Opinions

New Opinion: May 27

Wed, 27 May 2026 09:00:00 GMT

State v. Rademacher 2026 ND 107
Docket No.: 20250304
Filing Date: 5/27/2026
Case Type: Appeal - Criminal - Homicide
Author: Friese, Mark A.

Highlight: A sentencing court may impose a sentence of imprisonment if it finds there are aggravating factors to justify a departure from presumptive probation. Aggravating factors include the age and vulnerability of the victim, and whether the offender was in a position of responsibility or trust over the victim.

Whether aggravating factors apply under the presumptive probation statute, N.D.C.C. § 12.1-32-07.4, is a mixed question of law and fact.

The presumptive probation statute does not include a categorical exception for offenses involving a motor vehicle. The presumptive probation statute does not permit a district court to change the nature of an offense to which a defendant has pled guilty to, or been found guilty of, for sentencing purposes. Driving a motor vehicle alone does not establish "a position of responsibility or trust over the victim" under N.D.C.C. § 12.1-32-07.4(2)(b).

New Opinions: May 22, 2026

Fri, 22 May 2026 09:26:00 GMT

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.

Shively v. Shively 2026 ND 105
Docket No.: 20250374
Filing Date: 5/22/2026
Case Type: Appeal - Civil - Divorce
Author: McEvers, Lisa K. Fair

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

New opinion: May 15, 2026

Fri, 15 May 2026 09:09:00 GMT

State v. Wilson 2026 ND 100
Docket No.: 20250449
Filing Date: 5/15/2026
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court's criminal judgments are summarily affirmed in part under N.D.R.App.P. 35.1(a)(3) and summarily reversed in part under N.D.R.App.P. 35.1(b).

New opinions: May 7, 2026

Thu, 07 May 2026 09:09:00 GMT

State v. Leland, et al. 2026 ND 99
Docket No.: 20250328
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: North Dakota Century Code § 47-06-10 applies when a stream, "in forming itself a new arm divides itself and surrounds land" belonging to the owner of the shore. The statute provides no other condition.

North Dakota Century Code § 47-06-06 applies when land is carried away "to the opposite bank or to another part of the same bank," and it permits the land that was carried away to be reclaimed from "the owner of the land to which it has been united." It does not apply when land is not united with a bank.

Ownership of a government lot adjacent to navigable water does not extend beyond the water.

The doctrine of laches is limited when the government acts to protect the public's interest.

BEK Communications v. El-Dweek, et al. 2026 ND 98
Docket No.: 20260055
Filing Date: 5/7/2026
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Jensen, Jon J.

Highlight: When considering whether a failure to disclose information covered by North Dakota's journalist shield statute should be disclosed to prevent a miscarriage of justice, a district court does not abuse its discretion by ordering an in camera review of the information before determining whether a miscarriage of justice will occur, and can apply the balancing test set out in Grand Forks Herald v. District Court in and for Grand Forks County, 322 N.W.2d 850 (N.D. 1982), after conducting the in camera review and before ordering the disclosure of any
information.

Before ordering an in camera review of privileged or confidential information sought by a defendant in a criminal case, the district court should determine whether the "particularized showing" required by Ritchie v. Pennsylvania, 480 U.S. 39 (1987), has been met.

City of Bismarck v. Herrera 2026 ND 97
Docket No.: 20250312
Filing Date: 5/7/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Probable cause is not an element of a test refusal offense under N.D.C.C. § 39-08-01. The existence of probable cause to arrest is a question of law subject to challenge in a pre-trial motion to suppress, rather than an issue of fact for a jury to decide.

In a case involving a test refusal offense, a defendant's refusal to submit to a preliminary breath test is admissible in evidence pursuant to N.D.C.C. § 39-20-14(3), when the defendant was arrested for a violation of N.D.C.C. § 39-08-01 or an equivalent municipal ordinance, and did not take any additional tests requested by a law enforcement officer.

Interest of Hoff 2026 ND 96
Docket No.: 20250456
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court's order continuing commitment of a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Hernandez 2026 ND 95
Docket No.: 20250370
Filing Date: 5/7/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Friese, Mark A.

Highlight: If a DUI arrestee, upon being asked to submit to a chemical test, affirmatively asks or expresses a need to consult an attorney, failure to allow a reasonable opportunity to contact an attorney is not an affirmative refusal.

An arrestee's conversational reference to an attorney without expressing a need to consult counsel is not an affirmative request and does not require a custodial officer to provide the arrestee an opportunity to consult with counsel.

Stokka v. Stokka, et al. 2026 ND 94
Docket No.: 20250298
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8). Double costs and fees are awarded.

Energy Transfer, et al. v. Gion, et al. 2026 ND 93
Docket No.: 20250341
Filing Date: 5/7/2026
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: A North Dakota district court has inherent equitable authority, preserved by the state constitution and statutes, to enjoin a person subject to its personal jurisdiction from prosecuting a duplicative or collateral proceeding in a foreign forum.

A court considering an antisuit injunction applies a three-step framework: (1) whether the parties and issues in the parallel actions are substantially similar; (2) whether equitable considerations—frustration of forum policy, vexatiousness, threats to the issuing court's jurisdiction, or other prejudice—favor an injunction; and (3) whether principles of international comity weigh against issuance. The substantial-similarity inquiry requires comparison of the elements the foreign
claim requires, not the labels parties or legislatures attach to it. International comity is a substantial factor weighing against issuance, but not a categorical bar.

The district court abused its discretion in denying an antisuit injunction by misapplying that framework—comparing only the labels of the foreign and domestic claims rather than the elements they require, and treating comity as inapplicable. Supervisory writ granted and remanded with directions to enter a narrowly tailored antisuit injunction.

Lepird Drywall v. Elite Flooring Installations 2026 ND 92
Docket No.: 20250333
Filing Date: 5/7/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: Whether an oral contract exists, the extent of its terms, and whether a party substantially performed are questions of fact reviewed under the clearly erroneous standard.

Whether a conversion has been committed is a finding of fact reviewed under the clearly erroneous standard, and the claimant bears the burden of proving conversion by a preponderance of the evidence.

Damages must be proved to a reasonable degree of certainty, and the mere assertion that damages exist is insufficient without a factual basis from which the fact finder can determine their amount.

Baumgartner v. NDDOT 2026 ND 91
Docket No.: 20260005
Filing Date: 5/7/2026
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a hearing officer's decision revoking driving privileges for 180 days is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

New opinions: April 22, 2026

Wed, 22 Apr 2026 09:09:00 GMT

Interest of W.S. 2026 ND 86
Docket No.: 20260060
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: In terminating parental rights, juvenile courts are not statutorily required to make specific findings on whether social services made reasonable efforts to reunify the family.

When the statutory elements to terminate parental rights are met, a juvenile court has discretion, but is not required, to terminate parental rights.

Interest of T.S. 2026 ND 86
Docket No.: 20260061
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Interest of L.S. 2026 ND 86
Docket No.: 20260062
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

State v. Narveson 2026 ND 89
Docket No.: 20250290
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of murder, terrorizing, and reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Keplin 2026 ND 84
Docket No.: 20250447
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Theft
Author: Bahr, Douglas Alan

Highlight: The State must prove restitution by a preponderance of the evidence, limited to damages directly related to the offense and sustained as a direct result of the defendant's conduct, requiring an immediate and intimate causal connection. Whether that connection exists is a question of fact, and the district court's findings will not be disturbed on appeal unless clearly erroneous.

A district court did not clearly err in ordering restitution for unrecovered jewelry and cash where the losses were directly related to and a direct result of the burglary. The State may establish the required causal connection through circumstantial evidence and reasonable inferences.

Interest of R.Y.W. 2026 ND 90
Docket No.: 20260091
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tracy 2026 ND 83
Docket No.: 20250455
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court's orders denying defendant's motion to partially restrict remote public access to criminal records and defendant's motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Brooks v. State 2026 ND 85
Docket No.: 20250426
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Interest of M.R.M.-B. 2026 ND 82
Docket No.: 20250158
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: While the Court generally will not consider issues not raised or adequately briefed by the parties, it is the Court's authority and obligation to identify and apply relevant statutes to legal controversies regardless of whether the parties have raised them.

While N.D.C.C. § 14-09.4-19 preserves the judicially recognized psychological parent doctrine outside the framework of the Uniform Nonparent Custody and Visitation Act, N.D.C.C. § 14-09.4-02(3) reflects a legislative policy choice to bar nonparents from seeking custody or visitation based solely on a foster parent relationship. Therefore, the Court declined to judicially extend the psychological parent doctrine to cover nonparents who seek custody or visitation with a child based solely on a foster parent relationship with the child.

A district court errs in awarding primary residential responsibility to former foster parents where their relationship with the child arose solely from the foster placement, as such a relationship is insufficient to establish psychological parent status under North Dakota law.

Sandness v. Smith, et al. 2026 ND 88
Docket No.: 20250251
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Tufte, Jerod E.

Highlight: An interim order is interlocutory and subject to revisions prior to a final order. Upon an appeal from a judgment, the Court may review any intermediate order or ruling which involves the merits and affects the judgment appearing upon the record. The Court does not render advisory opinions.

An order denying a motion for change of venue and a judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Ferderer v. NDDHHS 2026 ND 81
Docket No.: 20250335
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Eligibility requirements to participate in the Family Paid Caregiver Program constitute rules under N.D.C.C. § 28-32-01(12) because they are statements of general applicability implementing the law and directly affecting applicants' substantive rights.

The North Dakota Department of Health and Human Services improperly denied benefits under the Family Paid Caregiver Program by relying on eligibility requirements not promulgated as administrative rules in accordance with the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32.

A district court's order affirming the decision of the Department denying an application to participate in the Family Paid Caregiver Program is reversed and remanded.

Vollmer v. Hove 2026 ND 80
Docket No.: 20250347
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Contempt of Court
Author: Friese, Mark A.

Highlight: A district court has broad discretion to impose contempt sanctions and this Court's review of a contempt determination is very limited.

A district court did not abuse its discretion in holding a parent in contempt for failing to ensure compliance with a judgment's parenting plan.

State v. Reynolds 2026 ND 79
Docket No.: 20250380
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: The event triggering the deadline for dismissal of charges under N.D.C.C. § 12.1-04-08(2) is a finding that a defendant lacks fitness to proceed.

State v. Simpson 2026 ND 87
Docket No.: 20250165
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Attempted Murder
Author: McEvers, Lisa K. Fair

Highlight: An inconsistent verdict is one in which the jury has not followed the district court's instructions and the verdicts cannot be rationally reconciled.

Reconciliation of a verdict includes an examination of both the law and the case in order to determine whether the verdict is logical and probable, and therefore consistent, or illogical and clearly contrary to the evidence.

When a motion for a judgment of acquittal was made at trial on specified grounds that did not include the issue subsequently raised on appeal, the defendant does not preserve that issue for review.

The supreme court retains discretion to review unpreserved issues of insufficient evidence for obvious error. Under obvious-error review, the appellant has the burden to establish obvious error by showing: (1) error, (2) that is plain, and (3) that affects substantial rights.

Drake v. Drake 2026 ND 78
Docket No.: 20250445
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (8).

New opinions: April 9, 2026

Thu, 09 Apr 2026 09:09:00 GMT

Garcia v. State 2026 ND 77
Docket No.: 20250418
Filing Date: 4/9/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: The dismissal of an application for postconviction relief on the grounds that it was untimely and barred by the statute of limitations is summarily affirmed pursuant to N.D.R.App.P. 35.1(a)(2).

Interest of D.G. 2026 ND 76
Docket No.: 20250432
Filing Date: 4/9/2026
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.P. 35.1(a)(2).

Interest of D.G. 2026 ND 76
Docket No.: 20250433
Filing Date: 4/9/2026
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.P. 35.1(a)(2).

State v. Barse 2026 ND 75
Docket No.: 20250260
Filing Date: 4/9/2026
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A defendant must be awarded credit for time served in custody on that charge but is not entitled to credit for time served on wholly unrelated charges.

The defendant bears the burden of proving he is entitled to additional credit for time served in custody.

Conica v. State 2026 ND 74
Docket No.: 20250417
Filing Date: 4/9/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Romanyshyn 2026 ND 73
Docket No.: 20250295
Filing Date: 4/9/2026
Case Type: Appeal - Criminal - Protection/Restraining Order
Author: Bahr, Douglas Alan

Highlight: When a motion to dismiss presents a pure question of law, it is not necessary for the district court to make factual findings to support its decision.

Independent judicial research on a legal question does not implicate the judicial notice requirements of N.D.R.Ev. 201. Rule 201 is limited to judicial notice of adjudicative facts, not legal research.

Adams v. State 2026 ND 72
Docket No.: 20250337
Filing Date: 4/9/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: The district court's order and judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gjovig, et al. v. New Century Ag 2026 ND 71
Docket No.: 20250393
Filing Date: 4/9/2026
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A district court order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

New opinions: March 26, 2026

Thu, 26 Mar 2026 09:09:00 GMT

B.S., et al. v. Lopez-Rangel 2026 ND 70
Docket No.: 20250357
Filing Date: 3/26/2026
Case Type: Appeal - Civil - Protection/Restraining Order
Author: McEvers, Lisa K. Fair

Highlight: A district court's findings must be specifically detailed to explain the factual basis for its decision to include individuals as protected parties under domestic violence protection orders.

A district court abuses its discretion when it fails to sufficiently explain the court's rationale for the domestic violence protection order's duration.

Vormestrand v. Craig, et al. 2026 ND 69
Docket No.: 20250278
Filing Date: 3/26/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: McEvers, Lisa K. Fair

Highlight: The district court's decision on a new trial motion is reviewed under the abuse of discretion standard. A court abuses its discretion when it acts arbitrarily, unconscionably, or unreasonably, when its decision is not the product of a rational mental process leading to a reasoned determination, or when it misapplies or misinterprets the law. An abuse of discretion is never assumed; the burden is upon the party seeking relief to affirmatively establish it.

Even if evidence of domestic violence does not rise to the level triggering the rebuttable presumption against awarding perpetrating parent residential responsibility under N.D.C.C. § 14-09-06.2(1)(j), the evidence must be considered if it is credible.

A district court does not abuse its discretion by requiring a witness to testify from memory, without the assistance of notes, if the witness does not indicate a need for the notes, such as to refresh recollection.

Self-represented litigants are not granted relaxed judicial standards or greater judicial assistance than litigants represented by counsel.

When a dispositive motion fully resolves all pending claims, a district court need not address other pending motions that are rendered moot by that final disposition, regardless of when those motions were filed.

New opinions: March 12, 2026

Thu, 12 Mar 2026 09:09:00 GMT

State v. Cooper 2026 ND 68
Docket No.: 20250134
Filing Date: 3/12/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: An officer must administer the Miranda warning when a person is subject to custodial interrogation. A suspect is in custody when there is a formal arrest or restraint on the suspect's freedom of movement to the degree associated with
a formal arrest.

The "automobile exception" to the Fourth Amendment's warrant requirement allows law enforcement officers to search a vehicle for illegal contraband without a warrant upon establishing probable cause the vehicle contains contraband.

Allowing a drug-sniffing dog to sniff a vehicle is not a search within the meaning of the Fourth Amendment. A drug-sniffing dog indicating the presence of a controlled substance establishes probable cause.

Unrelated inquiries are permitted during a stop as long as they do not prolong the stop and extend the time the individual is detained. A stop may be prolonged only if the officer has reasonable suspicion to justify detaining the individual for inquiries unrelated to the stop.

Bauer, et al. v. Adam, et al. 2026 ND 67
Docket No.: 20250249
Filing Date: 3/12/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

For each issue, the appellant must cite to the record showing that the issue was preserved for review or state the grounds for seeking review of an issue not preserved.

Under N.D. Sup. Ct. Admin. R. 58(3)(a), the presiding judge, on the court's own motion, may designate a litigant as a vexatious litigant. Procedural safeguards are contained within N.D. Sup. Ct. Admin. R. 58 providing for a specific vexatious litigant definition, appropriate notice, requisite court findings, and the pre-filing order contents. The Court reviews an order finding a litigant vexatious for an abuse of discretion.

If an appeal is frivolous, the Court may award just damages and single or double costs, including reasonable attorney's fees.

New opinions: March 4, 2026

Wed, 04 Mar 2026 10:09:00 GMT

Marschner v. Marschner 2026 ND 66
Docket No.: 20250066
Filing Date: 3/4/2026
Case Type: Appeal - Civil - Divorce
Author: Tufte, Jerod E.

Highlight: Under the Uniformed Services Former Spouses' Protection Act 10, U.S.C. § 1408, as interpreted in Howell v. Howell, 581 U.S. 214 (2017), an indemnification provision requiring a veteran to compensate a former spouse for retirement pay
waived in favor of disability benefits is void and unenforceable, regardless of whether the parties agreed to it.

A district court's award of spousal support calculated to restore a former spouse's lost share of waived retirement pay is merely a semantic reframing of the prohibited division of disability pay and is preempted by federal law.

Interest of B.P. 2026 ND 65
Docket No.: 20260028
Filing Date: 3/4/2026
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.P. 35.1(a)(2) and (4).

New Opinions: Feb. 26, 2026

Thu, 26 Feb 2026 10:09:00 GMT

State v. Romanyshyn 2026 ND 62
Docket No.: 20250295
Filing Date: 2/26/2026
Case Type: Appeal - Criminal - Protection/Restraining Order
Author: Bahr, Douglas Alan

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney, and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court to correct the judgment to conform with the requirements of N.D.R.Crim.P. 11(a)(2).

Galpin v. Cantina Holdings, et al. 2026 ND 54
Docket No.: 20250254
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court judgment awarding an earnest money deposit to the seller and dismissing the buyers' counterclaims for declaratory judgment, breach of contract, unjust enrichment, and conversion is affirmed.

Several contracts relating to the same matters between the same parties and made as parts of substantially one transaction are to be taken together. N.D.C.C. § 9-07-07.

When part of a contract is drafted under the special directions of the parties and the remainder is copied from a standard form, the specially drafted part controls over the standard form language; if the two are absolutely repugnant, the form language must be disregarded. N.D.C.C. § 9-07-16.

When a contract contains conflicting provisions, the resulting uncertainty is construed against the party who drafted the contract. N.D.C.C. § 9-07-19.

The later-in-time principle, under which inconsistent provisions in a later contract supersede those in an earlier contract, does not apply where the earlier agreement is expressly incorporated into the later one. An argument that a party breached the obligation of good faith during contractfor-deed negotiations does not affect the disposition of earnest money that had already become non-refundable before the allegedly objectionable conduct occurred.

Rath v. Rath, et al. 2026 ND 55
Docket No.: 20250265
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Judgments amending parenting time and payment of child's medical expenses, and finding abusive litigation are summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Alber v. Rodin, et al. 2026 ND 58
Docket No.: 20250182
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Highlight: A losing party cannot, after a civil jury trial, raise the issues of sufficiency of the evidence or weight of the evidence for the first time on appeal.

Jury instructions are reviewed as a whole to determine if they fairly and adequately advise the jury of the law.

Inadequately briefed issues are not reviewed on appeal. Judges, whether trial or appellate, are not ferrets obligated to engage in unassisted searches of the record for evidence to support a litigant's position.

The district court has sole discretion under N.D.C.C. § 28-26-06(5), to award expert witness fees that are reasonable plus actual expenses.

Emme v. Emme, et al. 2026 ND 60
Docket No.: 20250277
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court's divorce judgment is summarily affirmed under N.D.R.App.P 35.1(a)(2), (4), and (7).

Kostelecky v. Erickson, et al. 2026 ND 61
Docket No.: 20250306
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: When exercising their discretion to impose sanctions, courts should consider the impact of the imposed sanction on innocent third parties.

While district courts retain broad authority to sanction discovery violations, that authority is necessarily constrained by the overriding obligation to consider all relevant evidence bearing on the child's best interests.

When a court imposes sanctions in a case involving residential responsibility and parenting time, the court must consider whether the sanction precludes the court from receiving evidence bearing on the child's best interests.

Under the facts of this case, the court abused its discretion by imposing an evidentiary sanction that barred a parent from presenting any evidence at a trial involving residential responsibility and parenting time.

Goetz v. Goetz, et al. 2026 ND 53
Docket No.: 20250193
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Divorce
Author: Tufte, Jerod E.

Highlight: District court did not clearly err in finding there was a material change in circumstances justifying modification of parenting time where parent with residential responsibility interfered with parenting time and was unwilling to accommodate reasonable exchange plans, the children and noncustodial parent desired to spend more time together, and the judgment contained uncertain exchange times, which caused conflict for the parties.

Under N.D.R.Ct. 8.13(a), the district court may conduct an in chambers interview of a child in a parenting time proceeding only if the parents consent.

Under N.D.C.C. § 14-09-06.3 and N.D.R.Ct. 8.6, the parenting investigator must file and serve her report before the evidentiary hearing, and must be available to testify at the hearing. A court abuses its discretion when it relies on the parenting investigator's report without having first provided the parties notice and an opportunity to cross-examine the parenting investigator on her report at the hearing.

Volker v. Nygaard, et al. 2026 ND 56
Docket No.: 20250309
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment is dismissed because the appeal was untimely. The court's amended judgment inserting the amount of costs awarded in the judgment did not toll the time to appeal.

State v. Vasquez 2026 ND 64
Docket No.: 20250314
Filing Date: 2/26/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The district court's amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Bobcat of Mandan v. Doosan Bobcat North America 2026 ND 63
Docket No.: 20250327
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A two-pronged test is used when determining whether an order is appealable. First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. § 28-27-02. If it does not, our inquiry need go no further and the appeal must be dismissed. If it does, then Rule 54(b), N.D.R.Civ.P., if applicable, must be complied with.

An "automatic stay" under N.D.C.C. § 51-07-01.1(3) is appealable under N.D.C.C. § 28-27-02(3).

The authority to issue a supervisory writ is discretionary and we decide whether to exercise our supervisory jurisdiction on a case-by-case basis.

Mohammed v. State 2026 ND 59
Docket No.: 20250331
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: When a court summarily dismisses an application before the State responds, the dismissal is treated as analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.

District courts may consider applications for postconviction relief discovered beyond the two-year statutory limitation if the petitioner alleges the existence of newly discovered evidence which would establish the petitioner did not engage
in the conduct for which petitioner was convicted.

When applications for postconviction relief assert newly discovered evidence under the exception to the statute of limitations, district courts must apply the four-prong test to determine if the evidence constitutes newly discovered evidence.

Meridian Property Management v. Cordie, et al. 2026 ND 52
Docket No.: 20250344
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Highlight: The lack of a remedy for a statutory violation does not, in and of itself, render a statute ambiguous. Instead, it signals an intent by the legislature for the courts to apply a prejudice standard to a statutory violation.

Kantola v. Kantola 2026 ND 57
Docket No.: 20250407
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The district court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

When requesting more than token attorney's fees under N.D.R.App.P. 38, the prevailing party should submit documentation of the expenses incurred on the appeal. Without such documentation, the Court may consider awarding a fixed
amount.

Bedgar v. Wilson, et al. 2026 ND 51
Docket No.: 20250389
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: An admission of nonpayment of some, if not all, claimed obligations owed under a judgment can be enough to support a contempt finding. Remedial sanctions for contempt cannot be broader than necessary to address the specific contemptuous conduct, that is, the sanctions must be compensation for actual losses caused by the contempt or have a nexus to either compelling future compliance.

New opinions: February 19, 2026

Thu, 19 Feb 2026 10:09:00 GMT

Nygaard v. Volker, et al. 2026 ND 50
Docket No.: 20250184
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A default judgment entered after the district court dismissed the answer and counterclaim as a discovery sanction is affirmed.

When a party fails to properly raise an issue or argument before the district court, it may not do so for the first time on appeal.

Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment. When a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment.

Klebe v. Klebe 2026 ND 49
Docket No.: 20250362
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court may determine a child support obligation based on earning capacity rather than earnings history.

The presiding judge of the judicial district, not the judge sought to be disqualified, determines the validity and timeliness of a demand for change of judge under N.D.C.C. § 29-15-21. However, when a demand for change of judge is untimely filed under N.D.C.C. § 29-15-21(2), the error in having the wrong judge rule on the demand is harmless under N.D.R.Civ.P. 61.

State v. Davis 2026 ND 48
Docket No.: 20250311
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: The Court will not consider an argument under obvious error review unless the appellant briefs the issue under the obvious error standard of review.

The district court did not abuse its discretion in admitting evidence of a prior conviction that was an element of the charged offense.

Christianson v. Grand Forks Public School District 2026 ND 47
Docket No.: 20250329
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A party's failure to comply with the contractual requirements can waive the party's ability to enforce the contractual requirements.

A teacher's separate contract for work performed outside the regular school day, that provides separate pay and different responsibilities from the duties of their teaching contract, is extracurricular.

Adoption of K.J.K. 2026 ND 46
Docket No.: 20250252
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Adoption
Author: Crothers, Daniel John

Highlight: A district court's findings in adoption cases are reviewed under the clearly erroneous standard.

A district court's denial of an adoption petition is reviewed for an abuse of discretion.

The district court found "red flags" surrounded the adoption, and finding adoption was not in K.J.K.'s best interest was not clearly erroneous.

The court did not abuse its discretion in denying the adoption petition.

State v. Medina 2026 ND 45
Docket No.: 20250178
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect individuals against unreasonable searches and seizures.

When an individual reasonably expects privacy in an area, the government, under the Fourth Amendment, must obtain a search warrant unless the intrusion falls within a recognized exception to the warrant requirement.

One exception to the warrant requirement is the automobile exception. Under the automobile exception, law enforcement may search for illegal contraband without a warrant when probable cause exists.

Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place.

Probable cause demands not that an officer be sure or certain but only that the facts available to a reasonably cautious man would warrant a belief that certain items may be contraband or stolen property or useful as evidence of a crime.

A police officer may draw inferences based on his own experience in deciding whether probable cause exists.

Interest of M.S.H. 2026 ND 44
Docket No.: 20250421
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. An order, which is complete, which if final, and which does not anticipate or direct further action, is appealable. Absent a timely appeal or retention of custody of the child, an order terminating parental rights may not be questioned by any person, including the petitioner, in any manner, or upon any ground.

Interest of P.S.H. 2026 ND 44
Docket No.: 20250422
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Interest of W.J. 2026 ND 43
Docket No.: 20250458
Filing Date: 2/19/2026
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.P. 35.1(a)(2) and (4).

New Opinions: Feb. 12, 2026

Thu, 12 Feb 2026 10:09:00 GMT

Rousseau v. Armstrong, et al. 2026 ND 31
Docket No.: 20250336
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Injunction
Author: Jensen, Jon J.

Highlight: A party does not have a right to appeal if there is no final judgment or order under N.D.C.C. § 28-27-01. A dismissal for lack of personal jurisdiction is presumed to be without prejudice.

Interest of D.G. 2026 ND 37
Docket No.: 20250432
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved.

To determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved.

Interest of D.G. 2026 ND 37
Docket No.: 20250433
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Haskell v. Grand Forks Public Schools 2026 ND 40
Docket No.: 20250275
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An attorney at a public meeting explaining the legal position of a governing body did not waive the governing body's ability to enter an executive session.

A governing body can discuss the value requested by an adverse party without waiving the ability to discuss other adverse fiscal impacts in an executive session.

A party seeking disclosure of records withheld as exempt from open records laws does not have a due process right to participate in an in camera review or to access the records for the purpose of fully arguing why the party should have
access to them.

A district court abuses its discretion if it grants a public entity summary judgment dismissal of an open meetings violation claim without reviewing in camera the short executive session recording that the public entity claims is exempt from disclosure under the attorney consultation exemption.

State v. Landen 2026 ND 38
Docket No.: 20250305
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair

Highlight: A criminal judgment for a terrorizing conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Eggleston 2026 ND 41
Docket No.: 20250291
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Davis v. State 2026 ND 42
Docket No.: 20250319
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).

Vetter v. Vetter, et al. 2026 ND 36
Docket No.: 20250339
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: McEvers, Lisa K. Fair

Highlight: Arguments that are not adequately articulated, supported, and briefed on appeal are not considered and are deemed waived.

Parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests and that it is not merely a privilege of the parent, but a right of the child.

Parenting time should be restricted only upon a showing by a preponderance of the evidence that unrestricted parenting time is likely to endanger the child's physical or emotional health.

State v. Eggleston 2026 ND 30
Docket No.: 20250292
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: To establish a due process violation based on pre-indictment delay, a defendant must demonstrate actual prejudice. Similarly, to establish a due process violation based upon the State's failure to preserve evidence, a defendant must demonstrate actual prejudice. When the State fails to preserve evidence that was at one point in the State's possession, a defendant must also present evidence of bad faith, meaning the State deliberately destroyed evidence with the intent to deprive the defense of information. Mere speculation that unpreserved evidence might have been exculpatory is not enough to show actual prejudice.

City of Dickinson v. Helgeson 2026 ND 34
Docket No.: 20250340
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The failure to display a license plate under Dickinson Municipal Code § 58-705 constituted a noncriminal violation.

The district court order did not clearly err in designating the defendant a vexatious litigant.

The required findings, filings, and notices for identification of a vexatious litigant provide sufficient procedural safeguards to prevent constitutional violations.

The citation to non-existent cases in an appellate brief is a violation of N.D.R.App.P. 28(l), which exposes the filing party to the imposition of sanctions for their misconduct.

Rent Daddy's v. Gamel, et al. 2026 ND 33
Docket No.: 20250408
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Eviction
Author: Per Curiam

Highlight: The district court's eviction judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7) and (8).

State v. Reese 2026 ND 39
Docket No.: 20250161
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 12.1-32-02.1(1)(a), a term of imprisonment must be imposed when, in the course of committing an offense, the offender threatens another with imminent bodily injury using, or through the use or means of, a firearm.

Kingstone v. Tedrow Kingstone 2026 ND 29
Docket No.: 20250346
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination.

The mandate rule does not permit a party to relitigate issues which were resolved in a first appeal, and requires a district court to follow the pronouncements of an appellate court within the limits of a remand.

State v. Maher 2026 ND 35
Docket No.: 20250198
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair

Highlight: This Court will only vacate a district court's sentencing decision if the court acted outside statutorily prescribed limits or substantially relied on an impermissible factor.

A district court may tailor probation conditions to each case's particular facts and circumstances as long as the conditions are reasonably necessary to ensure the defendant will lead a law-abiding life or to assist the defendant to do so.

The constitutional right to parent is not without limits. Courts may impose sentences that may conflict with a parenting order when imposing such sentence serves other penological interests.

Interest of S.M. 2026 ND 32
Docket No.: 20260006
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

New opinions: February 5, 2026

Thu, 05 Feb 2026 10:09:00 GMT

Garaas, et al. v. NDIC, et al. 2026 ND 25
Docket No.: 20250109
Filing Date: 2/5/2026
Case Type: Appeal - Administrative - Industrial Commission
Author: Crothers, Daniel John

Highlight: NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit.

NDIC failed to regularly pursue its authority when issuing the order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit because it failed to modify the existing pooling orders under N.D.C.C. § 38-08-07, and failed to follow statutory procedures.

An NDIC order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit is vacated.

UND v. Whelan, et al. 2026 ND 19
Docket No.: 20250286
Filing Date: 2/5/2026
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim.

A claim for unjust enrichment may be grounded in contract or tort law. Whether a claim for unjust enrichment sounds in tort or contract depends upon the factual basis underlying the claim. When the unjust enrichment allegations are predicated on tortious conduct, such as misrepresentation or fraud, the claim is properly characterized as one arising in tort.

Fargo Maple View v. Lofthus, et al. 2026 ND 26
Docket No.: 20250282
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: A district court's order denying a motion to change venue is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Holzworth v. Ortega Rivera, et al. 2026 ND 24
Docket No.: 20250293
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court judgment awarding joint and equal residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of J.C. 2026 ND 28
Docket No.: 20250378
Filing Date: 2/5/2026
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.P. 35.1(a)(2) and (4).

Interest of S.C.Y. 2026 ND 28
Docket No.: 20250379
Filing Date: 2/5/2026
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.P. 35.1(a)(2) and (4).

State v. Torres-Sosa 2026 ND 22
Docket No.: 20250228
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Hughes v. Waters 2026 ND 20
Docket No.: 20250364
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Jensen, Jon J.

Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d).

Adoption of M.L.P. 2026 ND 21
Docket No.: 20250390
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Adoption
Author: Per Curiam

Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Interest of M.M. 2026 ND 27
Docket No.: 20250430
Filing Date: 2/5/2026
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.P. 35.1(a)(2) and (4).

State v. Haskins 2026 ND 23
Docket No.: 20250091
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy.

Courts have no duty under Rule 11 to inquire about or rule out potential affirmative defenses before accepting a guilty plea. A guilty plea generally waives all non-jurisdictional claims and defenses, including constitutional, procedural, and statutory defenses.

Rule 11(b)(3) requires the court to determine a factual basis exists before entering judgment on a guilty plea. The factual basis must satisfy all elements of the charged crime and be sufficiently precise and specific on the record.

Even when a Rule 11 violation constitutes obvious error, the defendant must demonstrate the error affected substantial rights.

A sentence within the statutory range and the range contemplated in the plea agreement is generally not grossly disproportionate under Eighth Amendment analysis.

New Opinions: Jan. 29, 2026

Thu, 29 Jan 2026 10:34:00 GMT

State v. Vasquez 2026 ND 9
Docket No.: 20250314
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Bahr, Douglas Alan

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney, and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court's determination whether the plea was conditional and, if so, entry of an order and judgment consistent with the requirements of N.D.R.Crim.P. 11(a)(2).

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250439
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250440
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Not Available

Highlight: Lawyer disbarred.

Cull v. Cull 2026 ND 10
Docket No.: 20250303
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: The use of extended family members for childcare does not amount to a material change in circumstances unless it can be shown the arrangement has a detrimental effect on the children.

A moving party must present competent evidence establishing a causal connection between alleged problems and the other parent's parenting. Merely alleging without support that problems stem from the other parent's parenting style is insufficient to establish a material change of circumstances.

An isolated incident does not automatically mandate a finding of material change in circumstances, even when the incident involves potential endangerment to a child's physical or mental health.

State v. Lais 2026 ND 12
Docket No.: 20250231
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Olson 2026 ND 8
Docket No.: 20250264
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Bahr, Douglas Alan

Highlight: Appellate briefs must include references to the record and must cite to the record showing that issues were preserved for review. This Court will not consider arguments that are not adequately articulated, supported, and briefed, and will not engage in unassisted searches of the record for evidence to support a party's position.

An information may be amended any time before verdict if no additional or different offense is charged. An amendment expanding the date range of an alleged offense does not constitute charging a different or additional offense when the essential elements remain unchanged.

Section 12.1-02-02(2), N.D.C.C., is only applicable to Title 12.1, and the willful culpability level will not be read into other chapters unless the legislature specifically states as such.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250441
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250442
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Not Available

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250443
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Not Available

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250444
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Not Available

Highlight: Lawyer disbarred.

Johnson v. State 2026 ND 15
Docket No.: 20250287
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Sanderson v. Cole 2026 ND 16
Docket No.: 20250288
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court.

Rule 3, N.D.R.Civ.P., differs from Fed.R.Civ.P. 3, which requires filing of a complaint to commence an action.

Under N.D.R.Civ.P. 5, unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. Failure to file proof that the initiating pleading was filed is
subject to N.D.R.Civ.P. 61 harmless error analysis.

Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken in accordance with their official duties.

Prosecuting attorneys are considered quasi-judicial officers entitled to absolute immunity granted judges when their activities are intimately associated with the judicial phase of the criminal process.

The prevailing party of a frivolous action shall be awarded attorney's fees under N.D.C.C. § 28-26-01(2).

Williamson v. State 2026 ND 14
Docket No.: 20250365
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Luetzen 2026 ND 13
Docket No.: 20250223
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Individuals who have been convicted of certain felony offenses are prohibited from owning a firearm or having one in possession. Under N.D.C.C. § 62.1-01-01(11), to obtain a conviction based on constructive possession, the State must prove the person had the power and intention to exercise control. Actual possession, on the other hand, may be proven by establishing direct physical control. The offense is no longer exclusively a strict liability offense, but it also does not always require proof of intent.

Under N.D.C.C. § 62.1-01-01(3), a "firearm" is defined as any device that expels or is readily capable of expelling a projectile by the action of an explosive. This definition requires the State to prove a gun is functional. Direct evidence is not required; functionality may be proved by the surrounding facts and circumstances, including testimony from lay witnesses. Caselaw has not established a clear or obvious legal rule as to what constitutes sufficient evidence to prove a handgun is able to expel or readily capable of expelling a projectile.

State v. Golberg 2026 ND 11
Docket No.: 20250224
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. The location of a home's threshold is not always clear. Police may not enter a private enclosed entrance when there is a more direct alternative access designated for public use. An enclosed area may sometimes be the most direct access to a home's threshold and designated for public use.

New Opinions: Jan. 15, 2026

Thu, 15 Jan 2026 10:09:00 GMT

State v. Krall 2026 ND 7
Docket No.: 20240233
Filing Date: 1/15/2026
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: In an appeal challenging the sufficiency of the evidence, we look only to the evidence and reasonable inferences most favorable to the verdict to ascertain if there is substantial evidence to warrant the conviction.

A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt.

A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt. A verdict based on circumstantial evidence carries the same presumption of correctness as other verdicts.

Jury instructions are reviewed as a whole to determine if they correctly and adequately inform the jury. Selecting and considering only a part of the instructions is not proper.

An error in a jury instruction provides grounds for reversal only when the instructions as a whole are erroneous, relate to a central subject in the case, and affect the defendant's substantial right.

Ziemann v. Grosz 2026 ND 6
Docket No.: 20250164
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: The mandate rule, a more specific application of law of the case, requires the district 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 appellate court retains authority to decide whether the district court on remand fully carried out terms of its mandate.

Gum v. Muddy Boyz Drywall 2026 ND 5
Docket No.: 20250324
Filing Date: 1/15/2026
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.

Weigel, et al. v. Albertson 2026 ND 4
Docket No.: 20250342
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An order from a district court granting a motion to disqualify an attorney is not appealable under N.D.C.C. § 28-27-02(3) or the collateral order doctrine.

Supervisory jurisdiction may be exercised to review an order granting a motion to disqualify an attorney because a civil litigant has a protected interest in counsel of the litigant's choice, and an appeal from a final judgment is not an adequate remedy for erroneous disqualification.

When a district court finds a lawyer-client relationship between an attorney and a company based on objective manifestations, including providing legal advice to the company's officers and employees, the district court does not abuse its discretion in disqualifying the attorney under N.D.R. Prof. Conduct 1.7(a)(1) if the attorney represents clients on both sides of the litigation.

A district court commits legal error by concluding an attorney has a lawyer-client relationship with a company solely because the attorney signed and prosecuted derivative claims brought by a shareholder on behalf of the company.

An error is harmless if it does not affect the outcome of the case or a party's substantial rights.

Rangel v. State 2026 ND 3
Docket No.: 20250281
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order granting a motion for summary disposition of postconviction relief applications is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Mogren 2026 ND 2
Docket No.: 20250266
Filing Date: 1/15/2026
Case Type: Appeal - Criminal - Other
Author: Tufte, Jerod E.

Highlight: When a container has been previously opened by a government agent under lawful authority, and there is no substantial likelihood its contents have changed, a warrantless search of that container by law enforcement does not violate the
Fourth Amendment of the United States Constitution or Article I, Section 8 of the North Dakota Constitution.

Law enforcement officers are legally present in a home when the occupant consents to their entry

Pederson v. State 2026 ND 1
Docket No.: 20250208
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Ineffective assistance of counsel claims ordinarily are unsuited for summary disposition and denial without an evidentiary hearing.

Summary disposition of an applicant's ineffective assistance of counsel claims is error when the State does not move for summary disposition and instead requests a hearing on the claims.

A court's subject matter jurisdiction can be challenged at any stage of the proceedings, including during postconviction relief.

A judge presented with a motion for disqualification must determine whether a reasonable person could, on the basis of all the facts, reasonably question the judge's impartiality.

New Opinions: December 31, 2025

Wed, 31 Dec 2025 10:13:00 GMT

State v. Medina 2025 ND 234
Docket No.: 20250178
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court's determination whether the plea was conditional and, if so, entry of an order and judgment consistent with the requirements of N.D.R.Crim.P. 11(a)(2).

State v. Lawrence 2025 ND 237
Docket No.: 20250299
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: A district court order denying a petition to return forfeited bail is affirmed.

Bohe v. State 2025 ND 232
Docket No.: 20250285
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) & (4).

City of Williston v. Bauer 2025 ND 231
Docket No.: 20250216
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Disorderly Conduct
Author: Crothers, Daniel John

Highlight: The order denying the defendant's motion for recovery of attorney's fees and costs, brought in a criminal case after acquittal, is affirmed.

State v. Solis 2025 ND 233
Docket No.: 20250247
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A district court did not abuse its discretion by requiring registration as a sex offender.

Under N.D.C.C. § 12.1-32-15(2)(b), a court may deviate from the registration requirement if the court makes findings on the specified criteria. The court is not required to make the findings unless it first exercises its discretion to deviate
from the registration requirement.

State v. Jenkins 2025 ND 229
Docket No.: 20250308
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: This Court lacks jurisdiction to review untimely appeals.

Inadequately briefed issues are waived.

Markestad v. Markestad, et al. 2025 ND 230
Docket No.: 20250220
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: McEvers, Lisa K. Fair

Highlight: The district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions.

Under the clearly erroneous standard of review, we do not reweigh the evidence or reassess the credibility of witnesses, and we will not retry a custody case or substitute our judgment for the district court's decision merely because we might have reached a different result. A fit non-custodial parent is routinely awarded some form of extended summer visitation unless the court has reason to deny it.

Appellate courts review the record and findings as a whole and if the controlling findings are supported by the evidence, they will be upheld on appeal notwithstanding immaterial misstatements in the lower court's decision.

A party is not entitled to attorney's fees on appeal if the issue is inadequately briefed or the appeal is not frivolous

Wardner v. Porath, et al. 2025 ND 228
Docket No.: 20250256
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: A district court has jurisdiction to modify a foreign custody determination, including visitation orders, when the child's home state is North Dakota and the child and parents no longer reside in the issuing jurisdiction.

Appellate courts have the authority and duty to determine the applicability of relevant statutes to legal controversies, even when the parties do not identify those statutes or argue for their application.

When a parent seeks to modify an existing nonparent visitation order, the court must apply the modification standards under the Uniform Nonparent Custody and Visitation Act.

When modifying an order granting nonparent visitation, the court must determine whether the nonparent rebutted in the initial proceeding the presumption that the parent's decision regarding visitation is in the child's best interest. If the nonparent rebutted the presumption in the initial proceeding, the presumption remains rebutted.

Tischmak v. Theurer, et al. 2025 ND 235
Docket No.: 20250059
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The task of weighing the evidence and judging the credibility of witnesses
belongs to the trier of fact, and this Court does not reweigh credibility or resolve conflicts in the evidence.

Geiger v. State 2025 ND 227
Docket No.: 20250236
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

White Bird v. State 2025 ND 236
Docket No.: 20250217
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Duffi v. State 2025 ND 226
Docket No.: 20250230
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

New opinions: December 18, 2025

Thu, 18 Dec 2025 15:40:00 GMT

Interest of J.C. 2025 ND 217
Docket No.: 20250378
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Interest of S.C.Y. 2025 ND 217
Docket No.: 20250379
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Adoption of G.M.H. 2025 ND 208
Docket No.: 20250376
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Adoption
Author: Bahr, Douglas Alan

Highlight: District courts have discretion to terminate parental rights based on abandonment by evaluating whether a noncustodial parent failed to communicate with or support their child without justifiable cause. Courts must assess the specific facts of each case to determine if the parent's lack of contact and care was justified by the circumstances or represented an unjustified failure to maintain the parent-child relationship.

An as-applied constitutional challenge that merely disagrees with how the court weighed the evidence does not demonstrate the statute was applied unconstitutionally.

State v. Gaede 2025 ND 223
Docket No.: 20250313
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: An order denying a North Dakota Rule of Criminal Procedure 35(a) motion to correct an illegal sentence is summarily affirmed under North Dakota Rule of Appellate Procedure 35.1(a)(7).

Mollner v. State 2025 ND 218
Docket No.: 20250229
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Thornberg v. Thornberg, et al. 2025 ND 221
Docket No.: 20250203
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: The district court's order holding the appellant in contempt of court for interfering with the appellee's parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

The district court's orders awarding compensatory parenting time and attorney's fees to the appellee are affirmed.

The appellee's motion for attorney's fees on appeal is denied.

Interest of G.S. 2025 ND 214
Docket No.: 20250394
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Interest of A.S. 2025 ND 214
Docket No.: 20250395
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Myrick, et al. v. Holmes 2025 ND 225
Docket No.: 20250199
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: An appeal from a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Matter of William C. Hansen and Verna Hansen Trust 2025 ND 220
Docket No.: 20250206
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: North Dakota Century Code § 59-14-02(5) governs whether an agent acting under a power of attorney has authority to amend a trust. It permits amendments "only to the extent expressly authorized by the terms of the trust or the power, exercised in writing and delivered to the trustee." Under N.D.C.C. § 59-19-02(1)(b), the express authorization requirement applies "to all judicial proceedings concerning trusts which are commenced after July 31, 2007." The word "express" means clearly and unmistakably communicated; stated with directness and clarity. Express authority cannot be implied from general provisions.

State v. Jaeger 2025 ND 222
Docket No.: 20250195
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: Pursuant to N.D.R.Crim.P. 36, a district court has authority to correct a clerical error in a written order that inaccurately states the court's oral pronouncement of sentence when the correction does not make the sentence more onerous than
the original sentence, but merely corrects the written order's failure to record accurately an earlier unambiguous oral pronouncement.

The failure to appoint a criminal defendant counsel to respond to a Rule 36 motion to correct a clerical error in a probation revocation proceeding does not violate the defendant's constitutional right to counsel because the process of
probation revocation is not a critical stage of a criminal prosecution.

Kolstad v. Claussen 2025 ND 213
Docket No.: 20250192
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Tufte, Jerod E.

Highlight: The district court must state its findings of fact with sufficient specificity to enable a reviewing court to understand the factual basis for its decisions. A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review.

Under the clearly erroneous standard, the Court does not reweigh evidence or reassess witness credibility. The district court did not clearly err in finding a parent did not change employment to reduce his child support obligation, but rather to parent his children.

Fairville Township v. Wells Cty. Water Resource District 2025 ND 209
Docket No.: 20250255
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Section 61-16.1-51, N.D.C.C., does not authorize water resource boards to assess their costs against governing bodies not acting as a landowner.

State v. Hamilton 2025 ND 224
Docket No.: 20250307
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The district court's order removing a condition from the defendant's criminal judgment that required money from his prison account to be applied to his child support obligations is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Ahmed 2025 ND 211
Docket No.: 20250188
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Bahr, Douglas Alan

Highlight: Under N.D.C.C. § 62.1-01-01(3), a firearm means any weapon that will expel, or is readily capable of expelling, a projectile by the action of an explosive.

The State can rely on the surrounding facts and circumstances, including testimony from lay witnesses, to prove a weapon is a "dangerous weapon" or "firearm" as defined in N.D.C.C. § 62.1-01-01(3).

Wright, et al. v. Holmes 2025 ND 212
Docket No.: 20250179
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Dukart, et al. v. Holmes 2025 ND 219
Docket No.: 20250151
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

State v. Running Bear 2025 ND 210
Docket No.: 20250138
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Per Curiam

Highlight: A jury verdict's criminal conviction for child abuse of a victim under six years of age is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Adoption of G.M.H.
Docket No.: 20250376
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Adoption
Author: Bahr, Douglas Alan

State v. Hoff 2025 ND 215
Docket No.: 20240354
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A defendant can waive his right to counsel either expressly, or through his conduct.

A waiver of the right to counsel must be knowingly and intelligently made. This requires the defendant be advised of the dangers and difficulties of self-representation.

Estate of Lepp 2025 ND 216
Docket No.: 20240310
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Probate law distinguishes between informal and formal proceedings and between unsupervised and supervised administration.

An appeal of multiple orders in an unsupervised probate is dismissed without N.D.R.Civ.P. 54(b) certification or resolution of all claims by and against a party.

This Court generally will not consider an appeal in a multi-claim or multi-party action that disposes of fewer than all claims against all of the parties unless the district court has first independently assessed the case and determined a certification under N.D.R.Civ.P. 54(b) is appropriate.

Even in an unsupervised probate, the existence of unresolved claims by or against a party prevents immediate appellate review without N.D.R.Civ.P. 54(b) certification.

New Opinions: December 4, 2025

Thu, 04 Dec 2025 15:40:00 GMT

Interest of B.L.H. 2025 ND 207
Docket No.: 20250397
Filing Date: 12/4/2025
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order granting involuntary treatment with prescribed medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

MidFirst Bank v. Young, et al. 2025 ND 206
Docket No.: 20240266
Filing Date: 12/4/2025
Case Type: Appeal - Civil - Foreclosure
Author: Tufte, Jerod E.

Highlight: A mortgagor lacks standing to challenge a mortgage assignment between the assignor and assignee as a non-party to that transaction.

A district court abuses its discretion by denying a request for an audio recording without explanation.

Court transcripts carry a rebuttable presumption of accuracy.

A judge advising self-represented litigants to seek counsel does not establish judicial bias.

Harris v. State 2025 ND 205
Docket No.: 20250250
Filing Date: 12/4/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A plaintiff seeking postconviction relief is required to show but for counsel's errors, there is a reasonable probability the result at trial would have been different.

Inadequate briefing or support of an issue on appeal will prevent review.

State v. Martinez 2025 ND 204
Docket No.: 20250190
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - Terrorizing
Author: Bahr, Douglas Alan

Highlight: Under N.D.R.Crim.P. 24, a jury is not empaneled until all jurors, including any alternates, have been qualified, accepted, and sworn.

In a jury trial, jeopardy attaches when the jury is empaneled and sworn.

A court's replacement of a juror with an alternate juror does not generally implicate the Double Jeopardy Clause.

The district court does not abuse its discretion by replacing an empaneled juror with an alternate juror due to an association between a juror and a relative of the defendant.

Interest of A.D.-B. 2025 ND 203
Docket No.: 20250371
Filing Date: 12/4/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of M.D.-B. 2025 ND 203
Docket No.: 20250372
Filing Date: 12/4/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of C.B. 2025 ND 203
Docket No.: 20250373
Filing Date: 12/4/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Kalmio v. State 2025 ND 202
Docket No.: 20250259
Filing Date: 12/4/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying relief in a postconviction proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Bell 2025 ND 201
Docket No.: 20250092
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: When interpreting a statute, the primary goal is to determine the legislature's intent by looking to the statute's plain language and attempting to give each word, phrase, and sentence its ordinary meaning.

Statutes are construed as a whole and harmonized to give meaning to related provisions. The statutes' context and the purposes for which they are enacted are considered, in addition to the actual language, its connection with other clauses, and the words or expressions which obviously are by design omitted.

Chapter 39-20, N.D.C.C., addresses chemical tests for intoxication and implied consent for individuals who operate motor vehicles. Section 39-20-01, providing for implied consent for chemical tests, must be read in conjunction with section 39-20-01.1, addressing chemical tests of drivers in serious bodily injury or fatal crashes.

Warrantless searches are unreasonable unless they fall within a recognized exception to the warrant requirement. Consent is one exception to the warrant requirement, provided the consent is voluntary. A district court must determine whether the consent was voluntary under the totality of the circumstances.

State v. Lizotte 2025 ND 200
Docket No.: 20250226
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court order revoking probation and resentencing the defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Martinez
Docket No.: 20250191
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - Attempted Murder
Author: Bahr, Douglas Alan

New Opinion: November 21, 2025

Fri, 21 Nov 2025 21:48:00 GMT

Access Independent Health Services, Inc., d/b/a Red River Women's Clinic. et al. v. Wrigley, et al. 1 6.N.W3 d902
Docket No.: 20240291
Filing Date: 11/21/2025
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: A sufficient majority was not reached to declare unconstitutional N.D.C.C. ch. 12.1-19.1, which criminalizes abortion with exceptions. The effect of the separate opinions is that a district court judgment declaring N.D.C.C. ch. 12.119.1 unconstitutional and void is reversed.

New opinions: November 20, 2025

Thu, 20 Nov 2025 10:09:00 GMT

Johnson v. Staiger 2025 ND 198
Docket No.: 20250048
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: District courts may properly consider a parent's alcohol abuse and act of driving under the influence when determining whether a material change of circumstances exists. However, our cases do not show an isolated incident of a parent driving under the influence automatically mandates a finding of a material change of circumstances.

A party may not challenge prior unappealed parenting time requirements in an appeal of a subsequent order modifying parenting time.

Under N.D.R.Ct. 3.2(a)(2), a district court errs in not allowing a party the opportunity to file a reply brief; however, a court may remedy the premature issuance of an order by subsequently reviewing a timely submitted reply brief to determine whether it impacts the court's decision.

A district court does not abuse its discretion by denying a motion under N.D.R.Civ.P. 60(b) when the movant does not identify or argue a specific ground for relief under N.D.R.Civ.P. 60(b).

State v. Vetter 2025 ND 197
Docket No.: 20250149
Filing Date: 11/20/2025
Case Type: Appeal - Criminal - Disorderly Conduct
Author: McEvers, Lisa K. Fair

Highlight: Issues not raised or considered in the district court, including claims of constitutionally protected activity, cannot be raised for the first time on appeal, unless the issue rises to the level of obvious error. It is the defendant's burden to show an obvious error that affects a substantial right, and the discretion to notice obvious error need not be exercised when obvious error is not raised on appeal.

Tumultuous behavior may include conduct that is loud, noisy, or creates a disorderly commotion.

Diop v. Altepeter, et al. 2025 ND 196
Docket No.: 20250209
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: An order denying Altepeter's motion to amend parenting time provisions in a divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Clemenson v. Clemenson, et al. 2025 ND 195
Docket No.: 20250097
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: The domestic violence factor in N.D.C.C. § 14-09-06.2(1)(j) requires the district court find credible evidence that domestic violence occurred. The court next must find an instance of (1) serious bodily injury, or (2) use of a dangerous weapon, or (3) a pattern of domestic violence within a reasonable time proximate to the proceeding.

We do not reweigh the findings of a district court under the clearly erroneous standard.

State v. Gores 2025 ND 194
Docket No.: 20250055
Filing Date: 11/20/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A criminal judgment entered after a bench trial is affirmed because sufficient evidence supports the convictions.

Unlike in a jury trial, a defendant does not need to move for judgment of acquittal under N.D.R.Crim.P. 29 at a bench trial to preserve the issue of sufficiency-of-the-evidence for appeal.

The process of "making an arrest" or "effecting an arrest" contains many steps, which, if uninterrupted, result in an arrest. "Preventing arrest" is the charged crime for preventing an officer from "effecting an arrest" at any point during the arrest process.

During the process of "making an arrest" law enforcement is required to inform the individual of the cause of arrest unless the officer does not have an opportunity to do so. See N.D.C.C. § 29-06-17.

Boyda v. Boyda, et al. 2025 ND 193
Docket No.: 20250054
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: An existing parenting plan that creates conflict between a parent and the children can be a material change of circumstances for modification of the plan.

A district court has broad discretion in determining which party bears the costs for an examination under N.D.R.Civ.P. 35 and for therapy.

A parenting plan that gives a third party the power to unilaterally determine progress and set requirements without criteria from the district court is an improper delegation of the court's authority.

The decision whether to hold a person in contempt is addressed to a district court's discretion, and will be reversed only upon a showing of an abuse of discretion.