Opinions

Matter of William C. Hansen and Verna Hansen Trust 2025 ND 220
Docket No.: 20250206
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: North Dakota Century Code § 59-14-02(5) governs whether an agent acting under a power of attorney has authority to amend a trust. It permits amendments "only to the extent expressly authorized by the terms of the trust or the power, exercised in writing and delivered to the trustee." Under N.D.C.C. § 59-19-02(1)(b), the express authorization requirement applies "to all judicial proceedings concerning trusts which are commenced after July 31, 2007." The word "express" means clearly and unmistakably communicated; stated with directness and clarity. Express authority cannot be implied from general provisions.

Dukart, et al. v. Holmes 2025 ND 219
Docket No.: 20250151
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

Highlight: A disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Mollner v. State 2025 ND 218
Docket No.: 20250229
Filing Date: 12/18/2025
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)(2).

Interest of J.C. 2025 ND 217
Docket No.: 20250378
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Interest of S.C.Y. 2025 ND 217
Docket No.: 20250379
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is remanded for specified findings of active efforts under N.D.C.C. § 27-19.7-01(2). The Supreme Court retains jurisdiction.

Estate of Lepp 2025 ND 216
Docket No.: 20240310
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Probate law distinguishes between informal and formal proceedings and between unsupervised and supervised administration.

An appeal of multiple orders in an unsupervised probate is dismissed without N.D.R.Civ.P. 54(b) certification or resolution of all claims by and against a party.

This Court generally will not consider an appeal in a multi-claim or multi-party action that disposes of fewer than all claims against all of the parties unless the district court has first independently assessed the case and determined a certification under N.D.R.Civ.P. 54(b) is appropriate.

Even in an unsupervised probate, the existence of unresolved claims by or against a party prevents immediate appellate review without N.D.R.Civ.P. 54(b) certification.

State v. Hoff 2025 ND 215
Docket No.: 20240354
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A defendant can waive his right to counsel either expressly, or through his conduct.

A waiver of the right to counsel must be knowingly and intelligently made. This requires the defendant be advised of the dangers and difficulties of self-representation.

Interest of G.S. 2025 ND 214
Docket No.: 20250394
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of A.S. 2025 ND 214
Docket No.: 20250395
Filing Date: 12/18/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kolstad v. Claussen 2025 ND 213
Docket No.: 20250192
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Tufte, Jerod E.

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. A court's findings of fact are sufficient if they afford a clear understanding of the court's decision and assist the appellate court in conducting its review.

Under the clearly erroneous standard, the Court does not reweigh evidence or reassess witness credibility. The district court did not clearly err in finding a parent did not change employment to reduce his child support obligation, but rather to parent his children.