New Opinions: October 15, 2026

Everett v. State 2026 ND 183
Docket No.: 20260188
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A judgment and order summarily dismissing an application for postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Highlight: When a district court's oral ruling and written order conflict, the written order controls. A district court abuses its discretion when its written order denying a motion to vacate a default judgment under N.D.R.Civ.P. 60(b)(1) adds requirements of diligence, prejudice, and good faith that the authorities it cites do not support. A district court that adopts a party's proposed order verbatim makes the order its own, including its citations and errors. When the court already has reason to question the drafting party's citations, signing the proposed order without first verifying it falls short of the rigorous analysis Rule 60(b) requires.

Highlight: A district court's amended judgment quieting title to real property is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (8).

Interest of D.V.A. 2026 ND 180
Docket No.: 20260131
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Highlight: In an appeal from a district court's distribution of marital property, a court must consider the Ruff-Fischer factors. The court's findings will not be disturbed unless the findings are clearly erroneous. A finding of fact is clearly erroneous only if it is induced by an erroneous view of the law, if there is no evidence to support a finding, or if, although there is some evidence to support it, on the entire evidence, a firm conviction exists that a mistake has been made.

A district court's decision to permit witness testimony is reviewed for an abuse of discretion. A court abuses its discretion when it acts arbitrarily, capriciously, or unreasonably, or when its decision is not the product of a rational mental
process or if it misinterprets or misapplies the law.

A district court did not err when it allowed witness testimony and equitably distributed the marital estate based on its analysis of the Ruff-Fischer factors.

Highlight: Before an aggrieved party can challenge the propriety of a discovery sanction which excludes evidence, the party must have made an offer of proof, demonstrating prejudice from the court's refusal to allow the evidence. Absent an offer of proof, the party fails to preserve the issue for appeal because this Court has no means to determine whether the exclusion of the evidence resulted in prejudice.

A district court judgment of divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Highlight: A district court judgment awarding primary responsibility of a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Highlight: A pre-filing order designating a vexatious litigant and an order awarding attorney's fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Cotton v. State 2026 ND 175
Docket No.: 20260165
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Cotton v. State 2026 ND 175
Docket No.: 20260166
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Cotton v. State 2026 ND 175
Docket No.: 20260167
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Cotton v. State 2026 ND 175
Docket No.: 20260168
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Caspers v. State 2026 ND 174
Docket No.: 20260111
Filing Date: 10/15/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: The denial of an application for postconviction relief is summarily affirmed pursuant to N.D.R.App.P. 35.1(a)(2) and (7).

State v. Krall 2026 ND 173
Docket No.: 20260149
Filing Date: 10/15/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily reversed under N.D.R.App.P. 35.1(b) due to the district court's failure to advise the defendant of the dangers and disadvantages of self-representation, and the case is remanded for further proceedings.

Highlight: A second amended judgment modifying child support obligations in a divorce proceeding is summarily affirmed under N.D.R.App.P. 35.1(a)(8), and the appellee's requested attorney's fees on appeal are awarded under N.D.R.App.P. 38.