Opinions
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701 - 800 of 12382 results
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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 |
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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 |