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  • Commentaries
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North Dakota Case Commentaries

Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Date: May 9, 2025
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle Introduction Nagle v. Nagle, 2025 ND 94, is a landmark decision by the Supreme Court of North Dakota issued...
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Date: Apr 25, 2025
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87) Introduction Zittleman v. Bibler is a 2025 decision by the Supreme Court of North Dakota addressing two...
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Date: Apr 25, 2025
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests Introduction The Supreme Court of North Dakota’s decision in Skobodzinski v. NDDOT, 2025 ND 84, addresses...
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Date: Apr 25, 2025
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt Introduction The Supreme Court of North Dakota’s decision in Matter of Emelia Hirsch Trust, 2025 ND 79, confronts the tension...
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Date: Apr 25, 2025
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown Introduction State of North Dakota v. Taelor Brown (2025 ND 86) presents a critical...
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Date: Apr 25, 2025
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025) 1. Introduction The Supreme Court of North Dakota’s decision in...
Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests

Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests

Date: Apr 25, 2025
Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests Introduction Holte v. Rigby, 2025 ND 77 (N.D. 2025), arises from alleged misappropriation of trust income by...
Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence

Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence

Date: Apr 25, 2025
Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence Introduction In State v. Ziegler, 2025 ND 78, the Supreme Court of North Dakota confronted two central issues on appeal:...
Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges

Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges

Date: Apr 25, 2025
Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges Introduction In State v. Lafromboise, 2025 ND 81, the Supreme Court of North Dakota clarified the standard for...
Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution

Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution

Date: Apr 11, 2025
Mandating Reasoned and Specific Findings in Child Custody, Parenting Time, and Equitable Property Distribution Introduction The Supreme Court of North Dakota’s decision in Shively v. Shively, 2025 ND...
Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications

Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications

Date: Apr 11, 2025
Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications Introduction In Kinden v. Kinden, 2025 ND 68, the Supreme Court of North...
Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones

Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones

Date: Apr 11, 2025
Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones Introduction In WSI v. Jones, 2025 ND 74, the Supreme Court of North Dakota addressed a recurring procedural...
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Date: Apr 11, 2025
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75 Introduction In State v. Allman, 2025 ND 75, the Supreme Court of North Dakota addressed...
Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless

Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless

Date: Mar 29, 2025
Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless Introduction In Byrd v. State, the...
State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota

State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota

Date: Mar 29, 2025
State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota Introduction In State v. Littleghost, 2025 ND 65...
Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases

Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases

Date: Mar 29, 2025
Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases Introduction In Killoran v....
Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims

Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims

Date: Mar 29, 2025
Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims Introduction In...
Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal

Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal

Date: Mar 29, 2025
Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal Introduction In Estate of Kautzman, 2025 ND 57,...
State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings

State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings

Date: Mar 29, 2025
State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings Introduction In State...
Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones, 2025 ND 61 (N.D. 2025)

Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones, 2025 ND 61 (N.D. 2025)

Date: Mar 29, 2025
Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones,...
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