State v. Berkley (2025 ND 134): Clarification of Judicial Discretion in Ordering Registration as an “Offender Against Children” 1. Introduction In State v. Berkley, 2025 ND 134, the North Dakota...
State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte Introduction State v. Kennedy, 2025 ND 130, presented the North Dakota...
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02 Introduction In State v. Solomon, 2025 ND 133, the North Dakota Supreme Court was asked to decide...
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual Introduction In WSI v. Boechler, 2025 ND 132, the North Dakota Supreme...
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief Introduction Bazile v....
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction Citation: Equinor Energy v. North Dakota Industrial...
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders Comprehensive Commentary on Fagnon v. Ngaima, 2025 ND 122 (N.D. Sup. Ct.) 1. Introduction The North Dakota...
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief Introduction Gomez v. State, 2025 ND 125, is the...
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127) 1. Introduction In Interest of...
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120 1. Introduction The North Dakota Supreme Court’s decision in Sanda v....
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121 1. Introduction Parties: Kristina M. Toppenberg...
Reaffirming the Primacy of “No-Waiver” Clauses in Planned Communities: Carpenter v. Southbay Homeowners Association, 2025 ND 114 Introduction Background. KJ Carpenter purchased a vacant lot in the...
Roth v. Meyer – The North Dakota Supreme Court Re-entrenches the “Special Rigor” Standard for Adverse Possession Among Family Members and Rejects Subjective Belief & Recorded Mortgages as Proof of...
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
Clarifying Economic Misconduct: Excluding Potential Income from Marital Estate Introduction Van Beek v. Van Beek, 2025 ND 96, is a Supreme Court of North Dakota decision handed down on May 22, 2025....
Functional Waiver of Right to Counsel Under Sixth Amendment Affirmed in State v. Lewellyn Introduction The Supreme Court of North Dakota’s decision in State v. Lewellyn, 2025 ND 98, addresses the...
Severson v. Gupta: Defining the Limits of the “Obvious Occurrence” Exception and Amendment Standards in North Dakota Medical Malpractice Claims Introduction In Severson v. Gupta, 2025 ND 101, the...
Holm v. Holm (2025 ND 100): Discretionary Discovery Sanctions and Statutory Valuation Date Clarified Introduction Holm v. Holm, 2025 ND 100 (N.D. May 22, 2025), is a Supreme Court of North Dakota...
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91) Introduction State of North Dakota v. Jesse Taylor, Jr. arose from a transfer of a juvenile...