New opinions: December 18, 2025 Thursday, December 18, 2025
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Interest of J.C. 2025 ND 217 Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction. |
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Interest of S.C.Y. 2025 ND 217 Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction. |
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Adoption of G.M.H. 2025 ND 208 Highlight: District courts have discretion to terminate parental rights based on abandonment by evaluating whether a noncustodial parent failed to communicate with or support their child without justifiable cause. Courts must assess the specific facts of each case to determine if the parent's lack of contact and care was justified by the circumstances or represented an unjustified failure to maintain the parent-child relationship. |
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State v. Gaede 2025 ND 223 Highlight: An order denying a North Dakota Rule of Criminal Procedure 35(a) motion to correct an illegal sentence is summarily affirmed under North Dakota Rule of Appellate Procedure 35.1(a)(7). |
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Mollner v. State 2025 ND 218 Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Thornberg v. Thornberg, et al. 2025 ND 221 Highlight: The district court's order holding the appellant in contempt of court for interfering with the appellee's parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of G.S. 2025 ND 214 Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of A.S. 2025 ND 214 Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Myrick, et al. v. Holmes 2025 ND 225 Highlight: An appeal from a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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Matter of William C. Hansen and Verna Hansen Trust 2025 ND 220 Highlight: North Dakota Century Code § 59-14-02(5) governs whether an agent acting under a power of attorney has authority to amend a trust. It permits amendments "only to the extent expressly authorized by the terms of the trust or the power, exercised in writing and delivered to the trustee." Under N.D.C.C. § 59-19-02(1)(b), the express authorization requirement applies "to all judicial proceedings concerning trusts which are commenced after July 31, 2007." The word "express" means clearly and unmistakably communicated; stated with directness and clarity. Express authority cannot be implied from general provisions. |
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State v. Jaeger 2025 ND 222 Highlight: Pursuant to N.D.R.Crim.P. 36, a district court has authority to correct a clerical error in a written order that inaccurately states the court's oral pronouncement of sentence when the correction does not make the sentence more onerous than |
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Kolstad v. Claussen 2025 ND 213 Highlight: The district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions. A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review. |
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Fairville Township v. Wells Cty. Water Resource District 2025 ND 209 Highlight: Section 61-16.1-51, N.D.C.C., does not authorize water resource boards to assess their costs against governing bodies not acting as a landowner. |
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State v. Hamilton 2025 ND 224 Highlight: The district court's order removing a condition from the defendant's criminal judgment that required money from his prison account to be applied to his child support obligations is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Ahmed 2025 ND 211 Highlight: Under N.D.C.C. § 62.1-01-01(3), a firearm means any weapon that will expel, or is readily capable of expelling, a projectile by the action of an explosive. |
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Wright, et al. v. Holmes 2025 ND 212 Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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Dukart, et al. v. Holmes 2025 ND 219 Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
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State v. Running Bear 2025 ND 210 Highlight: A jury verdict's criminal conviction for child abuse of a victim under six years of age is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Adoption of G.M.H. |
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State v. Hoff 2025 ND 215 Highlight: A defendant can waive his right to counsel either expressly, or through his conduct. |
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Estate of Lepp 2025 ND 216 Highlight: Probate law distinguishes between informal and formal proceedings and between unsupervised and supervised administration. |