Opinions

Campbell v. State 2025 ND 152
Docket No.: 20250008
Filing Date: 9/25/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Under the Strickland test, an applicant claiming ineffective assistance of counsel must prove two elements: (1) that their counsel's representation fell below an objective standard of reasonableness and (2) that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

Courts need not analyze both elements of the Strickland test and should resolve the case by addressing a single prong when possible.

Under N.D.C.C. § 29-32.1-01(1)(e), postconviction relief is available when evidence, not previously presented and heard, exists requiring vacation of the conviction or sentence in the interest of justice.

Applications based on newly discovered evidence are reviewed as a motion for a new trial based on newly discovered evidence under N.D.R.Crim.P. 33.

To prevail on a motion for a new trial on the ground of newly discovered evidence, the defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal. A motion for new trial based on newly discovered evidence rests within the discretion of the trial court, and we will not reverse the court's denial of the motion unless the court has abused its discretion.

Interest of J.L. 2025 ND 151
Docket No.: 20250128
Filing Date: 9/25/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.L. 2025 ND 151
Docket No.: 20250129
Filing Date: 9/25/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.L. 2025 ND 151
Docket No.: 20250130
Filing Date: 9/25/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.L. 2025 ND 151
Docket No.: 20250131
Filing Date: 9/25/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam

Highlight: An order finding children in need of protection and finding social services engaged in active efforts to place the children in an Indian home as required by the Indian Child Welfare Act is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Vasquez 2025 ND 150
Docket No.: 20250196
Filing Date: 9/25/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment for preventing arrest or discharge of other duties, driving while license is suspended, and failure to transfer title is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Disciplinary Board v. Merkens 2025 ND 149
Docket No.: 20250300
Filing Date: 9/22/2025
Case Type: Discipline - Attorney - Disability/Incapacity to Practice
Author: Per Curiam

Highlight: Transfer to incapacity to practice law status.

Disciplinary Board v. Merkens 2025 ND 149
Docket No.: 20250301
Filing Date: 9/22/2025
Case Type: Discipline - Attorney - Disability/Incapacity to Practice
Author: Per Curiam

Highlight: Transfer to incapacity to practice law status.

Disciplinary Board v. Merkens 2025 ND 149
Docket No.: 20250302
Filing Date: 9/22/2025
Case Type: Discipline - Attorney - Disability/Incapacity to Practice
Author: Per Curiam

Highlight: Transfer to incapacity to practice law status.

State v. Lee, et al. 2025 ND 148
Docket No.: 20250136
Filing Date: 9/11/2025
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: McEvers, Lisa K. Fair

Highlight: The Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

A party's notice of withdrawal of a motion after an order ruling on the merits of the motion has no effect on the duly issued order.

Unless an exception applies, when a defendant is charged with a misdemeanor or infraction, and the injured party receives satisfaction for the injury, the court may terminate the criminal proceedings. Compromise between a defendant and injured party is one way in which a prosecution may be terminated; voluntary dismissal by the prosecuting attorney under N.D.R.Crim.P. 48(a) is another way. While the court has discretion in both instances, the compromise statutes do not prevent the State from moving for dismissal under N.D.R.Crim.P. 48(a).

Under N.D.R.Crim.P. 48(a), the prosecuting attorney may not dismiss an indictment, information or complaint except on motion and with the court's approval. The prosecutor should be denied a dismissal, if the court is satisfied that the prosecutor is acting in bad faith, contrary to public interest, or intentionally harassing the defendant. The public interest exception does not allow the court to deny dismissal because it has the potential to undermine some broader societal concern. The court abuses its discretion by denying the State's unopposed motion to dismiss when the State acts in good faith and there has been no indication it has abdicated its prosecutorial duties.