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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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Troubadour Oil & Gas v. Rustad, et al. 2022 ND 191
Docket No.: 20220196
Filing Date: 11/10/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Addai v. State 2022 ND 190
Docket No.: 20220044
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: A defendant’s ability to waive their right to a public trial knowingly, intelligently, and voluntarily, as declared in State v. Martinez, 2021 ND 42, ¶ 13, 956 N.W.2d 772, is not retroactive in application to previous cases as it is neither a substantive rule nor a rule that qualifies as watershed implicating the fundamental fairness and accuracy of a criminal proceeding.

Addai v. State 2022 ND 190
Docket No.: 20220044
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Kuntz v. State 2022 ND 189
Docket No.: 20220053
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Whether a defendant is competent to enter a plea is a question of fact, and a district court’s finding on the issue will not be set aside unless clearly erroneous.

Conflicts in testimony are resolved in favor of affirmance, as we recognize the district court is in a superior position to assess credibility of witnesses and weigh the evidence.

In a post-conviction relief proceeding to withdraw a guilty plea, the defendant must prove a manifest injustice requires withdrawal of a guilty plea.

Kuntz v. State 2022 ND 189
Docket No.: 20220053
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Kratz v. State 2022 ND 188
Docket No.: 20220087
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: A district court does not abuse its discretion when it dismisses an application for post-conviction relief where the applicant failed to provide any evidentiary support for the claims.

Kratz v. State 2022 ND 188
Docket No.: 20220087
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Knapp v. The Jones Financial Co., et al. 2022 ND 187
Docket No.: 20220140
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Rule 43 of the North Dakota Rules of Appellate Procedure is intended to provide a mechanism for substitution of a party who dies after proceedings in the district court have concluded. Under Rule 43(a)(3), an attorney may file a notice of appeal on behalf of a decedent if he or she was “entitled to appeal” before dying. If a party dies during proceedings in the district court—i.e., before the party is entitled to appeal, North Dakota Rule of Civil Procedure 25 applies.

Knapp v. The Jones Financial Co., et al. 2022 ND 187
Docket No.: 20220140
Filing Date: 11/10/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Goff v. NDDOT 2022 ND 186
Docket No.: 20220119
Filing Date: 11/10/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: The public does not have a right of access to a private parking lot for vehicular use when the lot is marked “private property” and a city ordinance makes such use unlawful when so marked.

The district court determines in the first instance whether an agency acted without substantial justification requiring an award of costs and attorney’s fees to the prevailing party.

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