorce judgment waived the right to appeal. |
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Fercho v. Fercho, et al.
2022 ND 214 |
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Provins v. WSI, et al.
2022 ND 213
Highlight: For purposes of WSI benefits, a compensable injury includes a mental or psychological condition caused by a physical injury, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not preexist the work injury. |
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Provins v. WSI, et al.
2022 ND 213 |
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State v. Dahl
2022 ND 212
Highlight: When the sufficiency of evidence to support a criminal conviction is challenged, this Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. |
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State v. Dahl
2022 ND 212 |
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Dominek, et al. v. Equinor Energy, et al.
2022 ND 211
Highlight: Under N.D.R.App.P.47, questions certified by a foreign court may be answered if the question could be determinative of the proceeding and there is no controlling precedent. The standard for answering questions certified by a foreign court is less stringent than the standard for answering a question certified by a state district court, which requires the question be determinative. |
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Dominek, et al. v. Equinor Energy, et al.
2022 ND 211 |
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Feickert v. Feickert
2022 ND 210
Highlight: Voluntarily paying a partial undisputed amount of a judgment does not waive a party’s right to appeal the remaining disputed amount or other unrelated claims. However, partial satisfaction of a judgment extinguishes the underlying claim. |
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Feickert v. Feickert
2022 ND 210 |
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Interest of A.M.K. (CONFIDENTIAL)
2022 ND 209 Highlight: A district court’s orders for continuing hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of A.M.K. (CONFIDENTIAL)
2022 ND 209 |
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State v. Moses
2022 ND 208
Highlight: Statutes are interpreted to give meaning and effect to every word, phrase, and sentence, and construed to avoid rendering part of the statute mere surplusage. |
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State v. Moses
2022 ND 208 |
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Anton v. Klipfel, et. al.
2022 ND 207 Highlight: A Job Service North Dakota’s decision is affirmed when a reasoning mind reasonably could have determined the agency’s factual conclusions were proved by the weight of evidence. |
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Anton v. Klipfel, et. al.
2022 ND 207 |
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State v. Peltier (consolidated w/ 20220097)
2022 ND 206
Highlight: Criminal judgments entered after a jury verdict are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3). |
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State v. Peltier (consolidated w/ 20220097)
2022 ND 206 |
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Mullin, et al. v. Pendlay
2022 ND 205
Highlight: Common law theory of imposing a trust based upon a confidential relationship is still present in North Dakota law. |
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Mullin, et al. v. Pendlay
2022 ND 205 |
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Kaspari v. Kaspari
2022 ND 204
Highlight: A district court may not order an award of spousal support that exceeds the court’s own finding of need for a recipient spouse without specifically identifying and quantifying those additional expenses. |
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Kaspari v. Kaspari
2022 ND 204 |
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Buchholz v. Overboe
2022 ND 203
Highlight: A divorce based on irreconcilable difference applies to both parties. An argument implying the judgment does not apply to both parties is “nonsensical and frivolous.” |
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Buchholz v. Overboe
2022 ND 203 |
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Beland, et al. v. Danel, et al.
2022 ND 202
Highlight: A district court may impose sanctions if litigation was brought for an improper and unjust purpose under N.D.R.Civ.P. 11(b)(1), or lacked evidentiary support under N.D.R.Civ.P. 11(b)(3), even if a portion of the litigation had merit under N.D.R.Civ.P. 11(b)(2). |
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Beland, et al. v. Danel, et al.
2022 ND 202 |
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State v. Davis-Heinze
2022 ND 201
Highlight: A trial court may avoid a violation of the public trial right by summarizing on the record what was discussed at the conference, the conference must have occurred in open court, and both parties to the action must have an opportunity to object to the accuracy of the court’s summary or supplement the record as to the off-the-record events. |
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State v. Davis-Heinze
2022 ND 201 |