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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.

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State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

State v. Rademacher (consolidated w/20220127 & 20220128) 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

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.

To request the amendment of a rule, a petitioner must file properly under N.D.R.Proc.R. § 3.1.

State v. Rademacher (consolidated w/20220127 & 20220128) 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

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.

The inevitable discovery doctrine applies only when the police have not acted in bad faith to accelerate the discovery of evidence and the prosecution proves the evidence would have been found without the unlawful activity.

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Quamme v. Quamme 2023 ND 7
Docket No.: 20220197
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

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.

In deciding whether to award spousal support, the court must consider the needs of the spouse seeking support and the ability of the other spouse to pay.

Quamme v. Quamme 2023 ND 7
Docket No.: 20220197
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

State v. Smith 2023 ND 6
Docket No.: 20220063
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A party may not challenge on appeal an alleged error invited by that party.

An obvious error is an error that is plain and affects the defendant’s substantial rights.

Jury instructions must correctly and adequately inform the jury of the law, and a jury instruction that fails to instruct the jury on all of the essential elements of an offense is in error.

State v. Smith 2023 ND 6
Docket No.: 20220063
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

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