Reller v. State 2026 ND 106
Docket No.: 20250419
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair
Highlight: A district court should summarily dismiss an application for postconviction relief only when the application demonstrates an impossibility of proving a claim upon which relief can be granted.
Following a motion for summary disposition of a postconviction relief application, an applicant must provide evidentiary support demonstrating an issue of material fact in order to defeat summary disposition.
A postconviction relief applicant asserting ineffective assistance of counsel must show: first, counsel's representation fell below an objective standard of reasonableness; and, second, counsel's deficient performance prejudiced the applicant.
Courts need not address both elements of the ineffective assistance of counsel test if one element is dispositive.
|
Highlight: The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.
An award of primary residential responsibility is a finding of fact reviewed under the clearly erroneous standard. A district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decision.
An award of parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests. Absent a reason for denying it, some form of extended summer parenting time with a fit
parent is routinely awarded if a child is old enough.
A district court must consider the Ruff-Fischer guidelines in equitably dividing the marital estate. A district court's distribution of marital property is reviewed as a finding of fact under a clearly erroneous standard.
Adverse rulings alone are not evidence of judicial bias or partiality. A change of judge may be ordered when a judge has an inability or unwillingness to follow the mandate on remand.
|
Craig v. State 2026 ND 104
Docket No.: 20260038
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
|
Porteus v. NDDOT 2026 ND 103
Docket No.: 20250450
Filing Date: 5/22/2026
Case Type: Appeal - Administrative - Department of Transportation
Author: Friese, Mark A.
Highlight: A district court judgment affirming the North Dakota Department of Transportation's decision to suspend driving privileges is affirmed.
The plain language of N.D.C.C. § 39-10-38(2) requires a driver to continuously signal an intention to turn for not less than 100 feet before the turn. Stopping at a stop sign or other traffic control device does not negate the duty to continuously signal for not less than 100 feet before turning.
|
State v. Busche 2026 ND 102
Docket No.: 20250409
Filing Date: 5/22/2026
Case Type: Appeal - Criminal - Disorderly Conduct
Author: Per Curiam
Highlight: A district court's criminal judgment is summarily affirmed under N.D.R.App.P.35.1(a)(3) and (7).
|
State v. Baker 2026 ND 101
Docket No.: 20250258
Filing Date: 5/22/2026
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.
Highlight: An objection is unnecessary to preserve a claim of illegal sentence imposed in a criminal judgment from which an appeal may be immediately taken.
A person cannot be punished multiple times for a single offense, but a person may be guilty of multiple counts of the same offense when the convictions arise from different acts.
A sentencing court cannot reduce a person's good time. The computation of good time credits is exclusively an administrative responsibility.
An inmate must be sentenced to a correctional facility for the facility administrator to grant the inmate good time credit under N.D.C.C. § 12-44.1-3
|
