Opinions

State v. Miller 2025 ND 188
Docket No.: 20250175
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: Orders revoking probation and resentencing defendant for aggravated assault and violations of a domestic violence protection order are affirmed in part, reversed in part, and remanded.

In probation revocation proceedings, a district court need not make factual findings explaining its decision to revoke probation and sentence incarceration instead of alternative sanctions. On appeal, a party may not challenge an order or judgment not designated in the notice of appeal. A party may not collaterally attack a final decision, that was not appealed, in subsequent proceedings.

Overton v. Overton 2025 ND 187
Docket No.: 20250189
Filing Date: 11/5/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Crothers, Daniel John

Highlight: Procedural due process does not require the district court to ensure incarcerated parties to civil litigation are present at hearings.

A hearing for a domestic violence protection order does not implicate confrontation clause rights protected by the Sixth Amendment.

State v. Barrett 2025 ND 186
Docket No.: 20250114
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A jury's question or request to view evidence during deliberations shall take place in open court, unless the defendant agrees otherwise.

For a closure of the courtroom to comply with the constitution, the district court must make correct and adequate findings on the closure.

A violation of the constitutional right to a public trial can seriously affect the fairness, integrity, or public reputation of judicial proceedings, warranting reversal.

State v. Watterud 2025 ND 185
Docket No.: 20250082
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A victim's testimony about misconduct occurring over several years can be sufficient to support a conviction.

An improper communication to a jury in deliberations must actually prejudice the defendant to warrant a reversal of a conviction.

McMahon v. Sanford, et al. 2025 ND 184
Docket No.: 20250100
Filing Date: 11/5/2025
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A professional negligence action against a physician, nurse, or hospital generally requires an expert affidavit. Generally, decisions to provide medication, refuse to provide medication, or discharge a patient are medical decisions requiring the expertise of medical professionals.

In an "obvious occurrence" case, expert testimony is unnecessary if a layperson can find negligence without the benefit of an expert opinion. Determining whether to discharge a patient or provide pain medication requires medical expertise beyond the common understanding of a layperson.

The tort of intentional infliction of emotional distress requires (1) extreme and outrageous conduct that is (2) intentional or reckless and that causes (3) severe emotional distress. The district court must first determine if, as a matter of law, the defendant's conduct is sufficiently extreme and outrageous to permit recovery. This standard is strenuously high and requires conduct beyond all possible bounds of decency. The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

State v. Weber 2025 ND 183
Docket No.: 20250098
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: A party bears the burden to correctly label its motion as to inform the court of the relief sought. The district court did not err when it treated appellant's motion as a request for relief under N.D.R.Crim.P. 35(a) based on its label.

An as-applied challenge to probation conditions is not ripe for review when the individual subject to the probation conditions is still incarcerated.

This Court declines to address a facial challenge to the constitutionality of a statute without the benefit of adversarial briefing.

State v. Wilson 2025 ND 182
Docket No.: 20250169
Filing Date: 11/5/2025
Case Type: Appeal - Criminal - Assault
Author: Bahr, Douglas Alan

Highlight: A probationer's right to counsel does not arise from the Sixth Amendment but rather from North Dakota Rule of Criminal Procedure 32(f)(3)(A)(iii). Because of the statutory origin of a probationer's right to counsel at a revocation hearing, the full panoply of rights due a defendant in a criminal proceeding does not apply.

On review of a district court's finding that a probationer voluntarily, knowingly, and intelligently waived the right to counsel, we apply a clearly erroneous standard.

Interest of M.P. 2025 ND 181
Docket No.: 20250320
Filing Date: 11/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of A.P. 2025 ND 181
Docket No.: 20250321
Filing Date: 11/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of C.P. 2025 ND 181
Docket No.: 20250322
Filing Date: 11/5/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's orders terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).