Opinions

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.

Williamson v. Williamson 2025 ND 170
Docket No.: 20250007
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court's judgment of divorce, order denying reconsideration, and order awarding attorney's fees is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6).

Thompson v. City of Adams, et al. 2025 ND 169
Docket No.: 20250185
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Cache Private Capital Diversified Fund v. Braddock, et al. 2025 ND 168
Docket No.: 20250176
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Eviction
Author: Bahr, Douglas Alan

Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. Once a prima facie showing of valid service has been presented, the burden shifts to the defendant to present facts and documentation to establish service of process was insufficient.

Eviction actions are not joinable with other actions, and counterclaims and defenses may not be interposed except as a setoff to a demand made for damages, rents, or profits.

A contract for deed may be canceled by statutory cancellation. By following the statutes' strict guidelines, a vendor cancels the contract for deed by operation of law. Upon cancellation, the vendee's interest in the property terminates, and the vendee is required to return possession of the property to the vendor. If the vendee fails to return possession of the property, the vendee is in wrongful possession of the property, and an eviction is proper.

Cache Private Capital Diversified Fund v. Braddock, et al. 2025 ND 168
Docket No.: 20250177
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Eviction
Author: Bahr, Douglas Alan

Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. Once a prima facie showing of valid service has been presented, the burden shifts to the defendant to present facts and documentation to establish service of process was insufficient.

Eviction actions are not joinable with other actions, and counterclaims and defenses may not be interposed except as a setoff to a demand made for damages, rents, or profits.

A contract for deed may be canceled by statutory cancellation. By following the statutes' strict guidelines, a vendor cancels the contract for deed by operation of law. Upon cancellation, the vendee's interest in the property terminates, and the vendee is required to return possession of the property to the vendor. If the vendee fails to return possession of the property, the vendee is in wrongful possession of the property, and an eviction is proper.

State v. Jemal 2025 ND 167
Docket No.: 20250222
Filing Date: 10/22/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Highlight: In probation revocation proceedings, a district court need not make factual findings to support its decision to revoke probation instead of choosing alternative sanctions.

Appellate review of sentencing decisions is limited to determining whether the sentence is within the statutory range and whether the court considered impermissible factors.

A party may not challenge an order or judgment on appeal without designating it in a notice of appeal.

Sutherby v. Astanina, et al. 2025 ND 166
Docket No.: 20250132
Filing Date: 10/22/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Tufte, Jerod E.

Highlight: A district court must credit a noncustodial parent for voluntary child support payments made during the pendency of an action when calculating past-due support obligations. When a court orders child support with a retroactive effective date, it must offset any past-due support owed by payments the noncustodial parent made to the custodial parent for the children's benefit during the relevant period.