New opinions: June 25, 2026 Thursday, June 25, 2026
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Interest of A.S.H. 2026 ND 123 Highlight: A juvenile court's denial of a motion to vacate an order finding Appellant in default is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of A.T.E. 2026 ND 123 Highlight: A juvenile court's denial of a motion to vacate an order finding Appellant in default is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of A.L. 2026 ND 123 Highlight: A juvenile court's denial of a motion to vacate an order finding Appellant in default is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Interest of A.L. 2026 ND 123 Highlight: A juvenile court's denial of a motion to vacate an order finding Appellant in default is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Smith Redman 2026 ND 121 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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Bjerke, et al. v. North Dakota Legislative Assembly, et al. 2026 ND 118 Highlight: Under N.D. Const. art. VI, § 2, the supreme court has authority to exercise original jurisdiction to issue, hear, and determine such original and remedial writs as may be necessary to properly exercise its jurisdiction. This authority is discretionary and cannot be invoked as a matter of right. |
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Hovey v. NDDOT 2026 ND 122 Highlight: The approved method for alcohol chemical testing requires a 20-minute wait after an invalidated test prior to a second test. The alcohol chemical testing process begins when the first step, the diagnostic test, is administered. |
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Friesz v. State 2026 ND 124 Highlight: A district court's judgment dismissing an application for postconviction relief on summary disposition is summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
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Danduran v. Eddy Cty. Zoning Bd., et al. 2026 ND 125 Highlight: The statutory appeal procedures in N.D.C.C. §§ 11-33-12 and 28-34-01 provide the exclusive means of judicial review for challenges to county zoning decisions. A party may not circumvent those procedures by bringing a separate action for declaratory or injunctive relief alleging procedural defects, public-comment violations, or conflicts of interest when those claims ultimately challenge the validity of the zoning decision itself. |
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Clooten v. Clooten, et al. 2026 ND 126 Highlight: A district court has broad discretion in making contempt decisions, and this Court reverses a contempt finding only for an abuse of discretion. Contempt includes the willful and inexcusable intent to disobey a court order. |
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McDermott v. State 2026 ND 127 Highlight: A district court's order and judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Boynton 2026 ND 120 Highlight: A district court must ascertain a factual basis under N.D.R.Crim.P. 11(b)(3) prior to accepting a guilty plea. The factual basis must provide facts to support all elements of the charged offense. |
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Sanchez v. State 2026 ND 128 Highlight: The denial of an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Rangeloff 2026 ND 117 Highlight: A criminal judgment for child neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Moos v. WSI 2026 ND 119 Highlight: Section 65-01-09, N.D.C.C., authorizes subrogation interests to Workforce Safety and Insurance when an injured employee recovers damages from a third party. In administrative workers' compensation proceedings, N.D.C.C. § 65-01-09 replaces the equitable doctrine of judicial estoppel. |
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Associated General Contractors of North Dakota, et al. v. City of West Fargo 2026 ND 129 Highlight: A case is moot when the occurrence of an event or the lapse of time has made it so there is no actual controversy and no effective relief a court to provide. Courts will determine a moot issue rather than dismiss an appeal if the controversy is one of great public interest. The public interest exception to mootness may apply when a claim involves a law facilitating scrupulous handling of government affairs. The public interest exception does not extend to issues that are particular to a specific locality. A dispute, although local, may affect the public interest when it implicates the scope of authority of public officials across the state. |
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State v. Pope 2026 ND 116 Highlight: The factual assertions in an affidavit of probable cause filed in a joined case whose charges were dismissed with prejudice are not an impermissible sentencing factor. |