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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

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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.

Vacancy in Judgeship No. 6, ECJD 2025 ND 192
Docket No.: 20250363
Filing Date: 11/5/2025
Case Type: Judicial Administration - Vacancy - Vacancy
Author: Per Curiam

Highlight: Judgeship retained at Fargo

State v. Cotton 2025 ND 191
Docket No.: 20250153
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means.

State v. Cotton 2025 ND 191
Docket No.: 20250154
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means.

State v. Cotton 2025 ND 191
Docket No.: 20250155
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: District courts have discretion to issue consecutive terms of imprisonment for felonies, but N.D.C.C. § 12.1-32-11 limits the court's authority for misdemeanors. When sentenced only for misdemeanors, a defendant may not be consecutively sentenced to more than one year, unless the defendant is being sentenced for two or more class A misdemeanors and each was committed as part of a different course of conduct or each involved a substantially different criminal objective. Crimes are not necessarily part of the same course of conduct simply because they were committed close in time or by similar means.

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