North Dakota Supreme Court Decisions 2024

Zander v. Morsette  
Date: May 2, 2024
Citation: 2024 ND 80
Docket Number: 20230103

Justia Opinion Summary: In June 2015, Jordan Morsette was driving on the wrong side of the road when his vehicle collided head-on with another vehicle driven by Shayna Monson. Monson suffered serious bodily injuries, while two passengers in her…

Morales v. Weatherford U.S., L.P.  
Date: May 2, 2024
Citation: 2024 ND 81
Docket Number: 20230110

Justia Opinion Summary: The case involves Timothy Morales, who was injured when he was hit by a vehicle driven by Ruby Junewal within the Weatherford Distribution Facility in Williston. Morales filed a lawsuit alleging negligence against…

SPOTTIE v. BAIUL-FARINA  
Date: May 2, 2024
Citation: 2024 ND 88
Docket Number: 20230195

Justia Opinion Summary: The case revolves around a dispute over oil and gas interests between Spottie, Inc., a Nevada corporation, and several other Nevada corporations and a limited liability company. Spottie alleged that the defendants had…

Glaum v. State  
Date: May 2, 2024
Citation: 2024 ND 86
Docket Number: 20230236

Justia Opinion Summary: The case involves Joseph Glaum, who had pleaded guilty to various criminal charges in several cases between 1997 and 2008. In 2023, Glaum moved to reopen these cases and withdraw his guilty pleas. Around the same time,…

State v. Hartson  
Date: May 2, 2024
Citation: 2024 ND 78
Docket Number: 20230243

Justia Opinion Summary: The case involves Kevin Hartson, who was charged with felony murder, with the underlying offenses of attempted robbery and attempted felonious restraint. Hartson argued that the charge of felony murder was not legally…

Harris v. Oasis Petroleum  
Date: May 2, 2024
Citation: 2024 ND 85
Docket Number: 20230279

Justia Opinion Summary: The case revolves around a lawsuit filed by Kyle Harris against Oasis Petroleum, Inc., and other parties, alleging negligence, gross negligence, intentional infliction of emotional distress, and negligent infliction of…

State v. Williams
Date: May 2, 2024
Citation: 2024 ND 87
Docket Number: 20230300
State v. Pederson  
Date: May 2, 2024
Citation: 2024 ND 79
Docket Number: 20230318

Justia Opinion Summary: The defendant, Jason Pederson, was found guilty of one count of terrorizing following a jury trial. The charge was based on two emails Pederson sent to her former employer, threatening to retrieve damages through the…

Interest of Skorick
Date: May 2, 2024
Citation: 2024 ND 83
Docket Number: 20230330
Musland v. Musland  
Date: May 2, 2024
Citation: 2024 ND 77
Docket Number: 20230345

Justia Opinion Summary: Scott and Traci Musland, married in 1997, separated in 2022, and Scott filed for divorce. The couple resolved several interim issues through mediation, including exclusive use of the marital and lake homes. A bench trial…

State v. Heintz (consolidated w/ 20230383-20230385)
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230382
State v. Heintz (consolidated w/ 20230382, 20230384, & 20230385)
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230383
State v. Heintz (consolidated w/ 20230382, 20230383, & 20230385)
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230384
State v. Heintz (consolidated w/ 20230382-20230384)
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230385
Field v. Field  
Date: May 2, 2024
Citation: 2024 ND 84
Docket Number: 20230405

Justia Opinion Summary: Joseph and Brenda Field, who were divorced in California, have a minor child. The California court granted joint legal and physical custody of the child to both parents, with Brenda Field having primary physical custody.…

Estate of Kish
Date: April 26, 2024
Docket Number: 20230275
Vacancy in Judgeship No. 8, ECJD
Date: April 23, 2024
Citation: 2024 ND 75
Docket Number: 20240055
Cichos v. Dakota Eye Institute, P.C.  
Date: April 19, 2024
Citation: 2024 ND 71
Docket Number: 20230212

Justia Opinion Summary: The case revolves around a fatal collision that occurred in May 2016 when Lyle Lima, who was legally blind, drove his truck into a horse-drawn hay trailer on a highway, resulting in the death of one passenger and…

Schmidt v. Hess Corp.  
Date: April 19, 2024
Citation: 2024 ND 72
Docket Number: 20230272

Justia Opinion Summary: The case involves William Schmidt, an employee of Tesoro Logistics, who was injured while working at a site owned and operated by Hess Corporation. Schmidt claimed that Hess required him to use breathing air equipment,…

Berdahl v. Berdahl
Date: April 19, 2024
Citation: 2024 ND 73
Docket Number: 20230278
State v. Fuglesten  
Date: April 19, 2024
Citation: 2024 ND 74
Docket Number: 20230299

Justia Opinion Summary: Michael Fuglesten was charged with driving under the influence of intoxicating liquor after a police officer entered his garage without a warrant. The officer had responded to a 911 call about a truck repeatedly driving…

Rennie v. State
Date: April 19, 2024
Citation: 2024 ND 69
Docket Number: 20230303
Garaas, et al. v. Continental Resources, et al.
Date: April 19, 2024
Citation: 2024 ND 68
Docket Number: 20230306
Interest of H.J.J.N.
Date: April 18, 2024
Citation: 2024 ND 70
Docket Number: 20240060
Kemmet v. Kemmet  
Date: April 4, 2024
Citation: 2024 ND 65
Docket Number: 20230194

Justia Opinion Summary: The case involves a dispute between Keisha Kemmet and Lindell Kemmet, who were married in September 2016 and separated in June 2021. The main issues in the case revolve around the distribution of marital property…

State v. Freeman  
Date: April 4, 2024
Citation: 2024 ND 66
Docket Number: 20230207

Justia Opinion Summary: Tevin Dewayne Freeman was charged with the murder of Erica L. Herrera, a class AA felony, in October 2020. The case was brought to trial in November 2022. The prosecution's witnesses included the 911 dispatcher who…

Cote v. Cote  
Date: April 4, 2024
Citation: 2024 ND 62
Docket Number: 20230274

Justia Opinion Summary: The case involves Laura Cote and Adam Cote, who were divorced in November 2022. The divorce agreement prohibited exposing their children to felons and known sex offenders. However, Laura Cote began dating Steven…

Whitetail Wave v. XTO Energy  
Date: April 4, 2024
Citation: 2024 ND 52
Docket Number: 20230283

Justia Opinion Summary: Whitetail Wave LLC, a Montana Limited Liability Company, sued XTO Energy, Inc., a Delaware corporation, the Board of University and School Lands of the State of North Dakota, the State of North Dakota, and the Department…

Hoever v. Wilder
Date: April 4, 2024
Citation: 2024 ND 58
Docket Number: 20230295
State v. Henke
Date: April 4, 2024
Citation: 2024 ND 60
Docket Number: 20230302
Urrabazo v. State  
Date: April 4, 2024
Citation: 2024 ND 67
Docket Number: 20230316

Justia Opinion Summary: In April 2021, Jaime Urrabazo was found guilty of delivering a controlled substance by a jury. While his appeal was pending, Urrabazo filed his first application for postconviction relief, which was dismissed after he…

Urrabazo v. State
Date: April 4, 2024
Citation: 2024 ND 59
Docket Number: 20230317
State v. Alameen
Date: April 4, 2024
Citation: 2024 ND 64
Docket Number: 20230320
State v. Nelson
Date: April 4, 2024
Citation: 2024 ND 55
Docket Number: 20230346
Dahms v. Legacy Plumbing  
Date: April 4, 2024
Citation: 2024 ND 53
Docket Number: 20230349

Justia Opinion Summary: Scott Dahms hired Legacy Plumbing, LLC to perform plumbing work in a house built in the 1920s. Due to the age and condition of the piping, Legacy recommended replacing as much of the piping as possible. Dahms, however,…

State v. Thornton  
Date: April 4, 2024
Citation: 2024 ND 54
Docket Number: 20240017

Justia Opinion Summary: The case revolves around a plea agreement between the State and Michael Brenum in a criminal case. The court ordered a pre-plea presentence investigation (PSI) and combined the change of plea and sentencing hearing. The…

Interest of S.B.
Date: April 4, 2024
Citation: 2024 ND 56
Docket Number: 20240043
Interest of S.S.C.
Date: April 4, 2024
Citation: 2024 ND 61
Docket Number: 20240053
Adoption of T.J.R. and B.L.R.
Date: April 4, 2024
Citation: 2024 ND 63
Docket Number: 20240056
Interest of J.D.
Date: April 4, 2024
Citation: 2024 ND 57
Docket Number: 20240059
Interest of Y.R.
Date: April 4, 2024
Citation: 2024 ND 51
Docket Number: 20240063
Petro-Hunt v. Tank  
Date: March 18, 2024
Citation: 2024 ND 46
Docket Number: 20230015

Justia Opinion Summary: This case involves a dispute over the ownership of mineral royalty interests in land in McKenzie County, North Dakota. The plaintiff, Petro-Hunt, L.L.C., operates several oil and gas wells on pooled spacing units, which…

State v. Glaum  
Date: March 18, 2024
Citation: 2024 ND 47
Docket Number: 20230190

Justia Opinion Summary: The Supreme Court of North Dakota affirmed the district court's decision in a case involving Defendant Joseph Glaum, who appealed an amended criminal judgment and the denial of his request to withdraw his conditional…

State v. Driver  
Date: March 18, 2024
Citation: 2024 ND 48
Docket Number: 20230259

Justia Opinion Summary: The Supreme Court of North Dakota affirmed the decision of the District Court of Ramsey County in a case involving a man, James Driver, who was charged with fleeing or attempting to elude a peace officer, reckless…

Adoption of R.E.M.
Date: March 18, 2024
Citation: 2024 ND 49
Docket Number: 20230321
Happel v. State
Date: March 18, 2024
Citation: 2024 ND 50
Docket Number: 20230338
Meuchel v. Red Trail Energy  
Date: March 7, 2024
Citation: 2024 ND 44
Docket Number: 20230127

Justia Opinion Summary: The Supreme Court of North Dakota reviewed a case involving Donovan Meuchel, a member of Red Trail Energy, LLC, who requested information from the company after it solicited bids for a project and his company's bid was…

State v. Wiese
Date: March 7, 2024
Citation: 2024 ND 39
Docket Number: 20230220
State v. Henderson  
Date: March 7, 2024
Citation: 2024 ND 42
Docket Number: 20230253

Justia Opinion Summary: The case involves Kimberly Ann Henderson, who was convicted of exploitation of a vulnerable adult and attempted theft. Henderson worked for Home Helpers, an agency that assists elderly people. During her time there, she…

Papenhausen v. ConocoPhillips Co.  
Date: March 7, 2024
Citation: 2024 ND 40
Docket Number: 20230280

Justia Opinion Summary: The case involved David Papenhausen, who sustained an injury when his foot fell through a hole concealed by a layer of ice and snow on an oil well site operated by ConocoPhillips Company and Burlington Resources Oil &…

Archambault v. State  
Date: March 7, 2024
Citation: 2024 ND 38
Docket Number: 20230336

Justia Opinion Summary: Zachary Archambault appealed from a district court order denying his application for postconviction relief, arguing that his trial attorney provided ineffective assistance of counsel. Archambault had been found guilty of…

Weber v. NDDOT  
Date: March 7, 2024
Citation: 2024 ND 37
Docket Number: 20230354

Justia Opinion Summary: The case revolves around Lawrence Weber, who was arrested for driving under the influence of alcohol (DUI). Weber's driving privileges were suspended for 180 days by a North Dakota Department of Transportation hearing…

Interest of J.C.
Date: March 7, 2024
Citations: 2024 ND 36, 2024 ND 9
Docket Numbers: 20230377, 20230378
Interest of A.P.  
Date: March 7, 2024
Citation: 2024 ND 43
Docket Number: 20230404

Justia Opinion Summary: In this case, J.C.P., the father of A.P., appealed a juvenile court's decision to terminate his parental rights. The child had been placed in protective custody due to his negligence and was adjudicated in need of…

Vacancy in Judgeship No. 3, SCJD
Date: March 7, 2024
Citation: 2024 ND 45
Docket Number: 20240006
Interest of R.K.
Date: March 7, 2024
Citation: 2024 ND 41
Docket Number: 20240062
NDIC v. Gould  
Date: February 22, 2024
Citation: 2024 ND 32
Docket Number: 20230188

Justia Opinion Summary: In this case, the Supreme Court of North Dakota affirmed the lower court's ruling in favor of the North Dakota Industrial Commission (NDIC), acting through the North Dakota Housing Finance Agency (NDHFA), in a dispute…

Garaas v. Petro-Hunt  
Date: February 22, 2024
Citation: 2024 ND 34
Docket Number: 20230200

Justia Opinion Summary: In this case, Jonathan Garaas and David Garaas, serving as co-trustees of multiple family trusts, appealed a dismissal of their complaint against Petro-Hunt, L.L.C., an oil company operating on land in which the trusts…

State v. Fischer  
Date: February 22, 2024
Citation: 2024 ND 29
Docket Number: 20230239

Justia Opinion Summary: In this case, the Supreme Court of North Dakota had to decide whether the district court had implicitly accepted a plea agreement by accepting a guilty plea from the defendant, Devin Fischer. Fischer had initially…

Williams v. Vraa  
Date: February 22, 2024
Citation: 2024 ND 30
Docket Number: 20230248

Justia Opinion Summary: In this case from the Supreme Court of North Dakota, Alexander Williams, the appellant, appealed the dismissal of his petition for nonparent visitation rights to I.H.L., a child from his ex-wife's previous relationship.…

Nelson v. Nelson  
Date: February 22, 2024
Citation: 2024 ND 31
Docket Number: 20230264

Justia Opinion Summary: In this case, the Supreme Court of North Dakota was tasked with reviewing a lower court's decision to grant a mother's request to relocate her children to Minnesota after she remarried. The father contested the…

State v. Rinde  
Date: February 22, 2024
Citation: 2024 ND 33
Docket Number: 20230285

Justia Opinion Summary: In the case before the Supreme Court of North Dakota, Rozalyn Rinde appealed from a criminal judgment after the district court revoked her probation and resentenced her. Rinde was initially charged with five counts,…

Disciplinary Board v. Pilch
Date: February 22, 2024
Citation: 2024 ND 35
Docket Number: 20240023
Disciplinary Board v. Spencer
Date: February 9, 2024
Citation: 2024 ND 28
Docket Number: 20240012
LAWC Holdings, LLC v. Vincent Watford, L.L.C.  
Date: February 8, 2024
Citation: 2024 ND 16
Docket Number: 20230087

Justia Opinion Summary: In this case, the Supreme Court of North Dakota considered an appeal and cross-appeal related to a dispute over three contracts for deed between LAWC Holdings, LLC, and Vincent Watford, L.L.C. The court affirmed the…

Lyons v. State  
Date: February 8, 2024
Citation: 2024 ND 19
Docket Number: 20230151

Justia Opinion Summary: In this case, George Lyons appealed from a district court order dismissing his application for postconviction relief. Lyons had been convicted of gross sexual imposition in 2017, a conviction that was upheld on appeal.…

Dimmler v. Dimmler  
Date: February 8, 2024
Citation: 2024 ND 20
Docket Number: 20230154

Justia Opinion Summary: In this divorce case between Stacey Jean Dimmler and Dustin Scott Dimmler, the Supreme Court of North Dakota reviewed several issues. The couple had two children and disputed matters of property division, child support,…

Pinks v. Kelsch  
Date: February 8, 2024
Citation: 2024 ND 15
Docket Number: 20230161

Justia Opinion Summary: In a legal malpractice case in North Dakota, a couple, Kenneth and Carol Pinks, sued attorney Alexander Kelsch and his professional corporation, along with associated partners, alleging negligence in representing them in…

Workforce Safety and Insurance v. Kringlie  
Date: February 8, 2024
Citation: 2024 ND 26
Docket Number: 20230184

Justia Opinion Summary: In the State of North Dakota, Dale Kringlie suffered a work-related injury to his right shoulder and wrist while using a concrete drill in April 2019. Workforce Safety and Insurance (WSI) accepted the claim and paid the…

State v. Good Bear  
Date: February 8, 2024
Citation: 2024 ND 18
Docket Number: 20230193

Justia Opinion Summary: The North Dakota Supreme Court affirmed a lower court decision finding Erica Good Bear guilty of terrorizing, a class C felony. Good Bear appealed the judgment, arguing that there was insufficient evidence to warrant a…

Landis v. State
Date: February 8, 2024
Citation: 2024 ND 17
Docket Number: 20230224
Sherwood v. Sherwood  
Date: February 8, 2024
Citation: 2024 ND 24
Docket Number: 20230230

Justia Opinion Summary: In this case from the Supreme Court of North Dakota, Derrick Sherwood appealed a district court order denying his motion to vacate a domestic violence protection order (DVPO) under N.D.R.Civ.P. 60. The court held a…

Friends of the Rail Bridge v. Dep't of Water Resources  
Date: February 8, 2024
Citation: 2024 ND 22
Docket Number: 20230240

Justia Opinion Summary: In North Dakota, Friends of the Rail Bridge (FORB), Downtown Business Association of Bismarck (DBAB), and CD Holdings, LLC appealed from a judgment dismissing their administrative appeal due to lack of subject matter…

In re Estate of Heath  
Date: February 8, 2024
Citation: 2024 ND 23
Docket Numbers: 20230250, 20230251

Justia Opinion Summary: In this case, GayLe Schleve, the personal representative of the estates of Viola J. Heath and Caleb C. Heath, appealed orders from the District Court of Dunn County, North Dakota, that granted Wells Fargo Bank's motions…

Keller v. Keller  
Date: February 8, 2024
Citation: 2024 ND 27
Docket Number: 20230258

Justia Opinion Summary: In this case, the Supreme Court of the State of North Dakota dealt with a dispute between divorced parents, Nickolette Keller and Michael Keller, over tax exemptions for their children. The divorce judgement had…

Don's Garden Center v. The Garden District  
Date: February 8, 2024
Citation: 2024 ND 25
Docket Numbers: 20230270, 20230271

Justia Opinion Summary: In this case from the Supreme Court of North Dakota, Ryan Kratz, who had entered into a purchase agreement to buy a business and building from Donald and Carol McIlravy, failed to make the agreed-upon payments. The…

Mahad v. WSI, et al.
Date: February 8, 2024
Citation: 2024 ND 21
Docket Number: 20230332
Estate of Lindberg  
Date: January 22, 2024
Citation: 2024 ND 10
Docket Number: 20230102

Justia Opinion Summary: The Supreme Court of North Dakota reversed a district court decision denying Chad Hanson's petition to be recognized as the heir of the late Arlen Lindberg. Lindberg died intestate, and Hanson filed a petition alleging…

Hoover v. NDDOT  
Date: January 22, 2024
Citation: 2024 ND 8
Docket Number: 20230226

Justia Opinion Summary: In this case from the Supreme Court of North Dakota, Daynen Hoover contested a district court judgment that affirmed a decision by the North Dakota Department of Transportation (Department) to suspend his driving…

Swanson v. State
Date: January 22, 2024
Citation: 2024 ND 14
Docket Number: 20230249
Plaisimond v. State
Date: January 22, 2024
Citation: 2024 ND 11
Docket Number: 20230252
Stancel v. Stancel, et al.
Date: January 22, 2024
Citation: 2024 ND 12
Docket Number: 20230287
Interest of J.C.  
Date: January 22, 2024
Citation: 2024 ND 9
Docket Numbers: 20230377, 20230378

Justia Opinion Summary: In this case, the Supreme Court of North Dakota reversed and remanded a juvenile court order that terminated the parental rights of T.W. to her children, J.C. and M.W. The children had been placed in foster care by the…

Interest of R.S.
Date: January 22, 2024
Citation: 2024 ND 13
Docket Number: 20230410
Vetter v. Larson Latham Huettl LLP  
Date: January 10, 2024
Citation: 2024 ND 2
Docket Number: 20230113

Justia Opinion Summary: The Supreme Court of the State of North Dakota considered an appeal by Michelle Vetter against a district court judgment which found her liable for unpaid legal fees to Larson Latham Huettl LLP, a law firm she'd hired…

State v. Gonzalez  
Date: January 10, 2024
Citation: 2024 ND 4
Docket Number: 20230133

Justia Opinion Summary: In the state of North Dakota, Garron Gonzalez was initially charged with two counts of gross sexual imposition, both class A felonies, in September 2003. Gonzalez pleaded guilty to the charges and was sentenced to five…

Yalartai v. Miller  
Date: January 10, 2024
Citation: 2024 ND 3
Docket Number: 20230159

Justia Opinion Summary: In the case at hand, Wilmot Yalartai, the plaintiff and appellant, appealed against an order dismissing his case against Jamesetta Miller, the respondent. The two are married with minor children and Yalartai had filed…

State v. Gietzen  
Date: January 10, 2024
Citation: 2024 ND 5
Docket Number: 20230181

Justia Opinion Summary: In this case, the Supreme Court of North Dakota affirmed a decision from the District Court of Burleigh County, which had granted a motion to suppress evidence in a criminal trial. The defendant, Matthew Gietzen, was…

State v. Salou  
Date: January 10, 2024
Citation: 2024 ND 6
Docket Number: 20230196

Justia Opinion Summary: In the State of North Dakota, defendant Ibrahim Salou was convicted of possession with intent to manufacture or deliver a controlled substance while in possession of a firearm, and possession of a controlled substance.…

State v. Williamson  
Date: January 10, 2024
Citation: 2024 ND 7
Docket Number: 20230205

Justia Opinion Summary: The Supreme Court of North Dakota heard an appeal from Robert Williamson, who was sentenced for probation violations related to two counts of gross sexual imposition and one count of luring minors by computer. Williamson…

State v. A.J.H.  
Date: January 10, 2024
Citation: 2024 ND 1
Docket Numbers: 20230241, 20230242

Justia Opinion Summary: In this case, the State of North Dakota appealed an order transferring a criminal case involving the defendant, A.J.H., who was charged with six counts of gross sexual imposition, to the juvenile court. The transfer was…

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