Opinions

Marschner v. Marschner 2026 ND 66
Docket No.: 20250066
Filing Date: 3/4/2026
Case Type: Appeal - Civil - Divorce
Author: Tufte, Jerod E.

Highlight: Under the Uniformed Services Former Spouses' Protection Act 10, U.S.C. § 1408, as interpreted in Howell v. Howell, 581 U.S. 214 (2017), an indemnification provision requiring a veteran to compensate a former spouse for retirement pay
waived in favor of disability benefits is void and unenforceable, regardless of whether the parties agreed to it.

A district court's award of spousal support calculated to restore a former spouse's lost share of waived retirement pay is merely a semantic reframing of the prohibited division of disability pay and is preempted by federal law.

Interest of B.P. 2026 ND 65
Docket No.: 20260028
Filing Date: 3/4/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

State v. Romanyshyn 2026 ND 62
Docket No.: 20250295
Filing Date: 2/26/2026
Case Type: Appeal - Criminal - Protection/Restraining Order
Author: Bahr, Douglas Alan

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 to correct the judgment to conform with the requirements of N.D.R.Crim.P. 11(a)(2).

Galpin v. Cantina Holdings, et al. 2026 ND 54
Docket No.: 20250254
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court judgment awarding an earnest money deposit to the seller and dismissing the buyers' counterclaims for declaratory judgment, breach of contract, unjust enrichment, and conversion is affirmed.

Several contracts relating to the same matters between the same parties and made as parts of substantially one transaction are to be taken together. N.D.C.C. § 9-07-07.

When part of a contract is drafted under the special directions of the parties and the remainder is copied from a standard form, the specially drafted part controls over the standard form language; if the two are absolutely repugnant, the form language must be disregarded. N.D.C.C. § 9-07-16.

When a contract contains conflicting provisions, the resulting uncertainty is construed against the party who drafted the contract. N.D.C.C. § 9-07-19.

The later-in-time principle, under which inconsistent provisions in a later contract supersede those in an earlier contract, does not apply where the earlier agreement is expressly incorporated into the later one. An argument that a party breached the obligation of good faith during contractfor-deed negotiations does not affect the disposition of earnest money that had already become non-refundable before the allegedly objectionable conduct occurred.

Rath v. Rath, et al. 2026 ND 55
Docket No.: 20250265
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Judgments amending parenting time and payment of child's medical expenses, and finding abusive litigation are summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Alber v. Rodin, et al. 2026 ND 58
Docket No.: 20250182
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Highlight: A losing party cannot, after a civil jury trial, raise the issues of sufficiency of the evidence or weight of the evidence for the first time on appeal.

Jury instructions are reviewed as a whole to determine if they fairly and adequately advise the jury of the law.

Inadequately briefed issues are not reviewed on appeal. Judges, whether trial or appellate, are not ferrets obligated to engage in unassisted searches of the record for evidence to support a litigant's position.

The district court has sole discretion under N.D.C.C. § 28-26-06(5), to award expert witness fees that are reasonable plus actual expenses.

Emme v. Emme, et al. 2026 ND 60
Docket No.: 20250277
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court's divorce judgment is summarily affirmed under N.D.R.App.P 35.1(a)(2), (4), and (7).

Kostelecky v. Erickson, et al. 2026 ND 61
Docket No.: 20250306
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: When exercising their discretion to impose sanctions, courts should consider the impact of the imposed sanction on innocent third parties.

While district courts retain broad authority to sanction discovery violations, that authority is necessarily constrained by the overriding obligation to consider all relevant evidence bearing on the child's best interests.

When a court imposes sanctions in a case involving residential responsibility and parenting time, the court must consider whether the sanction precludes the court from receiving evidence bearing on the child's best interests.

Under the facts of this case, the court abused its discretion by imposing an evidentiary sanction that barred a parent from presenting any evidence at a trial involving residential responsibility and parenting time.

Goetz v. Goetz, et al. 2026 ND 53
Docket No.: 20250193
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Divorce
Author: Tufte, Jerod E.

Highlight: District court did not clearly err in finding there was a material change in circumstances justifying modification of parenting time where parent with residential responsibility interfered with parenting time and was unwilling to accommodate reasonable exchange plans, the children and noncustodial parent desired to spend more time together, and the judgment contained uncertain exchange times, which caused conflict for the parties.

Under N.D.R.Ct. 8.13(a), the district court may conduct an in chambers interview of a child in a parenting time proceeding only if the parents consent.

Under N.D.C.C. § 14-09-06.3 and N.D.R.Ct. 8.6, the parenting investigator must file and serve her report before the evidentiary hearing, and must be available to testify at the hearing. A court abuses its discretion when it relies on the parenting investigator's report without having first provided the parties notice and an opportunity to cross-examine the parenting investigator on her report at the hearing.

Volker v. Nygaard, et al. 2026 ND 56
Docket No.: 20250309
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment is dismissed because the appeal was untimely. The court's amended judgment inserting the amount of costs awarded in the judgment did not toll the time to appeal.

State v. Vasquez 2026 ND 64
Docket No.: 20250314
Filing Date: 2/26/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The district court's amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Bobcat of Mandan v. Doosan Bobcat North America 2026 ND 63
Docket No.: 20250327
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A two-pronged test is used when determining whether an order is appealable. First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. § 28-27-02. If it does not, our inquiry need go no further and the appeal must be dismissed. If it does, then Rule 54(b), N.D.R.Civ.P., if applicable, must be complied with.

An "automatic stay" under N.D.C.C. § 51-07-01.1(3) is appealable under N.D.C.C. § 28-27-02(3).

The authority to issue a supervisory writ is discretionary and we decide whether to exercise our supervisory jurisdiction on a case-by-case basis.

Mohammed v. State 2026 ND 59
Docket No.: 20250331
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: When a court summarily dismisses an application before the State responds, the dismissal is treated as analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.

District courts may consider applications for postconviction relief discovered beyond the two-year statutory limitation if the petitioner alleges the existence of newly discovered evidence which would establish the petitioner did not engage
in the conduct for which petitioner was convicted.

When applications for postconviction relief assert newly discovered evidence under the exception to the statute of limitations, district courts must apply the four-prong test to determine if the evidence constitutes newly discovered evidence.

Meridian Property Management v. Cordie, et al. 2026 ND 52
Docket No.: 20250344
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Highlight: The lack of a remedy for a statutory violation does not, in and of itself, render a statute ambiguous. Instead, it signals an intent by the legislature for the courts to apply a prejudice standard to a statutory violation.

Kantola v. Kantola 2026 ND 57
Docket No.: 20250407
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The district court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

When requesting more than token attorney's fees under N.D.R.App.P. 38, the prevailing party should submit documentation of the expenses incurred on the appeal. Without such documentation, the Court may consider awarding a fixed
amount.

Bedgar v. Wilson, et al. 2026 ND 51
Docket No.: 20250389
Filing Date: 2/26/2026
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: An admission of nonpayment of some, if not all, claimed obligations owed under a judgment can be enough to support a contempt finding. Remedial sanctions for contempt cannot be broader than necessary to address the specific contemptuous conduct, that is, the sanctions must be compensation for actual losses caused by the contempt or have a nexus to either compelling future compliance.

Pederson v. State
Docket No.: 20250208
Filing Date: 2/25/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Nygaard v. Volker, et al. 2026 ND 50
Docket No.: 20250184
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A default judgment entered after the district court dismissed the answer and counterclaim as a discovery sanction is affirmed.

When a party fails to properly raise an issue or argument before the district court, it may not do so for the first time on appeal.

Rule 60(b), N.D.R.Civ.P., is the exclusive means for opening a default judgment. When a default judgment is appealed, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, we review the default judgment to determine if irregularities appear on the face of the judgment.

Adoption of K.J.K. 2026 ND 46
Docket No.: 20250252
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Adoption
Author: Crothers, Daniel John

Highlight: A district court's findings in adoption cases are reviewed under the clearly erroneous standard.

A district court's denial of an adoption petition is reviewed for an abuse of discretion.

The district court found "red flags" surrounded the adoption, and finding adoption was not in K.J.K.'s best interest was not clearly erroneous.

The court did not abuse its discretion in denying the adoption petition.

State v. Davis 2026 ND 48
Docket No.: 20250311
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: The Court will not consider an argument under obvious error review unless the appellant briefs the issue under the obvious error standard of review.

The district court did not abuse its discretion in admitting evidence of a prior conviction that was an element of the charged offense.

Christianson v. Grand Forks Public School District 2026 ND 47
Docket No.: 20250329
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A party's failure to comply with the contractual requirements can waive the party's ability to enforce the contractual requirements.

A teacher's separate contract for work performed outside the regular school day, that provides separate pay and different responsibilities from the duties of their teaching contract, is extracurricular.

Klebe v. Klebe 2026 ND 49
Docket No.: 20250362
Filing Date: 2/19/2026
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court may determine a child support obligation based on earning capacity rather than earnings history.

The presiding judge of the judicial district, not the judge sought to be disqualified, determines the validity and timeliness of a demand for change of judge under N.D.C.C. § 29-15-21. However, when a demand for change of judge is untimely filed under N.D.C.C. § 29-15-21(2), the error in having the wrong judge rule on the demand is harmless under N.D.R.Civ.P. 61.

State v. Medina 2026 ND 45
Docket No.: 20250178
Filing Date: 2/19/2026
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The Fourth Amendment of the United States Constitution and Art. I, § 8, of the North Dakota Constitution protect individuals against unreasonable searches and seizures.

When an individual reasonably expects privacy in an area, the government, under the Fourth Amendment, must obtain a search warrant unless the intrusion falls within a recognized exception to the warrant requirement.

One exception to the warrant requirement is the automobile exception. Under the automobile exception, law enforcement may search for illegal contraband without a warrant when probable cause exists.

Probable cause to search exists if it is established that certain identifiable objects are probably connected with criminal activity and are probably to be found at the present time at an identifiable place.

Probable cause demands not that an officer be sure or certain but only that the facts available to a reasonably cautious man would warrant a belief that certain items may be contraband or stolen property or useful as evidence of a crime.

A police officer may draw inferences based on his own experience in deciding whether probable cause exists.

Interest of W.J. 2026 ND 43
Docket No.: 20250458
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Interest of M.S.H. 2026 ND 44
Docket No.: 20250421
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. An order, which is complete, which if final, and which does not anticipate or direct further action, is appealable. Absent a timely appeal or retention of custody of the child, an order terminating parental rights may not be questioned by any person, including the petitioner, in any manner, or upon any ground.

Interest of P.S.H. 2026 ND 44
Docket No.: 20250422
Filing Date: 2/19/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: An appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. An order, which is complete, which if final, and which does not anticipate or direct further action, is appealable. Absent a timely appeal or retention of custody of the child, an order terminating parental rights may not be questioned by any person, including the petitioner, in any manner, or upon any ground.

Rousseau v. Armstrong, et al. 2026 ND 31
Docket No.: 20250336
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Injunction
Author: Jensen, Jon J.

Highlight: A party does not have a right to appeal if there is no final judgment or order under N.D.C.C. § 28-27-01. A dismissal for lack of personal jurisdiction is presumed to be without prejudice.

Interest of D.G. 2026 ND 37
Docket No.: 20250432
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved.

To determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved.

Interest of D.G. 2026 ND 37
Docket No.: 20250433
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved.

To determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved.

Haskell v. Grand Forks Public Schools 2026 ND 40
Docket No.: 20250275
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An attorney at a public meeting explaining the legal position of a governing body did not waive the governing body's ability to enter an executive session.

A governing body can discuss the value requested by an adverse party without waiving the ability to discuss other adverse fiscal impacts in an executive session.

A party seeking disclosure of records withheld as exempt from open records laws does not have a due process right to participate in an in camera review or to access the records for the purpose of fully arguing why the party should have
access to them.

A district court abuses its discretion if it grants a public entity summary judgment dismissal of an open meetings violation claim without reviewing in camera the short executive session recording that the public entity claims is exempt from disclosure under the attorney consultation exemption.

State v. Landen 2026 ND 38
Docket No.: 20250305
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: Per Curiam

Highlight: A criminal judgment for a terrorizing conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Eggleston 2026 ND 41
Docket No.: 20250291
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Davis v. State 2026 ND 42
Docket No.: 20250319
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).

Vetter v. Vetter, et al. 2026 ND 36
Docket No.: 20250339
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: McEvers, Lisa K. Fair

Highlight: Arguments that are not adequately articulated, supported, and briefed on appeal are not considered and are deemed waived.

Parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests and that it is not merely a privilege of the parent, but a right of the child.

Parenting time should be restricted only upon a showing by a preponderance of the evidence that unrestricted parenting time is likely to endanger the child's physical or emotional health.

State v. Eggleston 2026 ND 30
Docket No.: 20250292
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: To establish a due process violation based on pre-indictment delay, a defendant must demonstrate actual prejudice. Similarly, to establish a due process violation based upon the State's failure to preserve evidence, a defendant must demonstrate actual prejudice. When the State fails to preserve evidence that was at one point in the State's possession, a defendant must also present evidence of bad faith, meaning the State deliberately destroyed evidence with the intent to deprive the defense of information. Mere speculation that unpreserved evidence might have been exculpatory is not enough to show actual prejudice.

City of Dickinson v. Helgeson 2026 ND 34
Docket No.: 20250340
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The failure to display a license plate under Dickinson Municipal Code § 58-705 constituted a noncriminal violation.

The district court order did not clearly err in designating the defendant a vexatious litigant.

The required findings, filings, and notices for identification of a vexatious litigant provide sufficient procedural safeguards to prevent constitutional violations.

The citation to non-existent cases in an appellate brief is a violation of N.D.R.App.P. 28(l), which exposes the filing party to the imposition of sanctions for their misconduct.

Rent Daddy's v. Gamel, et al. 2026 ND 33
Docket No.: 20250408
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Eviction
Author: Per Curiam

Highlight: The district court's eviction judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7) and (8).

State v. Reese 2026 ND 39
Docket No.: 20250161
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 12.1-32-02.1(1)(a), a term of imprisonment must be imposed when, in the course of committing an offense, the offender threatens another with imminent bodily injury using, or through the use or means of, a firearm.

Kingstone v. Tedrow Kingstone 2026 ND 29
Docket No.: 20250346
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination.

The mandate rule does not permit a party to relitigate issues which were resolved in a first appeal, and requires a district court to follow the pronouncements of an appellate court within the limits of a remand.

State v. Maher 2026 ND 35
Docket No.: 20250198
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair

Highlight: This Court will only vacate a district court's sentencing decision if the court acted outside statutorily prescribed limits or substantially relied on an impermissible factor.

A district court may tailor probation conditions to each case's particular facts and circumstances as long as the conditions are reasonably necessary to ensure the defendant will lead a law-abiding life or to assist the defendant to do so.

The constitutional right to parent is not without limits. Courts may impose sentences that may conflict with a parenting order when imposing such sentence serves other penological interests.

Interest of S.M. 2026 ND 32
Docket No.: 20260006
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Garaas, et al. v. NDIC, et al. 2026 ND 25
Docket No.: 20250109
Filing Date: 2/5/2026
Case Type: Appeal - Administrative - Industrial Commission
Author: Crothers, Daniel John

Highlight: NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit.

NDIC failed to regularly pursue its authority when issuing the order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit because it failed to modify the existing pooling orders under N.D.C.C. § 38-08-07, and failed to follow statutory procedures.

An NDIC order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit is vacated.

UND v. Whelan, et al. 2026 ND 19
Docket No.: 20250286
Filing Date: 2/5/2026
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: The subject matter of a contract is governed by relevant statutory law. This general principle does not operate to transform an action based on statutory rights into a contract claim.

A claim for unjust enrichment may be grounded in contract or tort law. Whether a claim for unjust enrichment sounds in tort or contract depends upon the factual basis underlying the claim. When the unjust enrichment allegations are predicated on tortious conduct, such as misrepresentation or fraud, the claim is properly characterized as one arising in tort.

Fargo Maple View v. Lofthus, et al. 2026 ND 26
Docket No.: 20250282
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: A district court's order denying a motion to change venue is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Holzworth v. Ortega Rivera, et al. 2026 ND 24
Docket No.: 20250293
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Per Curiam

Highlight: A district court judgment awarding joint and equal residential responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of J.C. 2026 ND 28
Docket No.: 20250378
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Interest of S.C.Y. 2026 ND 28
Docket No.: 20250379
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

State v. Torres-Sosa 2026 ND 22
Docket No.: 20250228
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) and (8).

Hughes v. Waters 2026 ND 20
Docket No.: 20250364
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Jensen, Jon J.

Highlight: A child's home state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is one in which a child has lived with a parent or a person acting as a parent for at least six months immediately before the commencement of a child custody proceeding. N.D.C.C. § 14-14.1-01(6). When North Dakota is not a child's home state, the UCCJEA still permits a North Dakota court to assume jurisdiction over a child custody proceeding in several circumstances, including when: (1) no other courts have home state jurisdiction; (2) no other courts with home state jurisdiction have declined jurisdiction on the ground North Dakota was the more appropriate forum; and (3) no other courts with jurisdiction (whether home state or otherwise) have declined jurisdiction on the ground that North Dakota was the more appropriate forum. N.D.C.C. § 14-14.1-12(1)(d).

Adoption of M.L.P. 2026 ND 21
Docket No.: 20250390
Filing Date: 2/5/2026
Case Type: Appeal - Civil - Adoption
Author: Per Curiam

Highlight: A district court order denying a petition to terminate parental rights and for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Interest of M.M. 2026 ND 27
Docket No.: 20250430
Filing Date: 2/5/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

State v. Haskins 2026 ND 23
Docket No.: 20250091
Filing Date: 2/5/2026
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: Rule 11, N.D.R.Crim.P., does not require courts to specifically address a defendant's age, education, mental capacity, background, or experience during the plea colloquy.

Courts have no duty under Rule 11 to inquire about or rule out potential affirmative defenses before accepting a guilty plea. A guilty plea generally waives all non-jurisdictional claims and defenses, including constitutional, procedural, and statutory defenses.

Rule 11(b)(3) requires the court to determine a factual basis exists before entering judgment on a guilty plea. The factual basis must satisfy all elements of the charged crime and be sufficiently precise and specific on the record.

Even when a Rule 11 violation constitutes obvious error, the defendant must demonstrate the error affected substantial rights.

A sentence within the statutory range and the range contemplated in the plea agreement is generally not grossly disproportionate under Eighth Amendment analysis.

State v. Vasquez 2026 ND 9
Docket No.: 20250314
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

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).

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250439
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 17
Docket No.: 20250440
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Cull v. Cull 2026 ND 10
Docket No.: 20250303
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: The use of extended family members for childcare does not amount to a material change in circumstances unless it can be shown the arrangement has a detrimental effect on the children.

A moving party must present competent evidence establishing a causal connection between alleged problems and the other parent's parenting. Merely alleging without support that problems stem from the other parent's parenting style is insufficient to establish a material change of circumstances.

An isolated incident does not automatically mandate a finding of material change in circumstances, even when the incident involves potential endangerment to a child's physical or mental health.

State v. Lais 2026 ND 12
Docket No.: 20250231
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Olson 2026 ND 8
Docket No.: 20250264
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Bahr, Douglas Alan

Highlight: Appellate briefs must include references to the record and must cite to the record showing that issues were preserved for review. This Court will not consider arguments that are not adequately articulated, supported, and briefed, and will not engage in unassisted searches of the record for evidence to support a party's position.

An information may be amended any time before verdict if no additional or different offense is charged. An amendment expanding the date range of an alleged offense does not constitute charging a different or additional offense when the essential elements remain unchanged.

Section 12.1-02-02(2), N.D.C.C., is only applicable to Title 12.1, and the willful culpability level will not be read into other chapters unless the legislature specifically states as such.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250441
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250442
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250443
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Spencer 2026 ND 18
Docket No.: 20250444
Filing Date: 1/29/2026
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Johnson v. State 2026 ND 15
Docket No.: 20250287
Filing Date: 1/29/2026
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)(4).

Sanderson v. Cole 2026 ND 16
Docket No.: 20250288
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court.

Rule 3, N.D.R.Civ.P., differs from Fed.R.Civ.P. 3, which requires filing of a complaint to commence an action.

Under N.D.R.Civ.P. 5, unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. Failure to file proof that the initiating pleading was filed is
subject to N.D.R.Civ.P. 61 harmless error analysis.

Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken in accordance with their official duties.

Prosecuting attorneys are considered quasi-judicial officers entitled to absolute immunity granted judges when their activities are intimately associated with the judicial phase of the criminal process.

The prevailing party of a frivolous action shall be awarded attorney's fees under N.D.C.C. § 28-26-01(2).

Williamson v. State 2026 ND 14
Docket No.: 20250365
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Luetzen 2026 ND 13
Docket No.: 20250223
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Individuals who have been convicted of certain felony offenses are prohibited from owning a firearm or having one in possession. Under N.D.C.C. § 62.1-01-01(11), to obtain a conviction based on constructive possession, the State must prove the person had the power and intention to exercise control. Actual possession, on the other hand, may be proven by establishing direct physical control. The offense is no longer exclusively a strict liability offense, but it also does not always require proof of intent.

Under N.D.C.C. § 62.1-01-01(3), a "firearm" is defined as any device that expels or is readily capable of expelling a projectile by the action of an explosive. This definition requires the State to prove a gun is functional. Direct evidence is not required; functionality may be proved by the surrounding facts and circumstances, including testimony from lay witnesses. Caselaw has not established a clear or obvious legal rule as to what constitutes sufficient evidence to prove a handgun is able to expel or readily capable of expelling a projectile.

State v. Golberg 2026 ND 11
Docket No.: 20250224
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. The location of a home's threshold is not always clear. Police may not enter a private enclosed entrance when there is a more direct alternative access designated for public use. An enclosed area may sometimes be the most direct access to a home's threshold and designated for public use.

Weigel, et al. v. Albertson 2026 ND 4
Docket No.: 20250342
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: An order from a district court granting a motion to disqualify an attorney is not appealable under N.D.C.C. § 28-27-02(3) or the collateral order doctrine.

Supervisory jurisdiction may be exercised to review an order granting a motion to disqualify an attorney because a civil litigant has a protected interest in counsel of the litigant's choice, and an appeal from a final judgment is not an adequate remedy for erroneous disqualification.

When a district court finds a lawyer-client relationship between an attorney and a company based on objective manifestations, including providing legal advice to the company's officers and employees, the district court does not abuse its discretion in disqualifying the attorney under N.D.R. Prof. Conduct 1.7(a)(1) if the attorney represents clients on both sides of the litigation.

A district court commits legal error by concluding an attorney has a lawyer-client relationship with a company solely because the attorney signed and prosecuted derivative claims brought by a shareholder on behalf of the company.

An error is harmless if it does not affect the outcome of the case or a party's substantial rights.

Gum v. Muddy Boyz Drywall 2026 ND 5
Docket No.: 20250324
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Contracts
Author: Bahr, Douglas Alan

Highlight: A party does not have a right to appeal if there is no final judgment or proper N.D.R.Civ.P. 54(b) certification.

Ziemann v. Grosz 2026 ND 6
Docket No.: 20250164
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: The mandate rule, a more specific application of law of the case, requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.

An appellate court retains authority to decide whether the district court on remand fully carried out terms of its mandate.

Rangel v. State 2026 ND 3
Docket No.: 20250281
Filing Date: 1/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order granting a motion for summary disposition of postconviction relief applications is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

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. Krall 2026 ND 7
Docket No.: 20240233
Filing Date: 1/15/2026
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: In an appeal challenging the sufficiency of the evidence, we look only to the evidence and reasonable inferences most favorable to the verdict to ascertain if there is substantial evidence to warrant the conviction.

A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt.

A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt. A verdict based on circumstantial evidence carries the same presumption of correctness as other verdicts.

Jury instructions are reviewed as a whole to determine if they correctly and adequately inform the jury. Selecting and considering only a part of the instructions is not proper.

An error in a jury instruction provides grounds for reversal only when the instructions as a whole are erroneous, relate to a central subject in the case, and affect the defendant's substantial right.

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

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. 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.

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.

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.

State v. Jenkins 2025 ND 229
Docket No.: 20250308
Filing Date: 12/31/2025
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: This Court lacks jurisdiction to review untimely appeals.

Inadequately briefed issues are waived.

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

Wardner v. Porath, et al. 2025 ND 228
Docket No.: 20250256
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: A district court has jurisdiction to modify a foreign custody determination, including visitation orders, when the child's home state is North Dakota and the child and parents no longer reside in the issuing jurisdiction.

Appellate courts have the authority and duty to determine the applicability of relevant statutes to legal controversies, even when the parties do not identify those statutes or argue for their application.

When a parent seeks to modify an existing nonparent visitation order, the court must apply the modification standards under the Uniform Nonparent Custody and Visitation Act.

When modifying an order granting nonparent visitation, the court must determine whether the nonparent rebutted in the initial proceeding the presumption that the parent's decision regarding visitation is in the child's best interest. If the nonparent rebutted the presumption in the initial proceeding, the presumption remains rebutted.

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.

Geiger v. State 2025 ND 227
Docket No.: 20250236
Filing Date: 12/31/2025
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).

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).

Duffi v. State 2025 ND 226
Docket No.: 20250230
Filing Date: 12/31/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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.

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.

Adoption of G.M.H. 2025 ND 208
Docket No.: 20250376
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Adoption
Author: Bahr, Douglas Alan

Highlight: District courts have discretion to terminate parental rights based on abandonment by evaluating whether a noncustodial parent failed to communicate with or support their child without justifiable cause. Courts must assess the specific facts of each case to determine if the parent's lack of contact and care was justified by the circumstances or represented an unjustified failure to maintain the parent-child relationship.

An as-applied constitutional challenge that merely disagrees with how the court weighed the evidence does not demonstrate the statute was applied unconstitutionally.

State v. Gaede 2025 ND 223
Docket No.: 20250313
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: An order denying a North Dakota Rule of Criminal Procedure 35(a) motion to correct an illegal sentence is summarily affirmed under North Dakota Rule of Appellate Procedure 35.1(a)(7).

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).

Thornberg v. Thornberg, et al. 2025 ND 221
Docket No.: 20250203
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Contempt of Court
Author: Jensen, Jon J.

Highlight: The district court's order holding the appellant in contempt of court for interfering with the appellee's parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

The district court's orders awarding compensatory parenting time and attorney's fees to the appellee are affirmed.

The appellee's motion for attorney's fees on appeal is denied.

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).

Myrick, et al. v. Holmes 2025 ND 225
Docket No.: 20250199
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: Per Curiam

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

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.

State v. Jaeger 2025 ND 222
Docket No.: 20250195
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: Pursuant to N.D.R.Crim.P. 36, a district court has authority to correct a clerical error in a written order that inaccurately states the court's oral pronouncement of sentence when the correction does not make the sentence more onerous than
the original sentence, but merely corrects the written order's failure to record accurately an earlier unambiguous oral pronouncement.

The failure to appoint a criminal defendant counsel to respond to a Rule 36 motion to correct a clerical error in a probation revocation proceeding does not violate the defendant's constitutional right to counsel because the process of
probation revocation is not a critical stage of a criminal prosecution.

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.

Fairville Township v. Wells Cty. Water Resource District 2025 ND 209
Docket No.: 20250255
Filing Date: 12/18/2025
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Section 61-16.1-51, N.D.C.C., does not authorize water resource boards to assess their costs against governing bodies not acting as a landowner.

State v. Hamilton 2025 ND 224
Docket No.: 20250307
Filing Date: 12/18/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The district court's order removing a condition from the defendant's criminal judgment that required money from his prison account to be applied to his child support obligations is summarily affirmed under N.D.R.App.P. 35.1(a)(4).