North Dakota Supreme Court Decisions 2013
Date: December 26, 2013
Citation: 2013 ND 253
Docket Number: 20130110
Justia Opinion Summary: Several landowners whose land abuts navigable waters appealed the grant of summary judgments in favor of the State. The judgment held that the State owned the mineral interests under the land in the shore zone. Upon…
Date: December 26, 2013
Citation: 2013 ND 252
Docket Number: 20130159
Justia Opinion Summary: The State appealed a trial court's order granting Matthew Nguyen's motion to suppress evidence. Nguyen was prosecuted for possession of marijuana with intent to deliver and drug paraphernalia. The Supreme Court held that…
Date: December 23, 2013
Citation: 2013 ND 250
Docket Numbers: 20130288, 20130289
Date: December 19, 2013
Citation: 2013 ND 246
Docket Number: 20120447
Justia Opinion Summary: Tydise Peltier appealed an amended criminal judgment of conviction and a district court judgment dismissing in part his application for post-conviction relief and amending the criminal judgment and sentence in his case.…
Date: December 19, 2013
Citation: 2013 ND 244
Docket Number: 20130008
Date: December 19, 2013
Citations: 2013 ND 237, 840 N.W.2d 233
Docket Number: 20130095
Justia Opinion Summary: Gary Houim appealed an order denying his motion to modify residential responsibility for a child he had with Clara Ann Thompson (f/k/a Engh). Upon review, the Supreme Court concluded Houim's affidavit and supporting…
Date: December 19, 2013
Citations: 2013 ND 239, 840 N.W.2d 589
Docket Number: 20130096
Justia Opinion Summary: Wayne Otto appealed after the district court denied his motion to suppress evidence obtained during a warrantless search of a camper. He entered a conditional plea of guilty. Upon review, the Supreme Court affirmed the…
Date: December 19, 2013
Citations: 2013 ND 249, 840 N.W.2d 596
Docket Number: 20130098
Justia Opinion Summary: Esteban Dominguez appealed a district court order denying his application for post-conviction relief. Dominguez argued his attempted murder conviction as illegal because N.D.C.C. 12.1-16-01(1)(b) could not be the…
Date: December 19, 2013
Citations: 2013 ND 240, 840 N.W.2d 605
Docket Number: 20130113
Justia Opinion Summary: Sulejman Bahtiraj appealed a district court's order denying his application for post-conviction relief. He was convicted after pleading guilty to a burglary charge. Upon review of the matter, the Supreme Court held that…
Date: December 19, 2013
Citations: 2013 ND 245, 840 N.W.2d 613
Docket Number: 20130129
Justia Opinion Summary: Albert Krueger appealed trial court orders finding him in contempt of court for willfully failing to pay his spousal support obligation to Shirley Krueger and denying his motion to modify the divorce judgment. Upon…
Date: December 19, 2013
Citations: 2013 ND 236, 840 N.W.2d 620
Docket Number: 20130141
Justia Opinion Summary: Andrew Canfield appealed district court judgments entered upon conviction of four drug related offenses. He also appealed another order denying his motion to suppress evidence found during a search of his dormitory room.…
Date: December 19, 2013
Citations: 2013 ND 238, 840 N.W.2d 625
Docket Number: 20130150
Justia Opinion Summary: Billy Joe Kinsella appealed a district court judgment denying his application for post-conviction relief. In 2010, a jury convicted Kinsella of sexually assaulting his sixteen-year-old stepdaughter, S.B. Evidence at the…
Date: December 19, 2013
Citations: 2013 ND 248, 840 N.W.2d 636
Docket Number: 20130156
Justia Opinion Summary: Eugene and Charlene Guthmiller appealed a district court judgment finding an option agreement should have been honored, allowing Guthmiller Farms, LLP and Jeremy Guthmiller to each purchase by contract for deed an…
Date: December 19, 2013
Citations: 2013 ND 247, 840 N.W.2d 641
Docket Number: 20130174
Justia Opinion Summary: A series of burglaries occurred over several months in Bismarck involving more than $65,000 in stolen property and property damage. D.O. is a juvenile thought to be involved with the crimes. While investigating D.O.'s…
Date: December 19, 2013
Citations: 2013 ND 242, 840 N.W.2d 651
Docket Number: 20130178
Justia Opinion Summary: B.B. appealed a trial court judgment establishing him as the father of the child, J.Z.T., and ordering him to reimburse the State for past support paid on behalf of the child and to pay future child support. The Supreme…
Date: December 19, 2013
Citations: 2013 ND 243, 840 N.W.2d 656
Docket Number: 20130184
Justia Opinion Summary: Mark Rath appealed an order denying his motion to hold Kayla Rath in contempt and denying his request that the district court judge recuse himself from the case. The parties were divorced in January 2013 and Kayla was…
Date: December 19, 2013
Citation: 2013 ND 234
Docket Number: 20130186
Justia Opinion Summary: Kawo Otis Flah appealed a district court order mandating forfeiture of a 2002 Dodge Intrepid. Because Flah's due process rights were violated when the notice to appear was mailed to his residential address rather than at…
Date: December 19, 2013
Citation: 2013 ND 235
Docket Number: 20130197
Justia Opinion Summary: Warren Parsons appealed a judgment affirming a Workforce Safety and Insurance Fund ("WSI") decision that denied his claim for workers' compensation benefits. Parsons applied for workers' compensation benefits from WSI,…
Date: December 19, 2013
Citation: 2013 ND 241
Docket Number: 20130238
Justia Opinion Summary: Richard Dahm appealed a district court judgment affirming the decision of the Stark County Board of County Commissioners to deny his application for a zoning change and a preliminary plat approval. After review of the…
Date: December 18, 2013
Citations: 2013 ND 227, 840 N.W.2d 588
Docket Number: 20130355
Date: December 16, 2013
Citation: 2013 ND 226
Docket Number: 20130185
Date: December 10, 2013
Citations: 2013 ND 225, 840 N.W.2d 115
Docket Number: 20130389
Date: December 4, 2013
Citations: 2013 ND 220, 840 N.W.2d 114
Docket Number: 20130249
Date: December 4, 2013
Citations: 2013 ND 221, 840 N.W.2d 111
Docket Numbers: 20130267, 20130273
Date: December 4, 2013
Citations: 2013 ND 222, 840 N.W.2d 109
Docket Number: 20130318
Date: November 25, 2013
Citation: 2013 ND 218
Docket Number: 20130003
Justia Opinion Summary: Earl and Harold Van Sickle appealed, and Hallmark & Associates, Inc., Frank Celeste, William R. Austin, Phoenix Energy, Bobby Lankford, and Earskine Williams, and Missouri Breaks, LLC, cross-appealed an amended judgment…
Date: November 25, 2013
Citation: 2013 ND 219
Docket Number: 20130056
Justia Opinion Summary: Patrick Wagner appealed the grant of summary judgment that held as a matter of law that his property was burdened by either an express or an implied roadway easement, and that dismissed his claims for injunctive relief…
Date: November 25, 2013
Citation: 2013 ND 217
Docket Number: 20130142
Justia Opinion Summary: Margaret Oakland appealed a district court order that granted summary judgment in favor of Bonnie Bowman, and Evan and Dayna Del Val. Oakland argued on appeal that her claim was not time-barred and equitable tolling…
Date: November 21, 2013
Citation: 2013 ND 215
Docket Number: 20120276
Justia Opinion Summary: Appellants Gary Puhr, Kristen Pfahl, Brad Schubert, and Brian Shubert appealed orders in consolidated probates of the estates of Lowell, Gust, and Anne Shubert approving a land sale by the estates' personal…
Date: November 21, 2013
Citation: 2013 ND 210
Docket Number: 20130116
Justia Opinion Summary: The North Dakota Department of Transportation appealed the district court's judgment reversing the administrative hearing officer's decision to suspend Dante Pesanti's driving privileges for 180 days for driving under…
Date: November 21, 2013
Citation: 2013 ND 212
Docket Number: 20130124
Justia Opinion Summary: Anna Holmes appealed a district court order denying an evidentiary hearing on her motion for change of custody. Because the Supreme Court concluded Holmes met her burden of establishing a prima facie case justifying…
Date: November 21, 2013
Citation: 2013 ND 216
Docket Number: 20130188
Justia Opinion Summary: Ford Motor Credit Company appealed a district court order dismissing its action to renew a prior judgment. Ford sued Jeremy Halvorson in Minnesota on a contract matter. A judgment was entered in Minnesota against…
Date: November 21, 2013
Citation: 2013 ND 200
Docket Number: 20130191
Justia Opinion Summary: Jason White appealed a district court order summarily affirming a municipal court judgment of conviction for disorderly conduct. White himself did not appear at a pre-trial hearing; his attorney did. Because the district…
Date: November 21, 2013
Citation: 2013 ND 214
Docket Number: 20130196
Justia Opinion Summary: Kevin Moore appealed a district court order summarily dismissing his third postconviction application, arguing his postconviction counsel provided ineffective assistance by failing to file a brief in support of his…
Date: November 21, 2013
Citation: 2013 ND 205
Docket Number: 20130231
Justia Opinion Summary: C.G. appealed a juvenile court judgment terminating his parental rights and directing him to pay child support for his son, C.N. C.G. argued that the juvenile court was clearly erroneous in finding C.N. was a deprived…
Date: November 21, 2013
Citation: 2013 ND 211
Docket Number: 20130287
Justia Opinion Summary: The biological father of a minor child appealed an order terminating his parental rights to the child and an order granting a petition for adoption of the child. The father argued he did not fail to communicate with and…
Date: October 30, 2013
Citation: 2013 ND 196
Docket Number: 20120443
Justia Opinion Summary: James Leach, IDA Marketing Corporation, and IDA of Moorhead Corporation appealed a judgment holding them jointly and severally liable to Reed Danuser for claims involving Danuser's termination as president and chief…
Date: October 30, 2013
Citation: 2013 ND 195
Docket Number: 20130121
Justia Opinion Summary: Gaylord Gene Evans appealed after a jury found him guilty of negligent homicide. Evans argued:(1) there was insufficient evidence to support the conviction; (2) that the district court permitted a lay witness to testify…
Date: October 22, 2013
Citation: 2013 ND 183
Docket Number: 20120374
Justia Opinion Summary: Richard Whitman appealed his conviction after a jury found him guilty of two counts of conspiracy to commit murder. Whitman argued the district court erred in allowing into evidence statements he made to law enforcement…
Date: October 22, 2013
Citation: 2013 ND 182
Docket Number: 20120379
Justia Opinion Summary: Korsiba Arot was charged in district court with three counts of gross sexual imposition for incidents that occurred in the summer of 2011, the latest of which occurred in August, 2011. Arot moved to dismiss the criminal…
Date: October 22, 2013
Citation: 2013 ND 184
Docket Number: 20120422
Justia Opinion Summary: Leron Howard appealed his conviction after a jury found him guilty of murder and criminal conspiracy. Howard argued the district court erred in directing a multi-county jury panel, and in denying his amended motion for…
Date: October 22, 2013
Citation: 2013 ND 188
Docket Number: 20120436
Justia Opinion Summary: Travis Samshal appealed his conviction after a jury found him guilty of reckless endangerment. After careful consideration of the trial court record, the Supreme Court concluded the district court erred in excluding…
Date: October 22, 2013
Citation: 2013 ND 192
Docket Number: 20120451
Justia Opinion Summary: Wayne Kukla appealed an amended judgment entered after the district court granted Roberta ("Bobbi") Marie Kukla's motion to amend and vacate a 2004 divorce judgment. Upon review of the facts of this case, the Supreme…
Date: October 22, 2013
Citation: 2013 ND 187
Docket Number: 20130011
Justia Opinion Summary: North Dakota Initiated Constitutional Measure 2, which would have abolished property taxes, was disapproved by the voters in the June 2012 primary election. Empower the Taxpayer ("Empower"), Charlene Nelson, and Robert…
Date: October 22, 2013
Citation: 2013 ND 191
Docket Number: 20130055
Justia Opinion Summary: Darl Hehn appealed an order denying his petition for discharge from civil commitment as a sexually dangerous individual and from an order delaying a hearing on a subsequent petition for discharge until twelve months had…
Date: October 22, 2013
Citation: 2013 ND 190
Docket Number: 20130093
Justia Opinion Summary: Larry Rubey appealed a district court order limiting the presentation of evidence at his discharge hearing and from a district court order denying his petition for discharge from civil commitment as a sexually dangerous…
Date: October 22, 2013
Citation: 2013 ND 189
Docket Number: 20130094
Justia Opinion Summary: In February 2003, the City of Marion brought a nuisance action against Larry Alber, seeking the removal and proper storage of abandoned vehicles on his property. In that case, the district court found the vehicles were a…
Date: October 22, 2013
Citation: 2013 ND 193
Docket Number: 20130101
Justia Opinion Summary: Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a…
Date: October 22, 2013
Citation: 2013 ND 185
Docket Number: 20130105
Justia Opinion Summary: Rick Rustad appealed a district court judgment granting him a divorce from Svetlana Rustad, awarding primary residential responsibility of the parties' minor child to Svetlana Rustad, distributing their marital property,…
Date: October 22, 2013
Citation: 2013 ND 186
Docket Number: 20130131
Justia Opinion Summary: Workforce Safety and Insurance ("WSI") appealed a district court's judgment reversing an administrative law judge's ("ALJ") order, which affirmed WSI's order denying Ronald Kershaw's work injury claim. Upon review of the…
Date: October 11, 2013
Citation: 2013 ND 176
Docket Number: 20130023
Justia Opinion Summary: Catherine Walstad appealed a district court memorandum opinion and order that reaffirmed its previous judgment requiring Richard Walstad to pay her $37,222.90 to equalize a property distribution after he intentionally…
Date: October 2, 2013
Citation: 2013 ND 175
Docket Number: 20130035
Justia Opinion Summary: Greggory Tank appealed a judgment quieting title to certain McKenzie County oil, gas and mineral interests in Debbora Rolla, the personal representative of the estate of George Tank. Because the district court did not…
Date: September 30, 2013
Citation: 2013 ND 174
Docket Number: 20120312
Justia Opinion Summary: Nathan Holte appealed a district court judgment that granted a divorce from Dawn Holte, distributed their property, and awarded Dawn spousal support. After careful consideration, the Supreme Court affirmed the spousal…
Date: September 25, 2013
Citation: 2013 ND 170
Docket Number: 20020254
Justia Opinion Summary: Stark County appealed the dismissal of its case against the defendant vehicle and third-party defendant Ryan Strozzi. Stark County Road Superintendent Al Heiser was notified that an excavating machine was being used in a…
Date: September 25, 2013
Citation: 2013 ND 168
Docket Number: 20120354
Justia Opinion Summary: This appeal arose from a quiet title action for mineral interests. Defendants-Appellants (Lyngstads) appealed the grant of summary judgment quieting title in the Plaintiffs-Appellees (Hallins) to a 2/3 interest of an…
Date: September 25, 2013
Citation: 2013 ND 173
Docket Number: 20130026
Justia Opinion Summary: Maria Seibold appealed a second amended judgment entered after the district court denied her motion to change primary residential responsibility of their minor child from Paul Leverington to her. After its review, the…
Date: September 25, 2013
Citation: 2013 ND 164
Docket Number: 20130032
Justia Opinion Summary: Wendy Rebel and Jesse Rebel were divorced in 2009 and have two minor children. In 2011, Jesse Rebel married Brandi Rebel. Jesse Rebel and Brandi Rebel appealed district court orders granting Wendy Rebel two-year…
Date: September 25, 2013
Citation: 2013 ND 169
Docket Number: 20130053
Justia Opinion Summary: McColl Farms, LLC appealed district court orders that dismissed its claims against Lisa Pflaum for unjust enrichment, misappropriation, racketeering, and conversion and ordering McColl Farms and its attorney to pay her…
Date: September 25, 2013
Citation: 2013 ND 172
Docket Number: 20130066
Justia Opinion Summary: Nicholas Baatz appealed an order that denied his second application for post-conviction relief. Upon review, the Supreme Court reversed and remanded the case back to the district court to address the merits of Baatz's…
Date: September 25, 2013
Citation: 2013 ND 167
Docket Number: 20130078
Justia Opinion Summary: Timothy Jenkins appealed a district court order that denied his motion to amend an amended divorce judgment to modify primary residential responsibility of the parties' children. Upon review, the Supreme Court concluded…
Date: September 25, 2013
Citation: 2013 ND 171
Docket Number: 20130090
Justia Opinion Summary: Matthew Graham appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual. After careful consideration, the Supreme Court reversed and remanded,…
Date: September 6, 2013
Citation: 2013 ND 160
Docket Number: 20120440
Justia Opinion Summary: Northern Grain Equipment, LLC entered into contracts with Thimjon Farms Partnership and Hagemeister Farms to construct grain-handling systems on their respective properties. Neither Thimjon nor Hagemeister were customers…
Date: September 4, 2013
Citation: 2013 ND 159
Docket Number: 20120432
Justia Opinion Summary: Elden and Rita Linderkamp appealed a judgment that required Elden Linderkamp to pay Four Season's Healthcare Center, Inc. for nursing home care provided to his parents, invalidating a contract for deed and warranty deed…
Date: September 3, 2013
Citation: 2013 ND 158
Docket Number: 20130075
Justia Opinion Summary: North Central Electric Cooperative appealed a district court judgment affirming a Public Service Commission order that dismissed its complaint against Otter Tail Power Company. The Commission decided it did not have…
Date: August 29, 2013
Citation: 2013 ND 156
Docket Number: 20120313
Justia Opinion Summary: Janet L. Brash, individually and as personal representative of the estate of Larry R. Brash, appealed judgment entered after a bench trial that dismissed her action against William M. Gulleson. We affirm. In the…
Date: August 29, 2013
Citation: 2013 ND 146
Docket Number: 20120364
Justia Opinion Summary: Jeremy Johnson appealed a district court order that committed him to the custody of the Department of Human Services as a sexually dangerous individual. Johnson argued the district court clearly erred by finding he had a…
Date: August 29, 2013
Citation: 2013 ND 141
Docket Number: 20120388
Justia Opinion Summary: Defendant-Appellant Cody Borner appealed his conviction after a jury found him guilty of two counts of conspiracy to commit murder. He argued the criminal information failed to charge him with the purported offense of…
Date: August 29, 2013
Citation: 2013 ND 142
Docket Number: 20120394
Justia Opinion Summary: Deborah Schiff appealed a district court judgment denying her spousal support. The district court noted the parties agreed to an equal split of the marital estate but disputed some values and which party should receive…
Date: August 29, 2013
Citation: 2013 ND 155
Docket Number: 20120395
Justia Opinion Summary: Ryan Zueger and William Nickel appealed their convictions after the district court denied their motions to suppress evidence and a jury found them guilty of conspiracy to deliver controlled synthetic cannabinoids. Upon…
Date: August 29, 2013
Citation: 2013 ND 152
Docket Number: 20120415
Justia Opinion Summary: Solid Comfort, Inc., appealed a judgment that awarded damages against Hatchett Hospitality, Inc., and that dismissed William Glen Hatchett ("Glen Hatchett"), Nu Horizon Renovation, LLC, and Hospitality Depot, LLC, for…
Date: August 29, 2013
Citation: 2013 ND 148
Docket Number: 20120435
Justia Opinion Summary: Kurt Datz appealed a divorce judgment awarding primary residential responsibility of the parties' two minor children to Helen Dosch, distributing the marital estate after finding economic and non-economic fault by Datz…
Date: August 29, 2013
Citation: 2013 ND 144
Docket Number: 20120450
Justia Opinion Summary: Roy Jensen appeals a district court order denying his motion to amend a divorce judgment to modify primary residential responsibility for the parties' child. Upon review of the matter, the Supreme Court reversed and…
Date: August 29, 2013
Citation: 2013 ND 143
Docket Number: 20120452
Justia Opinion Summary: Nelson Whitetail, Sr. appealed an order that found he was a sexually dangerous individual and civilly committed him to the care, custody and control of the Department of Human Services. Upon review, the Supreme Court…
Date: August 29, 2013
Citation: 2013 ND 150
Docket Number: 20130012
Justia Opinion Summary: Thain Cashmore, individually, as personal representative of the estate of Robert Cashmore, and as trustee of the Robert Cashmore Trust, and Bourck Cashmore, individually and as trustee of the Robert Cashmore Trust,…
Date: August 29, 2013
Citation: 2013 ND 153
Docket Number: 20130027
Justia Opinion Summary: Barbara McDermott appealed a judgment entered on a jury verdict awarding Kevin Pifer $80,957.07 in damages for unlawful interference with business, and several other orders issued by the district court in connection with…
Date: August 29, 2013
Citation: 2013 ND 145
Docket Number: 20130042
Justia Opinion Summary: Brandon Charvat appealed a district court order denying his motion to amend a divorce judgment to modify primary residential responsibility of the parties' child. Upon review, the Supreme Court reversed and remanded for…
Date: August 29, 2013
Citation: 2013 ND 157
Docket Number: 20130044
Justia Opinion Summary: The Department of Transportation appealed a judgment reversing the Department's decision to suspend Jonathan Daniels' driving privileges for 365 days. Because the issue that formed the basis for the district court's…
Date: August 29, 2013
Citation: 2013 ND 149
Docket Number: 20130047
Justia Opinion Summary: Nancy Finkle appealed an order and judgment quieting title to 1/2 of the mineral interests in certain real property in Mountrail County in Leslie D. Johnson, Carol Johnson, Merlyn H. Johnson, Thea Donna D. Johnson,…
Date: August 29, 2013
Citation: 2013 ND 154
Docket Number: 20130059
Justia Opinion Summary: Tim Bloomquist appealed summary judgment entered in favor of Goose River Bank and Goose River Holding Company for breach of an alleged oral contract to loan money. The Supreme Court affirmed, concluding the alleged oral…
Date: August 29, 2013
Citation: 2013 ND 147
Docket Number: 20130068
Justia Opinion Summary: Bobby Bell filed an action in small claims court against Pro Tune Plus for damages to his vehicle. Pro Tune responded to the claim, and filed the correct documents to remove the action to the district court. After Bell…
Date: August 29, 2013
Citation: 2013 ND 139
Docket Numbers: 20130212, 20130213, 20130218
Date: August 14, 2013
Citations: 2013 ND 138, 835 N.W.2d 104
Docket Number: 20130190
Date: July 22, 2013
Citation: 2013 ND 136
Docket Number: 20130013
Justia Opinion Summary: Plaintiff-Appellant John Schmitt appealed the dismissal of his claims against MeritCare Health System for defamation, tortious interference with a prospective business advantage, and violation of state antitrust law.…
Date: July 18, 2013
Citations: 2013 ND 132, 834 N.W.2d 270
Docket Number: 20120266
Justia Opinion Summary: Micah Green appealed a fourth amended judgment and an order denying her post-judgment motions to amend the trial court's findings, to make additional findings, for a new trial, and for a stay of the judgment. Upon review…
Date: July 18, 2013
Citation: 2013 ND 116
Docket Number: 20120280
Justia Opinion Summary: Helen Rebel appealed her judgment of divorce from Rodney Rebel, primary residential responsibility and child support for their then-minor child, and distributing their marital property. Upon review, the Supreme Court…
Date: July 18, 2013
Citation: 2013 ND 126
Docket Number: 20120320
Justia Opinion Summary: Defendant Daniel Wacht was convicted of murder after a jury found him guilty for the 2011 death of Kurt Johnson. Wacht argued on appeal that there was insufficient evidence to convict him. Finding the evidence presented…
Date: July 18, 2013
Citations: 2013 ND 128, 834 N.W.2d 291
Docket Number: 20120343
Justia Opinion Summary: Steven Johnson appealed an order compelling discovery of his federal income tax returns, and a judgment canceling a contract for deed and dismissing his action for specific performance against Sandra Mark, individually…
Date: July 18, 2013
Citations: 2013 ND 117, 833 N.W.2d 464
Docket Number: 20120367
Justia Opinion Summary: Defendants-Appellants Leonard and Ione Smith appealed the denial of their motion for supplemental findings or reconsideration following a trial court's granting of Plaintiff-Appellee Alliance Pipeline's petition to enter…
Date: July 18, 2013
Citation: 2013 ND 130
Docket Number: 20120372
Justia Opinion Summary: In 2011, Defendant Angela Dieterle was arrested for simple assault. The State alleged she willfully caused bodily injury to another person by biting and striking her husband. She argued on appeal the district court…
Date: July 18, 2013
Citations: 2013 ND 123, 834 N.W.2d 300
Docket Number: 20120380
Justia Opinion Summary: Defendant Glen Delorme was charged with two counts of guiding or outfitting without a license in Eddy County after guiding two undercover North Dakota Game and Fish Wardens to multiple hunting sites. The guiding…
Date: July 18, 2013
Citation: 2013 ND 127
Docket Number: 20120407
Justia Opinion Summary: In 2003, Terry Ramsey was found guilty of one count of gross sexual imposition for sexually abusing his half-sister's daughter, "Jane." Ramsey appealed the judgment of conviction, and the Supreme Court affirmed. In 2011,…
Date: July 18, 2013
Citation: 2013 ND 134
Docket Number: 20120412
Justia Opinion Summary: In 2012, Charles Murphy, Sr. and Charles Murphy, Jr. informed law enforcement they had received threatening phone calls from Defendant Nelson Gipp. In the call to Murphy Sr., Gipp accused him and two other people of…
Date: July 18, 2013
Citation: 2013 ND 122
Docket Number: 20120416
Justia Opinion Summary: Defendant Julian Keller appealed a district court judgment after a jury found him guilty of driving under the influence. Concluding the district court properly admitted Keller's chemical blood test, the Supreme Court…
Date: July 18, 2013
Citation: 2013 ND 124
Docket Number: 20120425
Justia Opinion Summary: Defendant Scott Wilson was charged with four counts of issuing a check with insufficient funds or credit in 2010. He requested court-appointed counsel, which the district court denied, finding he was not indigent. A…
Date: July 18, 2013
Citations: 2013 ND 118, 833 N.W.2d 500
Docket Number: 20120449
Justia Opinion Summary: Petitioner Allen Davenport appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision to terminate benefits on his claim for treatment of his cervical spine and left shoulder and denying his claims…
Date: July 18, 2013
Citations: 2013 ND 120, 833 N.W.2d 512
Docket Number: 20120455
Justia Opinion Summary: Petitioner Ounjaniese Brown appealed a district court judgment that denied her request for review of Burleigh County Housing Authority's ("BCHA") decision to terminate her housing assistance benefits. Brown was a…
Date: July 18, 2013
Citation: 2013 ND 121
Docket Number: 20130004
Justia Opinion Summary: Defendant Lindsay Severinson appeals a district court judgment convicting her of driving under the influence after entering a conditional guilty plea. Severinson argued on appeal the district court erred by admitting an…
Date: July 18, 2013
Citations: 2013 ND 119, 834 N.W.2d 283
Docket Number: 20130021
Justia Opinion Summary: Defendant Nick Webster appealed his conviction after he conditionally pled guilty to burglary, gross sexual imposition, and interfering with a telephone during an emergency call. Because the Supreme Court concluded the…
Date: July 18, 2013
Citations: 2013 ND 129, 833 N.W.2d 522
Docket Number: 20130022
Justia Opinion Summary: Neil Bartelson appeals from a district court order denying his petition to remove Guardian and Protective Services ("GAPS") as the personal representative of the Estate of Ralph Bartelson, an order denying his motion to…
Date: July 18, 2013
Citations: 2013 ND 133, 833 N.W.2d 527
Docket Number: 20130049
Justia Opinion Summary: Southeastern Shelter Corporation appealed a district court order that held daily monetary sanctions imposed on Alphild Herzig under 2006 contempt orders abated upon her death. The trial court held that only the $5,000…
Date: July 18, 2013
Citation: 2013 ND 125
Docket Number: 20130063
Justia Opinion Summary: Defendant Matthew Swearingen appealed a district court order that denied his application for post-conviction relief. Concluding the district court provided inadequate findings of fact and should have granted Swearingen's…
Date: July 18, 2013
Citation: 2013 ND 131
Docket Number: 20130082
Justia Opinion Summary: Petitioner Glen YellowBird appealed a district court judgment that affirmed the North Dakota Department of Transportation's revocation of his driving privileges for one year. Because the Supreme Court concluded the plain…
Date: July 18, 2013
Citations: 2013 ND 135, 833 N.W.2d 543
Docket Number: 20130153
Date: July 17, 2013
Citation: 2013 ND 112
Docket Number: 20120306
Justia Opinion Summary: Michelle and Tony Tweten brought an action against COUNTRY Preferred Insurance Company and American National Property and Casualty Company ("ANPAC"), seeking the full amount of underinsured motorist coverage from both…
Date: June 25, 2013
Citation: 2013 ND 111
Docket Numbers: 20130119, 20130120
Date: June 24, 2013
Citation: 2013 ND 110
Docket Number: 20120125
Justia Opinion Summary: Defendants-Appellants Sandra Walker and Joseph Eilers were found liable for damages after breaching employment agreements, and for conspiring to interfere with Plaintiff-Appellee SolarBee, Inc.'s existing business…
Date: June 19, 2013
Citation: 2013 ND 97
Docket Number: 20120298
Justia Opinion Summary: Workforce Safety & Insurance (WSI) appealed a district court's judgment reversing its denial of worker's compensation benefits to claimant Brenda Albright. Albright submitted her claim to WSI for a work-related back…
Date: June 19, 2013
Citations: 2013 ND 99, 831 N.W.2d 722
Docket Number: 20120301
Justia Opinion Summary: Jeffrey Wotzka was a guest at the Radisson Hotel. While taking a shower, he slipped and fell out of the shower. Wotzka sued the Hotel, claiming the Hotel maintained a dangerous condition on its premises by failing to…
Date: June 19, 2013
Citations: 2013 ND 106, 831 N.W.2d 731
Docket Number: 20120311
Justia Opinion Summary: Erin (Muxlow) Kartes appealed an amended divorce judgment awarding Jorey Kartes primary residential responsibility for the parties' two children. Finding that a party cannot challenge a district court's conclusion that a…
Date: June 19, 2013
Citation: 2013 ND 95
Docket Number: 20120316
Justia Opinion Summary: The North Dakota Department of Transportation appealed the reversal of its hearing officer's decision to suspend Debbie Ann Painte's driving privileges for 180 days. Upon review of the matter, the Supreme Court concluded…
Date: June 19, 2013
Citation: 2013 ND 94
Docket Number: 20120324
Justia Opinion Summary: John Holly appealed his conviction on drug charges related to the possession of marijuana and other controlled substances. He argued that the search of his vehicle was not supported by probable cause, and therefore the…
Date: June 19, 2013
Citations: 2013 ND 98, 832 N.W.2d 49
Docket Number: 20120349
Justia Opinion Summary: EOG Resources, Inc. appealed a district court judgment that granted Lario Oil & Gas Co.'s motion for summary judgment and quieted title of an oil and gas leasehold estate in Lario's favor. Upon review of the matter, the…
Date: June 19, 2013
Citations: 2013 ND 104, 831 N.W.2d 742
Docket Number: 20120352
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment that reversed its administrative hearing officer's decision to suspend Jay Olson's driving privileges for 180 days for driving under the…
Date: June 19, 2013
Citations: 2013 ND 105, 831 N.W.2d 748
Docket Number: 20120366
Justia Opinion Summary: The State appealed a district court order that dismissed felony theft of property charges against Steven Goldmann for lack of probable cause. After review of the trial court record, the Supreme Court concluded the State…
Date: June 19, 2013
Citations: 2013 ND 100, 831 N.W.2d 753
Docket Number: 20120378
Justia Opinion Summary: Gardell Frey appealed a district court order that denied his motion to modify primary residential responsibility for his children. Upon review of the trial court record, the Supreme Court reversed, concluding a material…
Date: June 19, 2013
Citations: 2013 ND 101, 831 N.W.2d 759
Docket Number: 20120406
Justia Opinion Summary: Matthew Eagleman appealed an order that granted the State's motion to correct an illegal sentence and which resentenced him to imprisonment. Because the district court acted within the statutorily prescribed sentencing…
Date: June 19, 2013
Citations: 2013 ND 102, 831 N.W.2d 763
Docket Number: 20120421
Justia Opinion Summary: Randy Kyllo, individually and as a partner of Tri-K Farms, appealed a district court order that denied his claim against Shawn Knudson for usurpation of a partnership opportunity. In 1994, Kyllo and Shawn Knudson formed…
Date: June 19, 2013
Citation: 2013 ND 103
Docket Number: 20120424
Justia Opinion Summary: Leslie Miller appealed an order that denied his motion to change primary residential responsibility for his son without an evidentiary hearing. Upon review of the matter, the Supreme Court affirmed, concluding the…
Date: June 19, 2013
Citation: 2013 ND 108
Docket Number: 20120448
Justia Opinion Summary: Caryn Sall (Weber) appealed a district court order that denied her motion for relief from a fourth amended divorce judgment and a district court order on remand from her 2011 appeal to the Supreme Court. Concluding its…
Date: June 19, 2013
Citation: 2013 ND 90
Docket Number: 20130083
Date: June 19, 2013
Citations: 2013 ND 109, 830 N.W.2d 565, 832 N.W.2d 42
Docket Number: 20130112
Justia Opinion Summary: In early 2013, S.R.B.'s father filed a petition for his involuntary commitment. The petition alleged S.R.B. was mentally ill and there was a reasonable expectation of a serious risk of harm if left untreated. The…
Date: June 4, 2013
Citations: 2013 ND 86, 831 N.W.2d 717
Docket Number: 20130135
Date: May 28, 2013
Citation: 2013 ND 85
Docket Number: 20120319
Justia Opinion Summary: William and Patricia Clairmont appealed a judgment interpreting two trusts they created for the benefit of their grandson, Matthew Larson, and dismissing the Clairmonts' petition to reform the trusts. The Clairmonts…
Date: May 20, 2013
Citation: 2013 ND 83
Docket Number: 20120318
Justia Opinion Summary: In the early morning hours of April 11, 2008, Jeremy Rustad and Heidi Hanna were killed in a plane crash in McLean County. Rustad was piloting his Cessna aircraft and Hanna was a passenger when the plane crashed. The…
Date: May 17, 2013
Citation: 2013 ND 82
Docket Number: 20130134
Date: May 16, 2013
Citation: 2013 ND 81
Docket Number: 20130132
Date: May 14, 2013
Citation: 2013 ND 69
Docket Number: 20110225
Justia Opinion Summary: Michael Jassek appealed a district court judgment that affirmed the binding dispute resolution decision of Workforce Safety and Insurance ("WSI") that denied payment for a myoelectric prosthesis. Upon review of the…
Date: May 14, 2013
Citation: 2013 ND 77
Docket Number: 20110337
Justia Opinion Summary: Miguel Humberto Medina Romero was convicted by jury of murder, unlawful possession/manufacture of a controlled substance (marijuana), and unlawful possession of a controlled substance (cocaine) with intent to deliver.…
Date: May 14, 2013
Citation: 2013 ND 78
Docket Number: 20120239
Justia Opinion Summary: Carol Johnson appealed the denial of her motions for summary judgment, to amend her complaint, and the grant of the defendants' summary judgment motions for various claims related to her involuntary hospitalization.…
Date: May 14, 2013
Citation: 2013 ND 68
Docket Number: 20120248
Justia Opinion Summary: Robert R. Hoff appealed an order denying his petition for discharge from civil commitment as a sexually dangerous individual. Upon review, the Supreme Court held that the district court abused its discretion by not…
Date: May 14, 2013
Citation: 2013 ND 79
Docket Number: 20120270
Justia Opinion Summary: After a shooting incident in a Fargo movie theater parking lot, the State charged Felipe Estrada with attempted murder for shooting Juan Garza in an attempt to cause his death. Estrada was also charged with aggravated…
Date: May 14, 2013
Citation: 2013 ND 80
Docket Number: 20120271
Justia Opinion Summary: Francis and Deborah Maddock appealed a district court judgment denying their request for permanent injunctive relief. Larry and Jane Andersen operated a farm approximately three miles from the Maddocks' property. In the…
Date: May 14, 2013
Citation: 2013 ND 71
Docket Number: 20120329
Justia Opinion Summary: Angela Dieterle appealed a divorce judgment and challenged the district court's rulings on primary residential responsibility, parenting time, marital property and debt distribution, and spousal support. Finding no abuse…
Date: May 14, 2013
Citations: 2013 ND 70, 830 N.W.2d 228
Docket Number: 20120342
Justia Opinion Summary: Edward Waslaski, Jr. appealed a district court order denying his motion for reconsideration of his post-conviction relief application. Upon review of the matter, the Supreme Court concluded the district court did not…
Date: May 14, 2013
Citation: 2013 ND 72
Docket Number: 20120344
Justia Opinion Summary: Slawson and Gadeco were owners of oil and gas leasehold interests in a section of real property located in Mountrail County which comprised the spacing unit for the Coyote 1-32H well. In 2009, Slawson sent Gadeco and to…
Date: May 14, 2013
Citation: 2013 ND 76
Docket Number: 20120358
Justia Opinion Summary: Jason Bachmeier and Natasha Bachmeier (now Natasha Stevens), were divorced with a judgment entered by stipulation in 2010. They have three children together from the marriage. Stevens' attorney for the divorce prepared a…
Date: May 14, 2013
Citation: 2013 ND 74
Docket Number: 20120360
Justia Opinion Summary: William Florian Wosick appealed a criminal judgment entered after a jury found him guilty of driving under the influence of alcohol. Wosick argued the district court abused its discretion by admitting a blood analysis…
Date: May 14, 2013
Citation: 2013 ND 73
Docket Number: 20120420
Justia Opinion Summary: Northern Oil & Gas, Inc. appealed a judgment ordering reformation of an oil and gas lease and quieting title to the oil and gas leasehold estate in Murex Petroleum Corporation, John H. Holt, LBK Sales & Service, Inc.,…
Date: May 14, 2013
Citation: 2013 ND 65
Docket Numbers: 20130048, 20130057, 20130058
Date: May 14, 2013
Citation: 2013 ND 75
Docket Number: 20130112
Justia Opinion Summary: S.R.B. appealed the trial court's order for hospitalization and treatment at the North Dakota State Hospital for ninety days and its order requiring use of prescribed medication. Upon review, the Supreme Court concluded…
Date: April 11, 2013
Citation: 2013 ND 62
Docket Number: 20120417
Justia Opinion Summary: Tyler Dawson appealed a district court judgment affirming a North Dakota Department of Transportation hearing officer's decision to suspend his driving privileges for two years for driving under the influence of alcohol.…
Date: April 10, 2013
Citation: 2013 ND 61
Docket Number: 20120340
Justia Opinion Summary: The State appealed a juvenile court order adopting a judicial referee's findings of fact and order dismissing the State's petition alleging M.H.P. was a delinquent child. The State filed a petition alleging M.H.P. was a…
Date: April 8, 2013
Citation: 2013 ND 60
Docket Number: 20120236
Justia Opinion Summary: Loren Larson, Kathryn Lervick, and Renee Larson appealed judgment dismissing their action to quiet title to certain mineral interests and finding the heirs of Hans Norheim and Thelma Larson Norheim were the current…
Date: April 8, 2013
Citation: 2013 ND 58
Docket Number: 20120315
Justia Opinion Summary: Loren Woodward appealed a divorce judgment ordering him to pay spousal support in the amount of $1,000.00 per month to Rita Woodward. Loren Woodward does not challenge the finding that Rita Woodward's standard of living…
Date: April 5, 2013
Citation: 2013 ND 57
Docket Number: 20120060
Justia Opinion Summary: K & L Homes, Inc. ("K & L") appealed the trial court's summary judgment declaring no coverage existed under K & L's commercial general liability ("CGL") policy with American Family Mutual Insurance Company ("American…
Date: April 4, 2013
Citations: 2013 ND 54, 828 N.W.2d 502
Docket Number: 20120198
Justia Opinion Summary: Defendant-Appellant Thomas Doppler appealed a district court judgment of conviction for possession of methamphetamine and possession of drug paraphernalia following a jury trial. Doppler argued on appeal that the…
Date: April 4, 2013
Citations: 2013 ND 48, 828 N.W.2d 510
Docket Number: 20120281
Justia Opinion Summary: Sandra Hoverson appealed and Carl Hoverson cross-appealed a divorce judgment that distributed the parties' marital estate and ordering Carl to pay Sandra $3,000 per month for spousal support for two years, $3,002 per…
Date: April 4, 2013
Citations: 2013 ND 52, 828 N.W.2d 521
Docket Number: 20120294
Justia Opinion Summary: Joan Eldridge appealed a district court judgment finding Lloyd Lester, Rex Niles, and Kyle Dragseth each owned a 1/4 interest in a well on Eldridge's property and an easement over the land affected by pipelines from the…
Date: April 4, 2013
Citations: 2013 ND 51, 828 N.W.2d 792
Docket Number: 20120299
Justia Opinion Summary: HIT, Inc. appealed a district court judgment affirming the administrative order requiring HIT to pay back excess reimbursements in the amount of $90,699.80. HIT argued the Department used an incorrect method to calculate…
Date: April 4, 2013
Citation: 2013 ND 50
Docket Number: 20120328
Justia Opinion Summary: Defendants-Appellants Wade Gilstad, individually and as trustee of an irrevocable trust, Charles Gilstad, and Ruth Smith ("Gilstads") appealed a district court judgment quieting title in certain mineral interests in…
Date: April 4, 2013
Citations: 2013 ND 46, 828 N.W.2d 775
Docket Number: 20120337
Justia Opinion Summary: Plaintiffs-Appellants Arthur and Joy Lynn Hayden, in their individual capacities and as co-conservators and co-guardians of Todd Hayden, and the law firm of Smith Bakke Porsborg Schweigert & Armstrong ("law firm")…
Date: April 4, 2013
Citations: 2013 ND 55, 828 N.W.2d 543
Docket Number: 20120338
Justia Opinion Summary: Pro se Defendant-Appellant Michael Farrell appealed a district court civil judgment of $400 in unpaid fines and fees. In 1993, Farrell pled guilty to criminal trespass and criminal mischief and was ordered to pay fines,…
Date: April 4, 2013
Citations: 2013 ND 49, 828 N.W.2d 526
Docket Number: 20120362
Justia Opinion Summary: The State appealed trial court orders dismissing three separate criminal complaints of endangerment of a child against Defendants Alexis Stegall, Chelsea Hettich, and Kimberlie Lamon. In each case, defendants gave birth…
Date: April 4, 2013
Citations: 2013 ND 56, 828 N.W.2d 787
Docket Number: 20120368
Justia Opinion Summary: Petitioner-Appellant Edward Waslaski appealed a district court order denying his petition for post-conviction relief on charges he pled guilty to 24 years ago. Petitioner pled guilty to 39 counts of burglary under a plea…
Date: April 4, 2013
Citations: 2013 ND 47, 828 N.W.2d 533
Docket Number: 20120373
Justia Opinion Summary: Derrick Deaver appealed a district court order that granted a motion by Julie Jensen to restrict his parenting time with the parties' two minor children by requiring him to exercise supervised parenting time outside the…
Date: April 4, 2013
Citations: 2013 ND 53, 828 N.W.2d 539
Docket Number: 20120434
Justia Opinion Summary: The North Dakota Department of Human Services appealed a district court order reversing and remanding the Department's order decreasing Plaintiff-Appellee Penne Nienow's monthly Supplemental Nutrition Assistance Program…
Date: March 18, 2013
Citation: 2013 ND 40
Docket Number: 20120249
Justia Opinion Summary: Petitioners Randall Dionne, Cynthia Larson, and James Goodness appealed a district court judgment dismissing their petition for formal probate of Ardis Dionne's will, and denying a N.D.R.Civ.P. 60(b) motion to vacate the…
Date: March 4, 2013
Citation: 2013 ND 38
Docket Number: 20120163
Justia Opinion Summary: Plaintiff-Appellant Lindsey Hysjulien appealed a grant of summary judgment which dismissed her claims for employment discrimination and negligent and intentional infliction of emotional distress against Hill Top Home of…
Date: March 1, 2013
Citation: 2013 ND 37
Docket Number: 20120251
Justia Opinion Summary: Respondent-Appellant Kelly Kroshus appealed a district court order granting Petitioner-Appellee Andrea Hanisch a two-year disorderly conduct restraining order against him. The parties were never married but dated until…
Date: February 28, 2013
Citation: 2013 ND 36
Docket Number: 20120348
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court's judgment reversing the administrative hearing officer's decision to suspend Petitioner-Apellee Timothy Mees's driving privileges for ninety-one…
Date: February 26, 2013
Citation: 2013 ND 31
Docket Number: 20120162
Justia Opinion Summary: B.F. (father) appealed a district court judgment that appointed G.S., G.J., and K.C. as guardians over J.S.L.F. J.S.L.F. was born in the summer of 2008 to B.F. and S.M.L. They lived in Grand Forks for the first few…
Date: February 26, 2013
Citation: 2013 ND 29
Docket Number: 20120183
Justia Opinion Summary: Defendant-Appellant Amber Hageman (now known as Sagert) appealed an amended divorce judgment modifying a prior judgment and granting Plaintiff-Appellee Nick Hageman primary residential responsibility for their minor…
Date: February 26, 2013
Citation: 2013 ND 26
Docket Number: 20120199
Justia Opinion Summary: Defendant-Appellant J.G. appealed a district court order that denied his petition for discharge from civil commitment as a sexually dangerous individual under N.D.C.C. ch. 25-03.3. Concluding the district court did not…
Date: February 26, 2013
Citation: 2013 ND 25
Docket Number: 20120209
Justia Opinion Summary: Petitioner-Appellant Darin Dahl appealed a district court order denying his application for post-conviction relief. He argued his trial counsel was ineffective for failing to request a bifurcated trial under N.D.C.C.…
Date: February 26, 2013
Citation: 2013 ND 33
Docket Number: 20120232
Justia Opinion Summary: Plaintiffs-Appellants Dennis and Evangeline Bakken appealed a judgment declaring the Bakkens no longer had an option to repurchase Pierce County property Paul and Evangeline Bakken sold to John and Bernadine Duchscher in…
Date: February 26, 2013
Citation: 2013 ND 24
Docket Number: 20120250
Justia Opinion Summary: Claimants appealed a district court judgment that affirmed Job Service of North Dakota's decision to deny them unemployment benefits. Upon review of the administrative record and the plain language of N.D.C.C.…
Date: February 26, 2013
Citation: 2013 ND 34
Docket Number: 20120272
Justia Opinion Summary: Petitioner-Appellant Bradley Davis appealed a district court order dismissing his motions for leave to depose witnesses and summarily dismissing his post-conviction relief application. Because he produced no competent…
Date: February 26, 2013
Citation: 2013 ND 35
Docket Number: 20120279
Justia Opinion Summary: Plaintiffs-Appellants Terence and Rachel Barrett appealed the dismissal of their claims against Defendant-Appellee Harry Gilbertson (dba Harry Gilbertson Construction) in a contract dispute. Plaintiffs argued that the…
Date: February 26, 2013
Citation: 2013 ND 32
Docket Number: 20120282
Justia Opinion Summary: Nikki LaFromboise appealed a district court judgment granting LaFromboise and Russell Niffenegger joint residential responsibility of the parties' minor child, S.R.L. LaFromboise and Niffenegger dated briefly but were…
Date: February 26, 2013
Citation: 2013 ND 27
Docket Number: 20120285
Justia Opinion Summary: Defendant-Appellant Dammon Burgard appealed a trial court's default judgment awarding Plaintiff-Appellee Kira Burgard primary residential responsibility of the parties' two minor children. Specifically, Defendant argued…
Date: February 26, 2013
Citation: 2013 ND 28
Docket Number: 20120323
Justia Opinion Summary: Plaintiff-Appellant Charles Morrow appealed a district court judgment that affirmed a Department of Transportation hearing officer's decision that suspended his driving privileges for one year. On appeal, Plaintiff…
Date: February 26, 2013
Citation: 2013 ND 30
Docket Number: 20120353
Justia Opinion Summary: Plaintiff-Appellant Roland Riemers appealed a district court order that denied his petition for a writ to require the Secretary of State to remove the Republican and Democratic candidates for governor and lieutenant…
Date: February 13, 2013
Citations: 2013 ND 20, 826 N.W.2d 622
Docket Number: 20120445
Date: February 12, 2013
Citations: 2013 ND 18, 826 N.W.2d 620
Docket Number: 20130018
Date: February 12, 2013
Citation: 2013 ND 19
Docket Number: 20130019
Date: February 1, 2013
Citations: 2013 ND 17, 826 N.W.2d 610
Docket Number: 20120265
Justia Opinion Summary: SM Energy Company appealed a summary judgment declaring that A.G. Golden and other plaintiffs were entitled to a four percent overriding royalty interest in leases and lands covered by a 1970 letter agreement and…
Date: January 29, 2013
Citation: 2013 ND 16
Docket Number: 20120184
Justia Opinion Summary: Colleen Weflen, Marleen Weflen, Sharon Kruse, Catherine Harris, Norris Weflen, Windsor Bakken, LLC, Gulfport Energy Corp. and EOG Resources, Inc., appealed a district court judgment vacating a previous order granting…
Date: January 28, 2013
Citation: 2013 ND 14
Docket Number: 20120111
Justia Opinion Summary: Steam Brothers, Inc. appealed the grant of summary judgment in a declaratory judgment action by John Riedlinger, Dale Stroh, Kevin Vetter, Leo Horner, and Duane Leier, five individuals, collectively referred to as…
Date: January 28, 2013
Citation: 2013 ND 15
Docket Number: 20120335
Date: January 23, 2013
Citation: 2013 ND 4
Docket Number: 20120015
Justia Opinion Summary: Alois Vetter appealed a district court's judgment entered after he was convicted by jury of aggravated assault with a dangerous weapon. On appeal, Vetter argued a vehicle is not a dangerous weapon under the plain…
Date: January 23, 2013
Citation: 2013 ND 8
Docket Number: 20120187
Justia Opinion Summary: Vincente Chacano appealed a criminal judgment entered after a jury found him guilty of two counts of attempted murder. Because the trial court did not err in admitting an audio recording of the courtroom scuffle,…
Date: January 23, 2013
Citation: 2013 ND 12
Docket Number: 20120192
Justia Opinion Summary: Marilyn Sateren appealed an order that denied reallocation of marital property in a stipulated divorce case, and Lorne Sateren moved to dismiss the appeal. Upon review of the trial court record and the arguments the…
Date: January 23, 2013
Citation: 2013 ND 13
Docket Number: 20120213
Justia Opinion Summary: In 1989, Southeastern recovered a judgment against David Herzig in a North Carolina court. In August 1998, the North Carolina judgment was transcribed and filed in North Dakota under the Uniform Enforcement of Foreign…
Date: January 23, 2013
Citation: 2013 ND 11
Docket Number: 20120253
Justia Opinion Summary: J.M. appealed an order denying his petition for discharge as a sexually dangerous individual. He contended on appeal that the district court erred in not striking the testimony and report of the State's expert because…
Date: January 23, 2013
Citation: 2013 ND 10
Docket Number: 20120267
Justia Opinion Summary: The State appealed and Ernest Coppage cross-appealed a district court judgment granting Coppage's application for post-conviction relief, vacating his attempted murder conviction, and ordering a new trial. The State…
Date: January 23, 2013
Citation: 2013 ND 9
Docket Number: 20120339
Justia Opinion Summary: Dawn Kirby appealed a district court order that denied her motion to modify primary residential responsibility without an evidentiary hearing. Upon review of the trial court record, the Supreme Court concluded that Kirby…
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