Opinions

Heisler v. Reiger, et al. 2025 ND 180
Docket No.: 20250133
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Jensen, Jon J.

Highlight: A post-trial motion invoking both N.D.R.Civ.P. 59 and N.D.R.Civ.P. 60(b) extends the time to file an appeal until notice of entry of the order disposing of the motion when the motion is brought within the time limits set forth in N.D.R.Civ.P. 59(c)(2) and N.D.R.App.P. 4(a)(3).

The 60-day period for filing an appeal under N.D.R.App.P. 4(a)(1) starts to run in the absence of a notice of entry of the judgment or order only when the record clearly shows the appealing party had actual knowledge of the judgment or order, as evidenced by some affirmative action taken by the appealing party that shows actual knowledge.

The email notice the clerk of district court provides the parties pursuant to N.D.R.Ct. 3.5(e)(5) does not equate to actual notice that will start the 60-day period for filing an appeal in the absence of a notice of entry of the judgment or order.

The judgment of the district court in favor of the appellee is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Eggl v. State 2025 ND 179
Docket No.: 20250183
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Trial counsel did not render ineffective assistance of counsel when his client chose to enter an open plea rather than accept the State's plea offer where counsel provided his client the options on how to proceed, explained the strengths and weaknesses of the case, and left the final decision on how to proceed to his client.

State v. Chambers 2025 ND 178
Docket No.: 20250108
Filing Date: 10/22/2025
Case Type: Appeal - Criminal - Attempted Murder
Author: Jensen, Jon J.

Highlight: A criminal defendant failed to show his substantial rights were prejudiced by the potential ambiguity of pleading guilty to both a cognizable offense and a non-cognizable offense where there was a sufficient factual basis to support the guilty plea to the cognizable offense. The requirements of N.D.R.Crim.P. 11(c)(3)(B) did not apply where the criminal defendant entered an open plea rather than pleading guilty under a plea agreement in which the parties presented a joint recommendation on a proposed sentence.

Schultz v. Schultz 2025 ND 177
Docket No.: 20250156
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Divorce
Author: Per Curiam

Highlight: A district court divorce judgment awarding equal residential responsibility and distributing the marital estate is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Hernandez v. State 2025 ND 176
Docket No.: 20250116
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Corey v. Kenneh 2025 ND 175
Docket No.: 20250239
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: McEvers, Lisa K. Fair

Highlight: A disorderly conduct restraining order is affirmed.

An appeal is not moot if a district court order has collateral consequences for the appealing party.

Citations to non-existent case law may preclude review of issues on appeal.

It is the appellant's responsibility to obtain a transcript and they must bear any consequences for failing to provide a transcript on appeal.

State v. King 2025 ND 174
Docket No.: 20250101
Filing Date: 10/22/2025
Case Type: Appeal - Criminal - Terrorizing
Author: Crothers, Daniel John

Highlight: Obvious error analysis requires consideration whether the district court clearly deviated from applicable current law.

An alleged error that is not plain will not be analyzed further in accordance with judicial restraint and constitutional avoidance.

Olson v. Olson, et al. 2025 ND 173
Docket No.: 20250120
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Certified Question of Law
Author: Crothers, Daniel John

Highlight: Certified questions from our state district courts have a more stringent standard than foreign courts, requiring the question to be determinative, because the parties have a right to appeal.

The district court's certified question of law is not answered because the question is not dispositive of the issues before that court and our response would be purely advisory

State v. Santiago Agosto 2025 ND 172
Docket No.: 20250135
Filing Date: 10/22/2025
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

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

Interest of Skorick 2025 ND 171
Docket No.: 20250071
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Bahr, Douglas Alan

Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine if an individual continues to have an inability to control his behavior. Failure to attend treatment might demonstrate inability to control behavior just as violation of other institutional rules.