New Opinions: Feb. 12, 2026 Thursday, February 12, 2026
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Rousseau v. Armstrong, et al. 2026 ND 31 Highlight: A party does not have a right to appeal if there is no final judgment or order under N.D.C.C. § 28-27-01. A dismissal for lack of personal jurisdiction is presumed to be without prejudice. |
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Interest of D.G. 2026 ND 37 Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved. |
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Interest of D.G. 2026 ND 37 Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved. |
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Haskell v. Grand Forks Public Schools 2026 ND 40 Highlight: An attorney at a public meeting explaining the legal position of a governing body did not waive the governing body's ability to enter an executive session. |
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State v. Landen 2026 ND 38 Highlight: A criminal judgment for a terrorizing conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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State v. Eggleston 2026 ND 41 Highlight: A criminal judgment entered after a jury convicted the defendant of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7). |
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Davis v. State 2026 ND 42 Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8). |
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Vetter v. Vetter, et al. 2026 ND 36 Highlight: Arguments that are not adequately articulated, supported, and briefed on appeal are not considered and are deemed waived. |
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State v. Eggleston 2026 ND 30 Highlight: To establish a due process violation based on pre-indictment delay, a defendant must demonstrate actual prejudice. Similarly, to establish a due process violation based upon the State's failure to preserve evidence, a defendant must demonstrate actual prejudice. When the State fails to preserve evidence that was at one point in the State's possession, a defendant must also present evidence of bad faith, meaning the State deliberately destroyed evidence with the intent to deprive the defense of information. Mere speculation that unpreserved evidence might have been exculpatory is not enough to show actual prejudice. |
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City of Dickinson v. Helgeson 2026 ND 34 Highlight: The failure to display a license plate under Dickinson Municipal Code § 58-705 constituted a noncriminal violation. |
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Rent Daddy's v. Gamel, et al. 2026 ND 33 Highlight: The district court's eviction judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7) and (8). |
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State v. Reese 2026 ND 39 Highlight: Under N.D.C.C. § 12.1-32-02.1(1)(a), a term of imprisonment must be imposed when, in the course of committing an offense, the offender threatens another with imminent bodily injury using, or through the use or means of, a firearm. |
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Kingstone v. Tedrow Kingstone 2026 ND 29 Highlight: A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination. |
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State v. Maher 2026 ND 35 Highlight: This Court will only vacate a district court's sentencing decision if the court acted outside statutorily prescribed limits or substantially relied on an impermissible factor. |
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Interest of S.M. 2026 ND 32 Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |