Opinions

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.

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.

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).

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.

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. 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.

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.

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