New Opinions: Jan. 9
Interest of E.E. 2025 ND 11
Docket No.: 20240321
Filing Date: 1/9/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam
Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
Juneau v. State 2025 ND 13
Docket No.: 20240110
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan
Highlight: A sentence is imposed in an illegal manner if the sentencing court does not observe rules or statutes providing procedural safeguards.
When an applicant seeks to withdraw a guilty plea in an application for postconviction relief, the application is treated as one made under N.D.R.Crim.P. 11(d), and the district court considers whether relief is necessary to correct a manifest injustice.
Rule 11 provisions are mandatory, and substantial compliance is required to ensure a defendant knowingly and voluntarily enters a guilty plea.
Windyboy v. State 2025 ND 15
Docket No.: 20240204
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Nelson v. Pine View First Addition Association 2025 ND 9
Docket No.: 20240160
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.
Highlight: A district court's order granting a motion to dismiss for lack of personal jurisdiction is reversed.
A court considers five factors when assessing whether a nonresident defendant has sufficient minimum contacts with North Dakota so the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice: (1) the nature and quality of a nonresident defendant's contacts with North Dakota; (2) the quantity of the nonresident defendant's contacts with North Dakota; (3) the relation of the cause of action to the contacts; (4) North Dakota's interest in providing a forum for its residents; and (5) the convenience of the parties. While the first three factors are of primary concern, the fourth and fifth factors are of only secondary importance and are not determinative.
Under N.D.R.Civ.P. 11(c)(5)(A), a district court shall not impose monetary sanctions against a represented party for violating Rule 11(b)(2).
A district court abuses its discretion by denying a party's motion for attorney's fees when the party prevails on a Rule 11 motion that is contrary to the plain language of Rule 11.
Hollingsworth v. Hollingsworth 2025 ND 8
Docket No.: 20240161
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Divorce
Author: Crothers, Daniel John
Highlight: An unequal property distribution must be adequately explained by the district court.
Valuation of marital assets must be within the range of evidence presented.
A district court must apply the Ruff-Fischer guidelines when determining property distribution and spousal support in a divorce proceeding.
The proper remedy for unfair surprise is a continuance.
Glaum v. Woodrow 2025 ND 7
Docket No.: 20240153
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Other
Author: Per Curiam
Highlight: A district court judgment dismissing a civil case is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of R.S. 2025 ND 5
Docket No.: 20240341
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam
Highlight: A district court's continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Estate of Moe 2025 ND 14
Docket No.: 20240197
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan
Highlight: Reformation of a will is an equitable remedy designed to give effect to the testator's intention and to prevent unjust enrichment.
When the court is determining whether to reform the terms of a will, the relevant inquiry is the testator's intention at the time the testator executed the will.
In reformation cases, a court may consider direct evidence and relevant extrinsic evidence as it pertains to the testator's intention at the time of execution. Post-execution evidence must relate to the testator's intent at the time of execution
Reile v. WSI, et. al. 2025 ND 6
Docket No.: 20240135
Filing Date: 1/9/2025
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John
Highlight: The authority of an administrative agency to adopt administrative rules is authority delegated by the legislative assembly. A properly promulgated regulation has the force and effect of law. A regulation that exceeds or supersedes an agency's statutory authority or conflicts with the statute it implements is invalid. The rationale for this principle is that allowing an administrative agency to promulgate rules that include substantive matters not included in the statute under which it is acting constitutes an improper delegation of legislative power. The legislature has not specifically authorized WSI to promulgate rules regulating the proof required to establish compensability for a mental or psychological condition. WSI exceeded its authority when it promulgated a rule imposing specific burdens and limitations not present in the statute the rule implements.
Poseley v. Homer Township, et al. 2025 ND 4
Docket No.: 20240174
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair
Highlight: A judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).
An aggrieved party must appeal a local governing body's decision rather than seek injunctive or declaratory relief against the enforcement of the decision.
Under N.D.R.Civ.P. 54(e)(2), a claim for attorney's fees not determined by the judgment must be made by motion within 21 days after notice of entry of judgment.
State v. Thompson 2025 ND 3
Docket No.: 20240117
Filing Date: 1/9/2025
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair
Highlight: A district court may exclude otherwise relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice or confusing the issues. A court's power to exclude relevant evidence should be exercised sparingly.
Issues not raised or considered in the district court cannot be raised for the first time on appeal. However, newly raised issues may be addressed on appeal if the issue rises to the level of obvious error. The discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error need not be exercised, because it is the defendant's burden to show an obvious error that affects a substantial right.
The scope of cross-examination is within the district court's discretion, the propriety of which will not be disturbed on appeal absent an abuse of discretion. Reasonable limits may be placed on a defendant's cross-examination, including the exclusion of irrelevant evidence.
State v. Greene 2025 ND 10
Docket No.: 20240128
Filing Date: 1/9/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.
Highlight: A criminal judgment entered after a defendant pleaded guilty to eleven sexual offenses is affirmed.
Generally, an open plea waives all non-jurisdictional claims and defenses, including multiplicity challenges.
Only in an extraordinary case will a sentence for a term of imprisonment within the statutory sentencing limits violate the Eighth Amendment's prohibition against cruel and unusual punishments.
Tiah v. State 2025 ND 2
Docket No.: 20240216
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Tiah v. State 2025 ND 2
Docket No.: 20240217
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Tiah v. State 2025 ND 2
Docket No.: 20240218
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Caspers 2025 ND 1
Docket No.: 20240124
Filing Date: 1/9/2025
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.
Highlight: Under N.D.C.C. § 12.1-32-06.1, a defendant cannot be ordered to a third period of probation. The statute allows for an initial period of probation and one additional period of probation not to exceed five years.
A district court order denying in part a motion for reduced sentence is affirmed.
State v. Woodman 2025 ND 12
Docket No.: 20240037
Filing Date: 1/9/2025
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan
Highlight: Obvious error review consists of determining whether (1) there was an error, (2) that was plain, and (3) that affected a party's substantial rights. Obvious error review is applied only to prevent an unjust conviction, or the exceptional situations where the defendant has suffered serious injustice.
When a defendant fails to object to a proposed instruction properly, or fails to specifically request an instruction or object to the omission of an instruction, the issue is not adequately preserved for appellate review and our inquiry is limited to whether the jury instructions constitute obvious error affecting substantial rights.
When prosecutorial misconduct is raised for the first time on appeal, review is limited to determining whether the prosecutor's conduct prejudicially affected the defendant's substantial rights, so as to deprive the defendant of a fair trial.
Review on appeal of a sentence is generally confined to whether the district court acted within the statutory sentencing limits or substantially relied on an impermissible factor.
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