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.
11 - 20 of 11089 results
State v. Heintz (consolidated w/ 20230382-20230384)
Highlight: Orders for revocation of probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
State v. Pederson
Highlight: Case Highlight : To succeed in a challenge under Brady, the defendant must demonstrate the evidence was favorable to the defendant or plainly exculpatory. |
Musland v. Musland
Highlight: A marital distribution does not need to be equal to be equitable, and while assessing a property division, a district court may consider the importance of preserving the viability of a business operation like a family farm. Liquidation of an ongoing farming operation or business is ordinarily a last resort. |
Field v. Field, et al.
Highlight: Under Rule 30(a), N.D.R.App.P., a party's references to evidence in any document on appeal must cite to items in the record. This Court does not consider documents that are not in the certified record. After an initial custody decision has been made, parenting time modifications are governed by N.D.C.C. § 14-05-22(2) and by standards set forth in caselaw. A parenting plan must include a provision on decision making responsibility under N.D.C.C. § 14-09-30(2)(a), and that responsibility must be allocated in the best interests of the child, N.D.C.C. § 14-09-31(2). A district court's decision on parenting time and decision making responsibility is a finding of fact subject to the clearly erroneous standard of review. |
State v. Hartson
Highlight: Case Highlight: Changing the culpability level of the crime charged is not a modification of a statute. Under N.D.C.C. § 12.1-02-02(4), a lesser degree of culpability is satisfied if the proven degree of culpability is higher. |
Estate of Kish
Highlight: A two-step analysis is required to determine whether an order is appealable. First, for this Court to have appellate jurisdiction, the order being appealed must meet statutory criteria for appealability. Second, for this Court to consider the appeal at this time, the requirements of N.D.R.Civ.P. 54(b) must have been satisfied. |
Vacancy in Judgeship No. 8, ECJD
Highlight: Vacancy retained at Fargo |
Cichos, et al. v. Dakota Eye Institute, P.C., et al.
Highlight: Case Highlight: Rule 54(b), N.D.R.Civ.P., preserves our long-standing policy against piecemeal appeals. When this Court considers the merits in a case involving a N.D.R.Civ.P. 54(b) certification, it does so because the resolution of the issue on appeal will always need to be resolved and is separate from the issue left to be adjudicated. |
Schmidt v. Hess Corp., et al.
Highlight: Case Highlight: To prove negligence, a plaintiff must establish the existence of a duty, breach of that duty, and an injury proximately caused by the breach of duty. |
State v. Fuglesten
Highlight: A criminal judgment entered after a conditional plea is reversed and remanded to allow for withdrawal of the guilty plea because law enforcement illegally entered the home without exigent circumstances. If a misdemeanant is fleeing law enforcement, then exigent circumstances are required to permit law enforcement to enter the misdemeanant's home. |