Opinions

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.

State v. Lizotte 2025 ND 200
Docket No.: 20250226
Filing Date: 12/4/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court order revoking probation and resentencing the defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Access Independent Health Services, Inc., d/b/a Red River Women's Clinic. et al. v. Wrigley, et al. 2025 ND 199
Docket No.: 20240291
Filing Date: 11/21/2025
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: A sufficient majority was not reached to declare unconstitutional N.D.C.C. ch. 12.1-19.1, which criminalizes abortion with exceptions. The effect of the separate opinions is that a district court judgment declaring N.D.C.C. ch. 12.1-19.1 unconstitutional and void is reversed.

Johnson v. Staiger 2025 ND 198
Docket No.: 20250048
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: District courts may properly consider a parent's alcohol abuse and act of driving under the influence when determining whether a material change of circumstances exists. However, our cases do not show an isolated incident of a parent driving under the influence automatically mandates a finding of a material change of circumstances.

A party may not challenge prior unappealed parenting time requirements in an appeal of a subsequent order modifying parenting time.

Under N.D.R.Ct. 3.2(a)(2), a district court errs in not allowing a party the opportunity to file a reply brief; however, a court may remedy the premature issuance of an order by subsequently reviewing a timely submitted reply brief to determine whether it impacts the court's decision.

A district court does not abuse its discretion by denying a motion under N.D.R.Civ.P. 60(b) when the movant does not identify or argue a specific ground for relief under N.D.R.Civ.P. 60(b).

State v. Vetter 2025 ND 197
Docket No.: 20250149
Filing Date: 11/20/2025
Case Type: Appeal - Criminal - Disorderly Conduct
Author: McEvers, Lisa K. Fair

Highlight: Issues not raised or considered in the district court, including claims of constitutionally protected activity, cannot be raised for the first time on appeal, unless the issue rises to the level of obvious error. It is the defendant's burden to show an obvious error that affects a substantial right, and the discretion to notice obvious error need not be exercised when obvious error is not raised on appeal.

Tumultuous behavior may include conduct that is loud, noisy, or creates a disorderly commotion.

Diop v. Altepeter, et al. 2025 ND 196
Docket No.: 20250209
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: An order denying Altepeter's motion to amend parenting time provisions in a divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Clemenson v. Clemenson, et al. 2025 ND 195
Docket No.: 20250097
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: The domestic violence factor in N.D.C.C. § 14-09-06.2(1)(j) requires the district court find credible evidence that domestic violence occurred. The court next must find an instance of (1) serious bodily injury, or (2) use of a dangerous weapon, or (3) a pattern of domestic violence within a reasonable time proximate to the proceeding.

We do not reweigh the findings of a district court under the clearly erroneous standard.

State v. Gores 2025 ND 194
Docket No.: 20250055
Filing Date: 11/20/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A criminal judgment entered after a bench trial is affirmed because sufficient evidence supports the convictions.

Unlike in a jury trial, a defendant does not need to move for judgment of acquittal under N.D.R.Crim.P. 29 at a bench trial to preserve the issue of sufficiency-of-the-evidence for appeal.

The process of "making an arrest" or "effecting an arrest" contains many steps, which, if uninterrupted, result in an arrest. "Preventing arrest" is the charged crime for preventing an officer from "effecting an arrest" at any point during the arrest process.

During the process of "making an arrest" law enforcement is required to inform the individual of the cause of arrest unless the officer does not have an opportunity to do so. See N.D.C.C. § 29-06-17.

Boyda v. Boyda, et al. 2025 ND 193
Docket No.: 20250054
Filing Date: 11/20/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Crothers, Daniel John

Highlight: An existing parenting plan that creates conflict between a parent and the children can be a material change of circumstances for modification of the plan.

A district court has broad discretion in determining which party bears the costs for an examination under N.D.R.Civ.P. 35 and for therapy.

A parenting plan that gives a third party the power to unilaterally determine progress and set requirements without criteria from the district court is an improper delegation of the court's authority.

The decision whether to hold a person in contempt is addressed to a district court's discretion, and will be reversed only upon a showing of an abuse of discretion.