New opinions: September 25, 2025 Thursday, September 25, 2025
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Diop v. Altepeter, et al. 2025 ND 160 Highlight: An appeal from an order finding the appellant in contempt of court in a divorce and parental responsibility action is dismissed as untimely. |
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Duchaine v. State 2025 ND 159 Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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State v. Pittsley 2025 ND 158 Highlight: A criminal judgment entered after a jury found the defendant guilty of child neglect is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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Interest of K.I.B. 2025 ND 157 Highlight: The State is an aggrieved party under N.D.C.C. § 27-20.2-26 and may appeal a juvenile court's ruling exempting a juvenile adjudicated delinquent as a sexual offender from registration as a sexual offender. |
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Goolsby v. Crosby 2025 ND 156 Highlight: A district court order denying a petition for a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Kraft v. State 2025 ND 155 |
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Kraft v. State 2025 ND 155 |
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State v. Benter 2025 ND 154 Highlight: In a criminal case, a defendant's notice of appeal must be filed with the clerk of the supreme court within 30 days after the entry of the judgment or order being appealed. The timely filing of a notice of appeal is mandatory and jurisdictional and cannot be waived by the appellate court. |
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State v. Grewe 2025 ND 153 Highlight: An appeal from a judgment of conviction in a criminal case was untimely where it was not filed within 30 days of the judgment of conviction and no motion to extend the time to file the notice of appeal was filed. The appeal from an order denying a N.D.R.Crim.P. 29 motion was not appealable in the absence of a timely appeal from the judgment of conviction. The appeal is dismissed in accord with State v. Jenkins, 339 N.W.2d 567 (N.D. 1983). |
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Campbell v. State 2025 ND 152 Highlight: Under the Strickland test, an applicant claiming ineffective assistance of counsel must prove two elements: (1) that their counsel's representation fell below an objective standard of reasonableness and (2) that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. |
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Interest of J.L. 2025 ND 151 Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of J.L. 2025 ND 151 Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of J.L. 2025 ND 151 Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of J.L. 2025 ND 151 Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Vasquez 2025 ND 150 Highlight: A criminal judgment for preventing arrest or discharge of other duties, driving while license is suspended, and failure to transfer title is summarily affirmed under N.D.R.App.P. 35.1(a)(8). |