New Opinions: Jan. 29, 2026

State v. Vasquez 2026 ND 9
Docket No.: 20250314
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Bahr, Douglas Alan

Highlight: Rule 11(a)(2), N.D.R.Crim.P., addresses conditional guilty pleas and requires: (1) the defendant, any defendant's attorney, and the prosecuting attorney consent in writing to the conditional plea; (2) the court accept the conditional plea and enter an order; and (3) the judgment specify the plea is conditional.

Temporary remand is warranted for the district court's determination whether the plea was conditional and, if so, entry of an order and judgment consistent with the requirements of N.D.R.Crim.P. 11(a)(2).

Cull v. Cull 2026 ND 10
Docket No.: 20250303
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Parenting Responsibility
Author: Bahr, Douglas Alan

Highlight: The use of extended family members for childcare does not amount to a material change in circumstances unless it can be shown the arrangement has a detrimental effect on the children.

A moving party must present competent evidence establishing a causal connection between alleged problems and the other parent's parenting. Merely alleging without support that problems stem from the other parent's parenting style is insufficient to establish a material change of circumstances.

An isolated incident does not automatically mandate a finding of material change in circumstances, even when the incident involves potential endangerment to a child's physical or mental health.

State v. Lais 2026 ND 12
Docket No.: 20250231
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Child Abuse/Child Neglect
Author: Jensen, Jon J.

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Olson 2026 ND 8
Docket No.: 20250264
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Bahr, Douglas Alan

Highlight: Appellate briefs must include references to the record and must cite to the record showing that issues were preserved for review. This Court will not consider arguments that are not adequately articulated, supported, and briefed, and will not engage in unassisted searches of the record for evidence to support a party's position.

An information may be amended any time before verdict if no additional or different offense is charged. An amendment expanding the date range of an alleged offense does not constitute charging a different or additional offense when the essential elements remain unchanged.

Section 12.1-02-02(2), N.D.C.C., is only applicable to Title 12.1, and the willful culpability level will not be read into other chapters unless the legislature specifically states as such.

Johnson v. State 2026 ND 15
Docket No.: 20250287
Filing Date: 1/29/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Highlight: Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court.

Rule 3, N.D.R.Civ.P., differs from Fed.R.Civ.P. 3, which requires filing of a complaint to commence an action.

Under N.D.R.Civ.P. 5, unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. Failure to file proof that the initiating pleading was filed is
subject to N.D.R.Civ.P. 61 harmless error analysis.

Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken in accordance with their official duties.

Prosecuting attorneys are considered quasi-judicial officers entitled to absolute immunity granted judges when their activities are intimately associated with the judicial phase of the criminal process.

The prevailing party of a frivolous action shall be awarded attorney's fees under N.D.C.C. § 28-26-01(2).

Highlight: A district court judgment denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Luetzen 2026 ND 13
Docket No.: 20250223
Filing Date: 1/29/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Individuals who have been convicted of certain felony offenses are prohibited from owning a firearm or having one in possession. Under N.D.C.C. § 62.1-01-01(11), to obtain a conviction based on constructive possession, the State must prove the person had the power and intention to exercise control. Actual possession, on the other hand, may be proven by establishing direct physical control. The offense is no longer exclusively a strict liability offense, but it also does not always require proof of intent.

Under N.D.C.C. § 62.1-01-01(3), a "firearm" is defined as any device that expels or is readily capable of expelling a projectile by the action of an explosive. This definition requires the State to prove a gun is functional. Direct evidence is not required; functionality may be proved by the surrounding facts and circumstances, including testimony from lay witnesses. Caselaw has not established a clear or obvious legal rule as to what constitutes sufficient evidence to prove a handgun is able to expel or readily capable of expelling a projectile.

Highlight: The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant. The location of a home's threshold is not always clear. Police may not enter a private enclosed entrance when there is a more direct alternative access designated for public use. An enclosed area may sometimes be the most direct access to a home's threshold and designated for public use.