State v. Martinez and the Discretionary Substitution of Jurors under N.D.R.Crim.P. 24(c)(1) Introduction In State v. Martinez, 2025 ND 204, the North Dakota Supreme Court addressed an increasingly...
Facial Vagueness, Natural Rights, and the Four‑Vote Rule: Commentary on Access Independent Health Services, Inc. v. Wrigley, 2025 ND 199 I. Introduction The North Dakota Supreme Court’s decision in...
Limits on Delegating Parenting Time Decisions to Therapists in North Dakota: A Commentary on Boyda v. Boyda, 2025 ND 193 I. Introduction The North Dakota Supreme Court’s decision in Boyda v. Boyda,...
Domestic Violence Without Expiration: Clemenson v. Clemenson and the Scope of North Dakota’s Custody Presumption I. Introduction In Clemenson v. Clemenson, 2025 ND 195, the North Dakota Supreme Court...
Isolated Parental DUI and the “Material Change in Circumstances” Threshold in North Dakota Custody Law: A Comprehensive Commentary on Johnson v. Staiger, 2025 ND 198 I. Introduction Johnson v....
State v. Gores (2025 ND 194): Forcible Resistance, the Duty to Inform, and “Willful” Domestic Violence in North Dakota Law I. Introduction In State v. Gores, 2025 ND 194, the North Dakota Supreme...
State v. Vetter: Defining “Tumultuous” Disorderly Conduct and Preserving Constitutional Claims Under N.D.C.C. § 12.1‑31‑01 I. Introduction In State v. Vetter, 2025 ND 197, the North Dakota Supreme...
Silent Counts Are Illegal: Oral Pronouncement Required for Each Count at Probation Revocation; Collateral Challenges to Convictions Must Proceed via Postconviction Relief — State v. Miller, 2025 ND...
IIED Claims Predicated on Medical Judgments Require Expert Affidavits; “Obvious Occurrence” Exception Does Not Reach Discharge and Pain‑Management Decisions — Commentary on McMahon v. Sanford, 2025...
Smith v. State: No Per Se Strickland Prejudice from 404(b) Errors; Contextual Prejudice Analysis and Record Supplementation Required Introduction In Smith v. State, 2025 ND 189 (N.D. Nov. 5, 2025),...
Playback of Evidence During Deliberations Must Occur in Open Court: Closure Violates the Public Trial Right — State v. Barrett, 2025 ND 186 Introduction In State v. Barrett, 2025 ND 186, the North...
Consecutive Misdemeanor Sentences Permitted When Offenses Target Different Victims on Different Dates: State v. Cotton (2025 ND 191) Court: Supreme Court of North Dakota Date: November 5, 2025...
Parole Practices Cannot Create an Illegal Mandatory Minimum from Lawful Consecutive Sentences: State v. Wallette, 2025 ND 190 Introduction In State v. Wallette, 2025 ND 190, the North Dakota Supreme...
State v. Watterud: Pattern Child-Testimony Can Sustain Multi-Year GSI Counts; Open-Court Playback During Deliberations Requires Proof of Actual Prejudice for Mistrial Court: Supreme Court of North...
State v. Wilson: Calibrating Waiver-of-Counsel Advisements at Probation Revocation—No Sixth Amendment Right; Tailored Warnings Under Rule 32(f)(3)(A)(iii) Suffice Court: Supreme Court of North Dakota...
Eviction After Statutory Contract‑for‑Deed Cancellation: North Dakota Affirms Posted Service and Strict Nonjoinability in Summary Proceedings — Cache Private Capital Diversified Fund v. Braddock...
Serious Difficulty Controlling Behavior Proven by Treatment Refusal and Institutional Misconduct, with Expert Nexus; Negative Inference from Absent Independent Expert Affirmed Introduction In...
State v. King (2025 ND 174): Clarifying the Dual “True Threat” Standard for Terrorizing and Cabining Overbreadth in As-Applied Challenges Under Obvious-Error Review Introduction In State v. King,...
Mandatory Credit for Voluntary Prejudgment Child Support Payments in North Dakota Commentary on Sutherby v. Astanina, 2025 ND 166 (N.D. Oct. 22, 2025) Introduction In Sutherby v. Astanina, the North...
Hoff (2025 ND 164): Conclusory Crane Findings Are Insufficient—District Courts Must Articulate a Specific, Evidence-Based Nexus Between Disorder and Inability to Control Introduction This North...