⚖️ North Dakota Supreme Court
Citation: N.D.
305 cases • S
Cases (sorted by citation count)
Interest of J.J.G., M.K.G. & O.J.G.
3 citationsA 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 c...
Watson v. State
3 citationsIn 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 proba...
Disciplinary Board of the Supreme Court of the State of North Dakota v. Kellington
3 citationsIn Re Wk
3 citationsBartch v. North Dakota Department of Transportation
3 citationsIn Re Disciplinary Action Against Overboe
3 citationsEverett v. State
2 citationsAn applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found. Newly discovered evidence for purposes of p...
Ebel v. Engelhart
2 citationsA district court judgment is reversed because the court misapplied the law by applying the statute of frauds when it was not specifically pled under N.D.R.Civ.P. 8. Rule 8(c), N.D.R.Civ.P., requires t...
Sargent Cty. Water Resource District v. Beck
2 citationsRes judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. Collateral estoppel precludes litigation of issues...
Interest of N.L.
2 citationsJuvenile courts have exclusive jurisdiction to order termination of parental rights under N.D.C.C. § 27-20.2-03(1)(b). If an agency meets the requirements for termination of parental rights under the ...
Bell v. State
2 citationsThe 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....
Provins v. WSI
2 citationsFor 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 cer...
Guardianship and Conservatorship of J.G.S.
2 citationsDeckert v. McCormick
2 citationsState v. Nagel
2 citationsAcross Big Sky Flow Testing, LLC v. Workforce Safety & Insurance
2 citationsWitzke v. Gonzales
2 citationsGaede v. State
1 citationsAn order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6)....
State v. Gai
1 citationsA criminal judgment revoking probation and resentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4)....
Heywood v. State
1 citationsA district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2)....
Shift Services v. Ames Savage Water Solutions
1 citationsOnce a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract. To establish a modification, the party asserting the modification mus...
State v. Serdahl
1 citationsA criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3)....
State v. Bearce
1 citationsA district court does not err when reducing a defendant's sentence within the 120-day period mandated by Rule 35(b), N.D.R.Crim.P. It is mandatory under Rule 35(b), N.D.R.Crim.P., that the sentencing ...
Shafer v. Scarborough
1 citationsAn 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 in...
Disciplinary Board v. Overboe
1 citationsInterim suspension of lawyer ordered....
Buchholz v. Mayo
1 citationsDisorderly conduct restraining order summarily affirmed under N.D.R.App.P. 35.1(a)(8)....
Frey v. Frey
1 citationsMatter of Lila Peterson's dogs
1 citationsState v. Gai
0 citationsA criminal judgment revoking probation and resentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4)....
Everett v. State
0 citationsAn applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found. Newly discovered evidence for purposes of p...
Heywood v. State
0 citationsA district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2)....
Gaede v. State
0 citationsAn order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6)....
Interest of J.M.M.
0 citationsA juvenile court order terminating a mother's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4)....
State v. Serdahl
0 citationsA criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3)....
Grengs v. Grengs
0 citationsA principal that allows an ostensible agent act with apparent authority may be bound by the agent's actions. A principal may expressly or impliedly ratify an ostensible agent's acts by conduct or fail...
Interest of Wedmore
0 citationsAn appeal to determine if a person remains a sexually dangerous individual must be taken within 30 days of an entry of an order denying discharge....
Mathisen v. Becker-Johner
0 citationsA brief is deficient if it fails to raise a legal argument, including the authorities on which it relies. A district court order and judgment granting summary judgment is summarily affirmed under N.D....
Shift Services v. Ames Savage Water Solutions
0 citationsOnce a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract. To establish a modification, the party asserting the modification mus...
State v. Bearce
0 citationsA district court does not err when reducing a defendant's sentence within the 120-day period mandated by Rule 35(b), N.D.R.Crim.P. It is mandatory under Rule 35(b), N.D.R.Crim.P., that the sentencing ...
Williams v. Williams
0 citationsReopening the record is an evidentiary issue subject to the abuse of discretion standard. If the obligor fails to provide reliable information regarding his gross income, and that information cannot b...
Vassel v. Vassel
0 citationsThe district court has discretion to award back child support considering the time the parties separated....
State v. Clauthier
0 citationsTwo district court orders revoking probation and resentencing a defendant are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4)....
Washington v. Job Service
0 citationsA judgment affirming Job Service's decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5)....
Matter of Wolff
0 citationsA 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)....
Matter of Emelia Hirsch Trust
0 citationsA district court pre-filing vexatious litigant order is summarily affirmed under N.D.R.App.P. 35.1(a)(4)....
State v. Davis
0 citationsThe district court's findings on restitution were not clearly erroneous....
Schmidt v. Hageness
0 citationsDismissal 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....
Nodak Electric Coop. v. N.D. Public Svc. Commission
0 citationsA city has constitutional authority to franchise a public utility or similar service within the city. The Public Service Commission's authority is limited to that authority provided to it by the legis...
Fain v. Integrity Environmental
0 citationsWhen 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 ...
Watson v. State
0 citationsIn 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 proba...