North Dakota Case Commentaries

State v. Boynton (2026 ND 120): A Guilty Plea to “False Information to Law Enforcement” Requires an On-the-Record Factual Basis for Materiality

Date: Jun 26, 2026

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...

Competitive-Bidding Disputes Are Reviewable After Project Completion Under the Public-Interest Mootness Exception; Trade Associations Have Standing to Pre-Enforce Challenge Municipal Ordinances Threatening Members

Date: Jun 26, 2026

Competitive-Bidding Disputes Are Reviewable After Project Completion Under the Public-Interest Mootness Exception; Trade Associations Have Standing to Pre-Enforce Challenge Municipal Ordinances...

Judicial Estoppel Does Not Bar WSI’s Statutory Subrogation Under N.D.C.C. § 65-01-09

Date: Jun 26, 2026

Judicial Estoppel Does Not Bar WSI’s Statutory Subrogation Under N.D.C.C. § 65-01-09 Case: Moos v. WSI, 2026 ND 119 (N.D. June 25, 2026) 1. Introduction In Moos v. WSI, the North Dakota Supreme Court...

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions

Date: Jun 26, 2026

Statutory Zoning Appeal Is the Exclusive Remedy for Procedural and Conflict-of-Interest Challenges to County Rezoning Decisions 1. Introduction Case: Danduran v. Eddy Cty. Zoning Bd., 2026 ND 125...

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous

Date: Jun 5, 2026

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous Commentary on Sanderson v. Demers, 2026 ND 113 (N.D....

Berger v. Berger (2026 ND 110): Res Judicata Bars Successive Postjudgment Enforcement Motions Re-Litigating Compliance Absent New Facts

Date: Jun 5, 2026

Res Judicata Bars Successive Postjudgment Motions Re-Litigating “Compliance” with a Property-Distribution Judgment Absent New Facts Case: Berger v. Berger, 2026 ND 110 (N.D. June 4, 2026) Court:...

Oral Assumption of Debt Between Debtor and Third Party Is Not Barred by N.D.C.C. § 9-06-04(2) or (5)

Date: Jun 5, 2026

Oral Assumption of Debt Between Debtor and Third Party Is Not Barred by N.D.C.C. § 9-06-04(2) or (5) Case: Hofer v. Paulson, 2026 ND 111 (N.D. June 4, 2026) 1. Introduction Hofer v. Paulson arose out...

Administrative Res Judicata Does Not Bar a Workers’ Compensation “Acceleration” Claim Until Benefits Are Terminated and the Dispute Is Ripe

Date: Jun 5, 2026

Administrative Res Judicata Does Not Bar a Workers’ Compensation “Acceleration” Claim Until Benefits Are Terminated and the Dispute Is Ripe 1. Introduction In WSI v. Jones, 2026 ND 115, the North...

Petition of Dansdill (2026 ND 109): Pro Hac Vice Deadline Violations as Unauthorized Practice Under N.D.R. Prof. Conduct 5.5(a)

Date: Jun 5, 2026

Pro Hac Vice Rule 3(A)(2) Noncompliance Constitutes Unauthorized Practice Under N.D.R. Prof. Conduct 5.5(a) I. Introduction Petition of Dansdill, 2026 ND 109, is a North Dakota Supreme Court...

Pre-Dispositional Bail No-Contact Conditions Are Not Punishable as “Temporary Restraining Orders” Under N.D.C.C. § 12.1-10-05(1)

Date: Jun 5, 2026

Pre-Dispositional Bail No-Contact Conditions Are Not Punishable as “Temporary Restraining Orders” Under N.D.C.C. § 12.1-10-05(1) Case: State v. Ferrell, 2026 ND 112 Court: Supreme Court of North...

State v. Rademacher (2026 ND 107): Presumptive Probation Requires Record-Based, Statute-Textual Aggravator Findings—Driving Alone Is Not “Trust/Responsibility,” and “Age and Vulnerability” Is Conjunctive

Date: May 28, 2026

State v. Rademacher (2026 ND 107): Presumptive Probation Requires Record-Based, Statute-Textual Aggravator Findings—Driving Alone Is Not “Trust/Responsibility,” and “Age and Vulnerability” Is...

Verified Allegations May State a Postconviction Claim, but Summary Disposition Requires Competent Evidence of Strickland Prejudice

Date: May 23, 2026

Verified Allegations May State a Postconviction Claim, but Summary Disposition Requires Competent Evidence of Strickland Prejudice Case: Reller v. State, 2026 ND 106 (N.D. May 22, 2026) Court:...

Stop Signs Do Not Reset the 100-Foot Turn-Signal Requirement Under N.D.C.C. § 39-10-38(2)

Date: May 23, 2026

Stop Signs Do Not Reset the 100-Foot Turn-Signal Requirement Under N.D.C.C. § 39-10-38(2) I. Introduction In Porteus v. NDDOT, 2026 ND 103, the North Dakota Supreme Court reviewed an administrative...

State v. Baker (2026 ND 101): Merger of Attempted GSI into Completed GSI Absent Act-Specific Verdicts; No County-Jail Good Time Eligibility Before Sentencing

Date: May 23, 2026

State v. Baker (2026 ND 101): Merger of Attempted GSI into Completed GSI Absent Act-Specific Verdicts; No County-Jail Good Time Eligibility Before Sentencing 1. Introduction In State v. Baker, 2026...

Mandate Rule Enforcement: Inconsistent Remand Findings and Unexplained Parenting-Time/Tax Rationales Require Reversal and Reassignment

Date: May 23, 2026

Mandate Rule Enforcement: Inconsistent Remand Findings and Unexplained Parenting-Time/Tax Rationales Require Reversal and Reassignment I. Introduction Shively v. Shively, 2026 ND 105 is the North...

State v. Hernandez (2026 ND 95): Future-Tense, Post-Refusal Lawyer References Do Not Trigger Baillie’s Chemical-Test Counsel Opportunity

Date: May 8, 2026

State v. Hernandez (2026 ND 95): Future-Tense, Post-Refusal Lawyer References Do Not Trigger Baillie’s Chemical-Test Counsel Opportunity Court: Supreme Court of North Dakota Date: May 7, 2026...

State v. Leland (2026 ND 99) Commentary

Date: May 8, 2026

Government Lots on Navigable Rivers Are Bounded by the River (Not the State Line): State Retains Title to In‑Channel Island Accretions That Later Attach to Shore Case: State v. Leland, 2026 ND 99...

Trade Usage and Post-Abandonment Conduct Can Prove an Oral Subcontract; Conversion Counterclaims Fail Without Specific Proof of Value and Wrongful Control

Date: May 8, 2026

Trade Usage and Post-Abandonment Conduct Can Prove an Oral Subcontract; Conversion Counterclaims Fail Without Specific Proof of Value and Wrongful Control I. Introduction In Lepird Drywall, LLC d/b/a...

Journalist Shield Statute: In Camera Review May Precede Grand Forks Herald Balancing, But Criminal-Case Prerequisites Must Be Addressed

Date: May 8, 2026

Journalist Shield Statute: In Camera Review May Precede Grand Forks Herald Balancing, But Criminal-Case Prerequisites Must Be Addressed 1. Introduction In BEK Communications v. El-Dweek, 2026 ND 98,...

North Dakota Recognizes Inherent Power to Enjoin Collateral Foreign “Manifestly Unfounded” (Anti-SLAPP) Attacks on Its Proceedings

Date: May 8, 2026

North Dakota Recognizes Inherent Power to Enjoin Collateral Foreign “Manifestly Unfounded” (Anti-SLAPP) Attacks on Its Proceedings 1. Introduction Energy Transfer v. Gion, 2026 ND 93 arises from...