New Opinions: Feb. 12, 2026

Highlight: A party does not have a right to appeal if there is no final judgment or order under N.D.C.C. § 28-27-01. A dismissal for lack of personal jurisdiction is presumed to be without prejudice.

Interest of D.G. 2026 ND 37
Docket No.: 20250432
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved.

To determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved.

Interest of D.G. 2026 ND 37
Docket No.: 20250433
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A juvenile court must comply with the Indian Child Welfare Act ("ICWA") in termination of parental rights proceedings where the court knows or has reason to know an Indian child is involved.

To determine whether ICWA applies in a termination of parental rights proceeding, a juvenile court must make an initial inquiry as to whether an Indian child is involved.

Highlight: An attorney at a public meeting explaining the legal position of a governing body did not waive the governing body's ability to enter an executive session.

A governing body can discuss the value requested by an adverse party without waiving the ability to discuss other adverse fiscal impacts in an executive session.

A party seeking disclosure of records withheld as exempt from open records laws does not have a due process right to participate in an in camera review or to access the records for the purpose of fully arguing why the party should have
access to them.

A district court abuses its discretion if it grants a public entity summary judgment dismissal of an open meetings violation claim without reviewing in camera the short executive session recording that the public entity claims is exempt from disclosure under the attorney consultation exemption.

State v. Landen 2026 ND 38
Docket No.: 20250305
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair

Highlight: A criminal judgment for a terrorizing conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Highlight: A criminal judgment entered after a jury convicted the defendant of simple assault on a correctional officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Davis v. State 2026 ND 42
Docket No.: 20250319
Filing Date: 2/12/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).

Highlight: Arguments that are not adequately articulated, supported, and briefed on appeal are not considered and are deemed waived.

Parenting time between a parent without primary residential responsibility and a child is presumed to be in the child's best interests and that it is not merely a privilege of the parent, but a right of the child.

Parenting time should be restricted only upon a showing by a preponderance of the evidence that unrestricted parenting time is likely to endanger the child's physical or emotional health.

Highlight: To establish a due process violation based on pre-indictment delay, a defendant must demonstrate actual prejudice. Similarly, to establish a due process violation based upon the State's failure to preserve evidence, a defendant must demonstrate actual prejudice. When the State fails to preserve evidence that was at one point in the State's possession, a defendant must also present evidence of bad faith, meaning the State deliberately destroyed evidence with the intent to deprive the defense of information. Mere speculation that unpreserved evidence might have been exculpatory is not enough to show actual prejudice.

Highlight: The failure to display a license plate under Dickinson Municipal Code § 58-705 constituted a noncriminal violation.

The district court order did not clearly err in designating the defendant a vexatious litigant.

The required findings, filings, and notices for identification of a vexatious litigant provide sufficient procedural safeguards to prevent constitutional violations.

The citation to non-existent cases in an appellate brief is a violation of N.D.R.App.P. 28(l), which exposes the filing party to the imposition of sanctions for their misconduct.

Highlight: The district court's eviction judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (7) and (8).

State v. Reese 2026 ND 39
Docket No.: 20250161
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 12.1-32-02.1(1)(a), a term of imprisonment must be imposed when, in the course of committing an offense, the offender threatens another with imminent bodily injury using, or through the use or means of, a firearm.

Highlight: A district court can deviate upward from the presumptive child support guideline amount if it is in the best interest of a child and one or more of the enumerated criteria under N.D. Admin. Code § 75-02-04.1-09(2) is met. A district court's findings explaining why an upward deviation is in the best interest of a child, and explaining the amount of an upward deviation, are explicit enough if the Court is able to understand from them the factual basis for the district court's determination.

The mandate rule does not permit a party to relitigate issues which were resolved in a first appeal, and requires a district court to follow the pronouncements of an appellate court within the limits of a remand.

State v. Maher 2026 ND 35
Docket No.: 20250198
Filing Date: 2/12/2026
Case Type: Appeal - Criminal - Terrorizing
Author: McEvers, Lisa K. Fair

Highlight: This Court will only vacate a district court's sentencing decision if the court acted outside statutorily prescribed limits or substantially relied on an impermissible factor.

A district court may tailor probation conditions to each case's particular facts and circumstances as long as the conditions are reasonably necessary to ensure the defendant will lead a law-abiding life or to assist the defendant to do so.

The constitutional right to parent is not without limits. Courts may impose sentences that may conflict with a parenting order when imposing such sentence serves other penological interests.

Interest of S.M. 2026 ND 32
Docket No.: 20260006
Filing Date: 2/12/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).