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  • Commentaries
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North Dakota Case Commentaries

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,...
No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60

No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60

Date: Mar 29, 2025
No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60 Introduction In State v. Gomez, 2025 ND 60, the North Dakota Supreme Court reaffirmed two...
No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans

No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans

Date: Mar 29, 2025
No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans Introduction In Hoff v. City of...
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Date: Mar 21, 2025
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims Commentary on State v....
Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property

Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property

Date: Mar 11, 2025
Equitable Property Distribution in Long-Term Marriages: Inheritance and the Sale of Marital Real Property Introduction This case, Sharon Ceynar, Plaintiff and Appellee v. William Ceynar, Defendant...
Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations

Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations

Date: Mar 7, 2025
Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations Introduction In the case of Nathan Zent, Appellant v. North Dakota Department of Health and...
Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms

Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms

Date: Feb 19, 2025
Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms Introduction The Judgment in Gravity Oilfield Services, LLC v. Valence Natural Gas Solutions LLC...
Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation

Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation

Date: Feb 19, 2025
Redistribution of Trust Assets Proportionate to Specific Distributions: A New Precedent in Trust Interpretation Introduction This commentary examines the recent decision in the case of In the Matter...
Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent

Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent

Date: Feb 19, 2025
Reaffirming the Burden of Proof in Ineffective Assistance Claims: The Cory Allen Almklov Precedent Introduction In the case of Cory Allen Almklov v. State (2025 N.D. 27), the Supreme Court of North...
Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights

Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights

Date: Feb 19, 2025
Affirming Active Efforts under ICWA: A New Standard in Termination of Parental Rights Introduction The Judgment in In the Interest of B.V., a child v. B.V., a child; L.T., mother represents a...
Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent

Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent

Date: Feb 19, 2025
Clarifying Equitable Distribution and Spousal Support in Domestic Violence Context: The Walden Precedent Introduction The case of Kristine Gail Walden v. Shay Alan Walden, decided on February 13,...
Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State

Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State

Date: Feb 19, 2025
Refining the Standard for Ineffective Assistance and Hearsay in Child Sexual Abuse Cases: Edwards v. State Introduction The case of Coby Edwards, Petitioner and Appellant v. State of North Dakota,...
New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity

New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity

Date: Feb 19, 2025
New Precedent: Rescission Rights Under N.D.C.C. § 14-01-02 for Contracts Executed Prior to Judicial Determination of Incapacity Introduction The case of Jared Peterka, Plaintiff and Appellant, v....
Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence

Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence

Date: Feb 19, 2025
Establishing Rigorous Findings for Upward Deviations in Child Support: Recurring Capital Gains, Trust Income, and Expert Evidence Introduction In the case of Brett Michael Kingstone v. Trisa Ranae...
Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier

Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier

Date: Feb 19, 2025
Clarifying the Role of Reliable Financial Evidence in Child Support Modifications: A Commentary on State v. Carrier Introduction This commentary examines the recent decision in State of North Dakota,...
“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests

“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests

Date: Feb 19, 2025
“The 20-Minute Test Rule”: A New Benchmark for Fair Administration of Intoxilyzer Breath Tests Introduction In the case of Cailin Leann Gackle v. North Dakota Department of Transportation (2025 N.D....
Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88

Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88

Date: Feb 19, 2025
Reaffirming Dissenting Shareholders' Payment Rights: A Landmark Interpretation of N.D.C.C. § 10-19.1-88 Introduction The case of Michael Bullinger, Plaintiff and Appellant v. Sundog Interactive,...
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