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New opinions: June 5, 2025 Thursday, June 5, 2025

Gum v. Muddy Boyz Drywall 2025 ND 111
Docket No.: 20250045
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification.

Kemp, et al. v. Kvislen, et al. 2025 ND 110
Docket No.: 20240356
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court judgment denying a petition for nonparent custody or visitation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gonzalez v. State 2025 ND 109
Docket No.: 20250019
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Generally, attacking an expired sentence is a moot argument. When the criminal judgment does not include a term of probation, the expired sentence does not continue to have collateral consequences. When a term of imprisonment has been completed, any additional credit for time served is academic and irrelevant. The Court does not render advisory opinions, and an appeal will be dismissed if the issues become moot or academic, leaving no actual controversy to be determined.

State v. Landsberger 2025 ND 108
Docket No.: 20240255
Filing Date: 6/5/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Jury instructions are fully reviewable on appeal and are reviewed as a whole to determine if they correctly and adequately inform the jury of the applicable law.

Jury instructions will not be reversed unless the instructions as a whole are erroneous, relate to a central subject in the case, and affect a substantial right of the accused.

Interest of M.K. 2025 ND 107
Docket No.: 20250140
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

State v. Lampert 2025 ND 106
Docket No.: 20240271
Filing Date: 6/5/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A jury's verdict was summarily affirmed under N.D.R.App.P. 35.1(a)(3). A district court's order was summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Weber v. Pennington 2025 ND 105
Docket No.: 20240323
Filing Date: 6/5/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: A party seeking modification of primary residential responsibility two years after entry of the prior order establishing primary residential responsibility must establish a prima facie case justifying modification.

A party must show a material change in circumstances and either a general decline in the condition of the child or that the material change has adversely affected the child.

A party moving for primary residential responsibility is entitled to an evidentiary hearing only if new facts have arisen since the prior order constituting a material change of circumstances, and if modification serves the best interests of the child.

Parents have a mutual responsibility to provide support for their children regardless of if the need arises during a parent's specified parenting time. A party must show a child has been adversely affected for there to be a material change in circumstances which warrants modification of the residential responsibility order.

Interest of C.B. 2025 ND 104
Docket No.: 20240350
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: A juvenile court order extending placement of a child in the custody and control of the Grand Forks County Human Service Zone for a period of twelve months after finding the child is a child in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Leingang 2025 ND 103
Docket No.: 20240243
Filing Date: 6/5/2025
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: Issues not raised at trial will not be addressed on appeal unless the alleged error rises to the level of obvious error under N.D.R.Crim.P. 52(b). To establish obvious error, the defendant has the burden to demonstrate plain error which affected his substantial rights. However, if a party fails to argue obvious error, it is difficult for this Court to conclude this burden has been satisfied and this Court need not address it further.

Under Rule 1004(a), N.D.R.Ev., an original is not required, and other evidence of the content of a writing, recording, or photograph is admissible if all the originals are lost or destroyed, and not by the proponent acting in bad faith.

Interest of C.B. 2025 ND 102
Docket No.: 20250112
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of M.B. 2025 ND 102
Docket No.: 20250113
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of D.B. 2025 ND 102
Docket No.: 20250111
Filing Date: 6/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).