New opinions: November 5, 2025 Wednesday, November 5, 2025
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State v. Cotton 2025 ND 191 Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means. |
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State v. Cotton 2025 ND 191 Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means. |
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State v. Cotton 2025 ND 191 Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means. |
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State v. Cotton 2025 ND 191 Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means. |
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State v. Wallette 2025 ND 190 Highlight: The Eighth Amendment to the United States Constitution and Article I, § 11 of the North Dakota Constitution respectively prohibit infliction of "cruel and unusual punishments" and "cruel or unusual punishments." A punishment in a non-capital case that is grossly disproportionate to the offense is cruel and unusual. The disproportionality principle is narrow. It forbids only extreme sentences. |
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Smith v. State 2025 ND 189 Highlight: An attorney's representation of a criminal defendant fell below an objective |
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State v. Miller 2025 ND 188 Highlight: Orders revoking probation and resentencing defendant for aggravated assault and violations of a domestic violence protection order are affirmed in part, reversed in part, and remanded. |
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State v. Miller 2025 ND 188 Highlight: Orders revoking probation and resentencing defendant for aggravated assault and violations of a domestic violence protection order are affirmed in part, reversed in part, and remanded. |
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Overton v. Overton 2025 ND 187 Highlight: Procedural due process does not require the district court to ensure incarcerated parties to civil litigation are present at hearings. |
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State v. Barrett 2025 ND 186 Highlight: A jury's question or request to view evidence during deliberations shall take place in open court, unless the defendant agrees otherwise. |
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State v. Watterud 2025 ND 185 Highlight: A victim's testimony about misconduct occurring over several years can be sufficient to support a conviction. |
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McMahon v. Sanford, et al. 2025 ND 184 Highlight: A professional negligence action against a physician, nurse, or hospital generally requires an expert affidavit. Generally, decisions to provide medication, refuse to provide medication, or discharge a patient are medical decisions requiring the expertise of medical professionals. |
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State v. Weber 2025 ND 183 Highlight: A party bears the burden to correctly label its motion as to inform the court of the relief sought. The district court did not err when it treated appellant's motion as a request for relief under N.D.R.Crim.P. 35(a) based on its label. |
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State v. Wilson 2025 ND 182 Highlight: A probationer's right to counsel does not arise from the Sixth Amendment but rather from North Dakota Rule of Criminal Procedure 32(f)(3)(A)(iii). Because of the statutory origin of a probationer's right to counsel at a revocation hearing, the full panoply of rights due a defendant in a criminal proceeding does not apply. |
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Interest of M.P. 2025 ND 181 Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of A.P. 2025 ND 181 Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of C.P. 2025 ND 181 Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |