New opinions: October 9, 2025 Thursday, October 9, 2025

Interest of Hoff 2025 ND 164
Docket No.: 20250016
Filing Date: 10/9/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: An order denying discharge from civil commitment as a sexually dangerous individual is reversed and remanded for further findings. A district court's order finding an individual remains a sexually dangerous individual must contain sufficient and specific factual findings to show the individual has serious difficulty controlling his behavior.

State v. Moen 2025 ND 163
Docket No.: 20250018
Filing Date: 10/9/2025
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: The Confrontation Clause provides two protections to criminal defendants: the right to physically face someone who testifies against them, and the right to cross-examine. Although the right to confront witnesses is of a constitutional magnitude, it is not absolute and, in appropriate cases, may bow to accommodate other legitimate interests in the criminal trial process.

North Dakota Century Code § 31-04-04.2 permits remote electronic testimony by children if testifying in front of a criminal defendant would traumatize a child in a manner impacting the child's ability to communicate.

A district court's findings of fact in preliminary proceedings of a criminal case will not be reversed if, after the conflicts in the testimony are resolved in favor of affirmance, there is sufficient competent evidence fairly capable of supporting the court's findings, and the decision is not contrary to the manifest weight of the evidence.

State v. Guthmiller 2025 ND 162
Docket No.: 20250085
Filing Date: 10/9/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: In criminal cases, errors not raised in the district court may be either forfeited errors or waived errors. Forfeiture is the failure to timely assert a right, while waiver is the intentional relinquishment of a right.

Although this Court may review forfeited errors for obvious error, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to waived errors.

Unchallenged jury instructions become the law of the case for purposes of assessing a claim about the sufficiency of the evidence.

Anderson v. Krueger 2025 ND 161
Docket No.: 20250078
Filing Date: 10/9/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Bahr, Douglas Alan

Highlight: A district court may enter a protection order when there has been a showing of actual or imminent domestic violence. A district court's finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous.

Domestic violence protection orders are civil in nature and governed by N.D.C.C. ch. 14-07.1. Criminal justification defenses under N.D.C.C. § 12.1-05-06 do not apply to civil domestic violence protection order proceedings.