Strategic Open-Plea Advice Is Not Ineffective Assistance Absent Unreasonableness; Unpreserved Rule 43 Claims Are Not Reviewed 1. Introduction In Paola v. State, 2026 ND 151, Tayven Lynn Paola sought...
Stipulated Post-Hearing Income Submissions Permit Supplemental Evidence, but Income Imputation Requires a Purpose Finding and Effective-Date Explanation 1. Introduction Childers v. Childers, 2026 ND...
Probation Revocation Hearings Require On-the-Record Two-Step Waiver of Counsel (and Continuances Must Be Reasoned When Counsel Is at Stake) 1. Introduction In State v. Eastgate, 2026 ND 147, the...
Restitution May Include Victim’s Investigation Costs and Unwithheld Employee Benefit Premiums as “Direct Result” Losses Under N.D.C.C. § 12.1-32-08(4) 1. Introduction In State v. Engelking, 2026 ND...
Oral Notice Alone Satisfies N.D.R.Juv.P. 10(b)(1) for Default Termination; Voluntary Appearance Waives Summons-Based Personal Jurisdiction Objections I. Introduction Case: Interest of B.W., 2026 ND...
Oral On-the-Record Notice Satisfies Juvenile Procedure for Continued Hearings; ICWA QEW Testimony May Reflect Tribe’s Staffed Opinion Without Losing Evidentiary Force Case: Interest of K.B., 2026 ND...
State v. Fox (2026 ND 148): Rule 412 Bars Sexually Explicit “Motive” Evidence When Discipline-Based Bias Can Be Explored Without Sexual Details 1. Introduction In State v. Fox, the Supreme Court of...
Standing to Appeal a PSC CPCN Requires Participation During the Agency Proceeding; Publication Notice Defeats “Good Cause” for Post-Hoc Intervention Case: Wano Township v. North Dakota Public Service...
State v. Quam (2026 ND 145): Admissions of Underage-Targeted Searches and In-Home Viewing Establish Probable Cause and Nexus for CSAM Residence Warrants 1. Introduction In State v. Quam, the North...
Disability Tolling Applies to Wrongful-Death Limitations; Federal “Without Prejudice” Dismissal Defeats Res Judicata Case: L.G.L. v. County of Cass, 2026 ND 136 (N.D. July 9, 2026) Court: Supreme...
Graduated Parenting Plans May Not Condition Out-of-State Parenting Time on Undefined “Substantial Progress” Determinations by an Unnamed Professional Without Judicial Oversight I. Introduction In...
Good-Faith Repair Efforts and Ordinary Litigation Activity Do Not Forfeit or Estop a Builder’s Statute-of-Limitations Defense; Homeowner’s Early Written Suspicion Establishes Inquiry Notice I....
Bright-Line Waiver Rule: In Non-Divorce Cases, Accepting Full Judgment Payment Without Reserving Appellate Issues Waives the Right to Appeal I. Introduction In Cowan v. Slann, 2026 ND 131, the North...
Strickland Prejudice After a Guilty Plea Requires a Showing That Going to Trial Would Have Been Rational 1. Introduction In Magana v. State, 2026 ND 141, the North Dakota Supreme Court affirmed the...
Incorporation of a Final Contempt Order into an Amended Judgment Does Not Restart the Appeal Period; Attorney’s Fees Awarded Under N.D.C.C. § 14-09-06.5 Are Appealable from the Amended Judgment 1....
State-Court Jurisdiction Over Private Federal Oil-and-Gas Lease Royalty Disputes; Waiver, Vexatious-Litigant Controls, and Frivolous-Appeal Sanctions 1. Introduction In White Star Royalty Co. v....
Registration-to-Do-Business Is Not Consent to Personal Jurisdiction in North Dakota (and Prior Dismissals Without Prejudice Do Not Create Jurisdictional Waiver) 1. Introduction Egan v. Metropolitan...
State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality I. Introduction In State v. Boynton, the North Dakota...
Dismissed-with-Prejudice, Joined Charges: Probable-Cause Affidavit Allegations May Be Considered at Sentencing Without Triggering the Pending-Charge Rule 1. Introduction In State v. Pope, 2026 ND...
Nonfinal Post-Divorce Redistribution Orders Are Not Appealable; Remedial Contempt Sanctions May Rest on Reasonable, Non-Precise Proof of Loss 1. Introduction Clooten v. Clooten, 2026 ND 126, arose...