Opinions

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.

State v. Martinez 2025 ND 204
Docket No.: 20250191
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - Attempted Murder
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.