North Dakota Supreme Court Decisions 2024
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…
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…
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…
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,…
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…
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…
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…
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…
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230382
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230383
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230384
Date: May 2, 2024
Citation: 2024 ND 82
Docket Number: 20230385
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.…
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…
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,…
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…
Date: April 19, 2024
Citation: 2024 ND 68
Docket Number: 20230306
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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 &…
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…
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…
Date: March 7, 2024
Citations: 2024 ND 36, 2024 ND 9
Docket Numbers: 20230377, 20230378
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…
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…
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…
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…
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.…
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…
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,…
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…
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.…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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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