North Dakota Supreme Court Decisions 2015

Markgraf v. Welker  
Date: December 31, 2015
Citation: 2015 ND 303
Docket Number: 20150116

Justia Opinion Summary: Connie Welker and Vicki Ostrem appealed the grant of summary judgment quieting title to certain Mountrail County mineral interests. Ross Markgraf and Shanahan alleged W.J. Hannah owned 100% of the surface and minerals wh...

Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC  
Date: December 29, 2015
Citation: 2015 ND 302
Docket Number: 20150057

Justia Opinion Summary: Arrow Midstream Holdings, LLC and Arrow Pipeline, LLC (collectively "Arrow") appealed, and Tesla Enterprises, LLC ("Tesla") cross-appealed, a judgment dismissing without prejudice for lack of jurisdiction its action agai...

North Dakota v. Chatman  
Date: December 22, 2015
Citation: 2015 ND 296
Docket Number: 20150037

Justia Opinion Summary: Marcus Chatman appealed after a jury found him guilty of possession of heroin with intent to deliver, possession of cocaine, and possession of marijuana by a driver. Chatman argued the district court should have suppress...

North Dakota v. Williams  
Date: December 22, 2015
Citation: 2015 ND 297
Docket Number: 20150042

Justia Opinion Summary: Adrian Williams appealed after a jury found him guilty of possession of drug paraphernalia, possession of a controlled substance, and two counts of possession of a controlled substance with intent to deliver. Williams ar...

Interest of Thill  
Date: December 22, 2015
Citation: 2015 ND 295
Docket Number: 20150147

Justia Opinion Summary: Maurice Thill appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Thill argued that the district court's order was not supported by clear and convi...

Washburn v. Levi  
Date: December 22, 2015
Citation: 2015 ND 299
Docket Number: 20150149

Justia Opinion Summary: During a patrol, a Jamestown police officer encountered a vehicle parked along a residential street with its door ajar. Upon approaching the vehicle, the officer discovered appellee Casey Washburn asleep in the driver's...

Jodoin v. Levi
Date: December 22, 2015
Citation: 2015 ND 291
Docket Number: 20150185
Clark v. Farmers Union Mutual Ins.  
Date: December 22, 2015
Citation: 2015 ND 300
Docket Number: 20150199

Justia Opinion Summary: In January 2010, Kory Clark received a telephone call around 3 a.m. from his brother asking for assistance with his pickup, which was stuck in a snowdrift. According to Clark's deposition, after the brothers were unable...

Bayles v. N.D. Dep't of Transportation  
Date: December 22, 2015
Citation: 2015 ND 298
Docket Number: 20150200

Justia Opinion Summary: In 2014, appellee Neil Bayles was arrested and charged with driving under the influence. He timely requested an administrative hearing, at the conclusion of which, an administrative hearing officer suspended Bayles' driv...

Johnson v. State
Date: December 22, 2015
Citation: 2015 ND 290
Docket Number: 20150209
North Dakota v. Nelson  
Date: December 22, 2015
Citation: 2015 ND 301
Docket Numbers: 20150212, 20150213

Justia Opinion Summary: In 2013, George Nelson and his wife were charged with theft of property and contracting without a license after the couple contracted with numerous individuals to construct buildings that were never completed. Nelson ple...

Butterfield v. Levi
Date: December 22, 2015
Citation: 2015 ND 294
Docket Number: 20150249
Musick v. Levi
Date: December 22, 2015
Citation: 2015 ND 292
Docket Number: 20150252
Interest of A.C.
Date: December 22, 2015
Citation: 2015 ND 293
Docket Numbers: 20150317, 20150318
Disciplinary Board v. Ward
Date: December 11, 2015
Citation: 2015 ND 289
Docket Number: 20150309
Varriano v. Disciplinary Board
Date: December 11, 2015
Citation: 2015 ND 288
Docket Number: 20150342
Blume Construction, Inc. v. North Dakota  
Date: December 7, 2015
Citation: 2015 ND 285
Docket Number: 20150103

Justia Opinion Summary: Blume Construction, Inc. appealed a district court judgment affirming a Job Service North Dakota decision, finding Blume did not file a valid appeal and the agency's determination assigning Blume a final penalty tax rate...

Fleck v. Missouri River Royalty Corp.  
Date: December 7, 2015
Citation: 2015 ND 287
Docket Number: 20150106

Justia Opinion Summary: Nathaniel Fleck and Alma Bergmann as trustees of the George J. Fleck Trust ("Fleck") appealed the grant of summary judgment quieting title to an oil and gas lease in favor of Missouri River Royalty Corp., Exxon Mobil Cor...

Knorr v. Norberg  
Date: December 7, 2015
Citation: 2015 ND 284
Docket Number: 20150107

Justia Opinion Summary: Jon Norberg appealed a district court judgment allowing his former parents-in-law, Robert and Cheri Knorr, to buy back certain real property under an alleged oral lease. He argued the district court erred in concluding t...

Disciplinary Board v. Huisman
Date: December 7, 2015
Citation: 2015 ND 286
Docket Number: 20150281
North Dakota v. Hennings  
Date: December 2, 2015
Citation: 2015 ND 283
Docket Number: 20150096

Justia Opinion Summary: Daryl Hennings appealed a criminal judgment finding him guilty of operating a vehicle while under the influence of alcohol. Deputy Sheriff Thom was dispatched to investigate a complaint dirt-bikes were being driven at th...

Weigel v. Weigel  
Date: December 1, 2015
Citation: 2015 ND 270
Docket Number: 20140412

Justia Opinion Summary: Shawn and LaRinda Weigel were married in 1996 and had two children together. At the time of trial, he was 43 years old and she was 42. During the marriage, he worked as an account representative for The Computer Store in...

North Dakota v. Walker  
Date: December 1, 2015
Citation: 2015 ND 281
Docket Number: 20140441

Justia Opinion Summary: Clinton Walker appealed a criminal judgment entered upon his conditional plea of guilty for possession of marijuana and tetrahydrocannabinols with intent to deliver. Walker pled guilty after the district court denied his...

Sargent County Water Resource District v. Mathews  
Date: December 1, 2015
Citation: 2015 ND 277
Docket Number: 20140451

Justia Opinion Summary: In November 2012, the Sargent County Water Resource District filed a declaratory action regarding the ownership and control of property in Sargent County, including all property located south of the north boundary of Dra...

North Dakota v. Asbach  
Date: December 1, 2015
Citation: 2015 ND 280
Docket Number: 20140471

Justia Opinion Summary: Tyler Asbach appealed a judgment entered after he conditionally pled guilty to a drug-related offense, reserving the right to challenge the denial of his motion to suppress evidence. On April 30, 2014, Asbach was stopped...

Johnson v. Buskohl Construction, Inc.  
Date: December 1, 2015
Citation: 2015 ND 268
Docket Number: 20150006

Justia Opinion Summary: Zachary Johnson and Margie Johnson contracted with Buskohl Construction Inc. as a general contractor to oversee the construction of their new house. John Buskohl was the sole shareholder, officer, and director of Buskohl...

Rooks v. Robb  
Date: December 1, 2015
Citation: 2015 ND 274
Docket Number: 20150047

Justia Opinion Summary: Between May 2002 and September 2004, David Robb received multiple loans from his mother, Ruby Robb. On September 13, 2004, Ruby Robb created a living trust identified as the Ruby M. Robb Living Trust ("Trust"), and she n...

Disciplinary Board v. Johnston
Date: December 1, 2015
Citation: 2015 ND 282
Docket Number: 20150048
Anderson v. Baker  
Date: December 1, 2015
Citation: 2015 ND 269
Docket Number: 20150049

Justia Opinion Summary: The parties Kim Anderson and Biron Baker have a child together, born in 2010. Under a stipulated judgment entered in June 2011, Baker was required to provide health insurance for the child or reimburse Anderson for her m...

State v. Birnbaum
Date: December 1, 2015
Citation: 2015 ND 263
Docket Number: 20150064
Yahna v. Altru Health System  
Date: December 1, 2015
Citation: 2015 ND 275
Docket Number: 20150083

Justia Opinion Summary: Lori Yahna appealed from a summary judgment dismissing her complaint against Altru Health System for age discrimination and for wrongful termination of employment. In 1984, Yahna began working for the Grand Forks Clinic,...

North Dakota v. Gackle  
Date: December 1, 2015
Citation: 2015 ND 271
Docket Number: 20150090

Justia Opinion Summary: A McLean County Sheriff's Deputy pulled defendant-appellant Robert Gackle over after the deputy observed Gackle speeding. The deputy noticed Gackle appeared intoxicated and asked Gackle for permission to search his vehic...

Chisholm v. North Dakota  
Date: December 1, 2015
Citation: 2015 ND 279
Docket Number: 20150099

Justia Opinion Summary: Petitioner-appellant Rodney Chisholm was convicted by jury of murder in 2011. He appealed a district court order denying his application for post-conviction relief requesting a new trial, arguing the district court erred...

Bye v. Robinette  
Date: December 1, 2015
Citation: 2015 ND 276
Docket Number: 20150109

Justia Opinion Summary: The parties Erek Bye and Amanda Robinette are the parents of twin boys. The couple never married, but they moved in together after Robinette gave birth. Their relationship deteriorated and Bye sued for custody of the twi...

Wheeler v. State
Date: December 1, 2015
Citation: 2015 ND 264
Docket Numbers: 20150113, 20150115
Guardianship & Conservatorship of M.E.  
Date: December 1, 2015
Citation: 2015 ND 267
Docket Number: 20150117

Justia Opinion Summary: In October 2014, two of M.E.'s children, N.P. and M.N., petitioned the district court for a temporary (emergency) guardianship and conservatorship. The petition alleged M.E. was in need of a guardian after falling victim...

Murray v. State
Date: December 1, 2015
Citation: 2015 ND 265
Docket Number: 20150124
State v. Moreno
Date: December 1, 2015
Citation: 2015 ND 266
Docket Number: 20150158
Huether v. Nodak Mutual Ins. Co.  
Date: December 1, 2015
Citation: 2015 ND 272
Docket Number: 20150161

Justia Opinion Summary: Plaintiff-appellant Timothy Huether contracted with Nodak Mutual to provide insurance coverage for his house, buildings and structures on his farm. The coverage was under Nodak Mutual's Farm and Ranch Policy. The Farm an...

North Dakota v. Acker  
Date: December 1, 2015
Citation: 2015 ND 278
Docket Number: 20150163

Justia Opinion Summary: Defendant Gino Acker drove Beau Johnson home after Acker and Johnson had been visiting bars in downtown Fargo. While driving to Johnson's residence, the two began to argue about Johnson smoking in Acker's vehicle. Acker...

State v. Busby
Date: December 1, 2015
Citation: 2015 ND 262
Docket Number: 20150173
State v. Ford
Date: December 1, 2015
Citation: 2015 ND 261
Docket Number: 20150177
Williamson v. N.D. Dep't of Transportation  
Date: December 1, 2015
Citation: 2015 ND 273
Docket Number: 20150179

Justia Opinion Summary: Christopher Williamson appealed a district court order affirming the Department of Transportation hearing officer's decision to suspend his driving privileges for two years. Officer Travis Martinson stopped Williamson af...

Interest of L.F., a child
Date: December 1, 2015
Citation: 2015 ND 260
Docket Number: 20150272
In the Interest of A.S.
Date: November 6, 2015
Citation: 2015 ND 258
Docket Number: 20150120
Rusgrove v. Goter
Date: November 6, 2015
Citation: 2015 ND 259
Docket Number: 20150122
Interest of T.A.G.
Date: October 29, 2015
Citation: 2015 ND 256
Docket Number: 20140445
Sall v. Sall
Date: October 29, 2015
Citation: 2015 ND 257
Docket Number: 20150098
Leno v. N.D. Dep't of Transportation  
Date: October 19, 2015
Citation: 2015 ND 255
Docket Number: 20150091

Justia Opinion Summary: James Leno appealed a Department of Transportation decision to suspend his driving privileges for 91 days. Because the Supreme Court concluded the arresting officer's testimony sufficiently established he performed the r...

Capes v. Capes  
Date: October 14, 2015
Citation: 2015 ND 254
Docket Number: 20140342

Justia Opinion Summary: Six months after the divorce judgment giving Jason Capes primary residential responsibility, Jennifer Capes (now Novak), filed for substantial changes in parenting time and decision-making authority, which were granted b...

Tidd v. Kroshus  
Date: October 13, 2015
Citation: 2015 ND 248
Docket Number: 20140426

Justia Opinion Summary: Michelle Tidd appeals from a judgment entered on a jury verdict dismissing her negligence action against Scott Kroshus arising out of a collision between Tidd's bike and Kroshus' car. Tidd was riding her bike on a sidewa...

Dubray v. State
Date: October 13, 2015
Citation: 2015 ND 244
Docket Number: 20140428
Poppe v. Stockert  
Date: October 13, 2015
Citation: 2015 ND 252
Docket Number: 20140463

Justia Opinion Summary: Kara and Kent Poppe appealed a district court summary judgment dismissing their conversion claim. The Poppes rented a house from Pamela Hillis for five years, until February 4, 2013 when Hillis served them with an evicti...

City of Jamestown v. Hanson  
Date: October 13, 2015
Citation: 2015 ND 249
Docket Number: 20150005

Justia Opinion Summary: A jury found Jason Hanson guilty of driving under the influence of alcohol. He appealed the judgment and the district court's denial of his motion for a new trial. Finding no reversible error, the Supreme Court affirmed...

Wedemeyer v. State
Date: October 13, 2015
Citation: 2015 ND 239
Docket Number: 20150021
Guardianship/Conservatorship of V.A.M.  
Date: October 13, 2015
Citation: 2015 ND 247
Docket Number: 20150043

Justia Opinion Summary: In December 2012, P.M., the son of V.A.M., petitioned for the appointment of a guardian and conservator for his father. V.A.M. was 81 years old at the time of the petition; he had seven children. A guardian ad litem reco...

Kitzan v. State
Date: October 13, 2015
Citation: 2015 ND 241
Docket Number: 20150045
Estate of Amundson  
Date: October 13, 2015
Citation: 2015 ND 253
Docket Number: 20150046

Justia Opinion Summary: The last will and testament of Donald Amundson provided for his entire estate to be distributed to the Donald G. Amundson Trust. The Trust owned farmland jointly with the Kenneth Amundson Trust, which was set up by Donal...

State v. Berg
Date: October 13, 2015
Citation: 2015 ND 240
Docket Number: 20150076
Gronland v. Gronland  
Date: October 13, 2015
Citation: 2015 ND 251
Docket Number: 20150108

Justia Opinion Summary: Larry Gronland and Linda Gronland (now Coleman), married in 1971 and divorced in 1994. The district court originally awarded Linda Gronland spousal support in the amount of $1,000 per month until her death, remarriage, o...

Olson v. Levi  
Date: October 13, 2015
Citation: 2015 ND 250
Docket Number: 20150131

Justia Opinion Summary: Patricia Olson appealed a judgment affirming a decision of the Department of Transportation to suspend her driving privileges for two years. Because the Supreme Court concluded the Report and Notice form was sufficient t...

Matter of Bartole
Date: October 13, 2015
Citation: 2015 ND 243
Docket Number: 20150134
Meyer v. Engebretson
Date: October 13, 2015
Citation: 2015 ND 242
Docket Number: 20150170
Interest of W.M.
Date: October 13, 2015
Citation: 2015 ND 246
Docket Number: 20150257
Interest of B.K.
Date: October 13, 2015
Citation: 2015 ND 245
Docket Number: 20150260
Border Resources, LLC v. Irish Oil & Gas, Inc.  
Date: September 21, 2015
Citation: 2015 ND 238
Docket Number: 20140264

Justia Opinion Summary: Irish Oil & Gas, Inc. was an oil and gas exploration, production, and brokerage company. Border Resources, LLC provided landman services to clients, including acquiring leases, performing due diligence, and providing tit...

Norby v. Estate of Kuykendall  
Date: September 17, 2015
Citation: 2015 ND 232
Docket Number: 20140380

Justia Opinion Summary: Rocky Norby appealed, and the Estate of Kuykendall and others cross-appealed, a judgment quieting title to certain McKenzie County property in James Kuykendall and dismissing Norby's action to eject Kuykendall from the d...

Grigg v. Grigg  
Date: September 17, 2015
Citation: 2015 ND 229
Docket Number: 20140403

Justia Opinion Summary: Damon Grigg appealed a district court order denying his motion to modify primary residential responsibility. Grigg and Dusty Lemke (formerly Grigg) were divorced in 2010. The district court awarded primary residential re...

North Dakota v. Morales  
Date: September 17, 2015
Citation: 2015 ND 230
Docket Number: 20140407

Justia Opinion Summary: Edward Morales appealed a judgment entered upon a conditional guilty plea to causing death while operating a vehicle under the influence of alcohol, reserving his right to appeal the denial of his motion to suppress the...

Keller v. North Dakota  
Date: September 17, 2015
Citation: 2015 ND 228
Docket Number: 20140438

Justia Opinion Summary: Brandon Keller appealed a district court order dismissing his application for post-conviction relief. Keller argued his conspiracy to commit murder and attempted murder convictions were illegal because N.D.C.C. sections...

Klein v. Klein  
Date: September 17, 2015
Citation: 2015 ND 236
Docket Number: 20140449

Justia Opinion Summary: In 2012, Mary Ann Klein brought an action for divorce. Wesley Klein and Mary Ann Klein were married for 31 years and had nine children together, three of whom were still minors. Mary Ann was 52 and Wesley was 53 years of...

North Dakota v. Montplaisir  
Date: September 17, 2015
Citation: 2015 ND 237
Docket Number: 20140459

Justia Opinion Summary: In 2013, a motorcycle stopped at an intersection in Fargo was struck from behind by a pickup driven by Steven Montplaisir. A Fargo police officer was also stopped at the intersection and observed the victim jumping aroun...

North Dakota v. Chase  
Date: September 17, 2015
Citation: 2015 ND 234
Docket Number: 20150010

Justia Opinion Summary: In 2013, Lorry Chase was charged with one count of gross sexual imposition against Jane Doe for an assault that occurred in 2007. At trial Jane Doe testified she knew Chase had been in jail. A medical professional's test...

North Dakota v. Guttormson  
Date: September 17, 2015
Citation: 2015 ND 235
Docket Number: 20150035

Justia Opinion Summary: In July 2014, Chad Guttormson was stopped by a West Fargo Police Officer for an alleged traffic violation and was subsequently arrested and charged with driving under the influence and refusal to submit to an onsite scre...

Greywind v. North Dakota  
Date: September 17, 2015
Citation: 2015 ND 231
Docket Number: 20150070

Justia Opinion Summary: John Greywind appealed a district court order denying his application for post-conviction relief and subsequent motion for reconsideration. Greywind previously pled guilty to committing robbery while in possession of a d...

State v. Korynta
Date: September 17, 2015
Citation: 2015 ND 227
Docket Number: 20150077
Interest of E.V.
Date: September 17, 2015
Citation: 2015 ND 226
Docket Number: 20150078
Interest of M.R.  
Date: September 17, 2015
Citation: 2015 ND 233
Docket Number: 20150175

Justia Opinion Summary: G.L. appealed a juvenile court order terminating his parental rights. He argued the juvenile court erred by declaring him in default, finding the conditions and causes of the child's deprivation were likely to continue,...

Holverson v. Lundberg  
Date: September 4, 2015
Citation: 2015 ND 225
Docket Number: 20140347

Justia Opinion Summary: Greg Holverson sued Susan Lundberg to quiet title to a tract of land in Burleigh County, alleging he executed a contract for deed to purchase land from the Trust in 1978. He defaulted on payments under the contract for d...

Vacancy in Judgeship No. 1, Southwest Judicial District
Date: September 1, 2015
Citation: 2015 ND 224
Docket Number: 20150225
North Dakota v. New Holland  
Date: August 31, 2015
Citation: 2015 ND 223
Docket Number: 20140409

Justia Opinion Summary: In May 2014, Bureau of Criminal Investigation Special Agent Arnie Rummel applied for a search warrant for the Darrell Schrum Trucking Shop in Dickey County, claiming there was probable cause to believe a stolen New Holla...

Disciplinary Board v. Matson
Date: August 31, 2015
Citation: 2015 ND 222
Docket Numbers: 20150219, 20150221
Vacancy in Judgeship No. 3, Northeast Judicial District
Date: August 26, 2015
Citation: 2015 ND 221
Docket Number: 20150160
Hale v. City of Minot  
Date: August 25, 2015
Citation: 2015 ND 216
Docket Number: 20140337

Justia Opinion Summary: Robert Hale, doing business as Bullwinkle Builders, Inc., ("Hale") appealed a district court order affirming a City of Minot Board of Appeals decision to affirm the denial of Hale's application for a building permit. In...

Gabaldon-Cochran v. Cochran  
Date: August 25, 2015
Citation: 2015 ND 214
Docket Number: 20140338

Justia Opinion Summary: LaTanya Gabaldon, formerly known as LaTanya Gabaldon-Cochran, appealed a district court judgment granting her a divorce from Jeremy Cochran. Gabaldon argued the court's property distribution was not equitable, the court...

Anderson v. WSI  
Date: August 25, 2015
Citation: 2015 ND 205
Docket Number: 20140346

Justia Opinion Summary: Calvin Anderson appealed a judgment affirming a Workforce Safety and Insurance ("WSI") decision approving a vocational rehabilitation plan. In January 2005, after slipping on an icy driveway and injuring his right should...

North Dakota v. Pogue  
Date: August 25, 2015
Citation: 2015 ND 211
Docket Number: 20140355

Justia Opinion Summary: A Watford City police officer, initiated a traffic stop of a vehicle for exceeding the speed limit. The driver of the vehicle could not produce any form of identification, proof of insurance, or registration, but identif...

North Dakota v. Rufus  
Date: August 25, 2015
Citation: 2015 ND 212
Docket Number: 20140378

Justia Opinion Summary: Galen Rufus appealed a criminal judgment entered after a bench trial finding him guilty of human trafficking. Rufus responded to an advertisement posted on Craigslist under "personals > casual encounters" by a Ward Count...

State v. Weight  
Date: August 25, 2015
Citation: 2015 ND 219
Docket Number: 20140382

Justia Opinion Summary: The State filed an information charging Taylor Weight with insurance fraud, a class A felony, and criminal mischief, a class B felony, for allegedly setting fire to his parents' combine. At the preliminary hearing, the d...

Freidig v. Weed  
Date: August 25, 2015
Citation: 2015 ND 215
Docket Number: 20140387

Justia Opinion Summary: Laura Weed appeals from a judgment reforming a warranty deed and quieting title in a tract of land to Allan and Robin Freidig. In 2003, Weed hired David Hovendick, a registered land surveyor, to survey her house and a fi...

Matter of Hehn  
Date: August 25, 2015
Citation: 2015 ND 218
Docket Number: 20140430

Justia Opinion Summary: Darl Hehn appealed an order denying his petition for discharge from civil commitment as a sexually dangerous individual. In 1997, Hehn pleaded guilty to two counts of gross sexual imposition and one count of terrorizing....

North Dakota v. Weinmann  
Date: August 25, 2015
Citation: 2015 ND 213
Docket Numbers: 20140432, 20140440

Justia Opinion Summary: James Weinmann, Jr. and Kayla Weinmann appealed a criminal judgment entered upon their conditional pleas of guilty to possession of methamphetamine, possession of a controlled substance (hashish), possession of a control...

Matter of J.G.  
Date: August 25, 2015
Citation: 2015 ND 207
Docket Number: 20140448

Justia Opinion Summary: In November 2002, J.G. was initially committed as a sexually dangerous individual based on the crime of indecent exposure which occurred when he was 12 years old. J.G. has unsuccessfully petitioned for discharge numerous...

Interest of Whitetail  
Date: August 25, 2015
Citation: 2015 ND 206
Docket Number: 20140455

Justia Opinion Summary: Nelson Whitetail, Sr. was committed as a sexually dangerous individual by court order on December 21, 2012. Whitetail appealed the commitment order, which the North Dakota Supreme Court affirmed. In 2014, Whitetail filed...

Winter v. Solheim  
Date: August 25, 2015
Citation: 2015 ND 210
Docket Number: 20140458

Justia Opinion Summary: Prairie Supply, Inc. ("Prairie") sued Raymond Winter, doing business as Prairie Wood Products, in small claims court alleging Winter sold Prairie wood stakes that did not conform to samples provided to Prairie. Winter an...

North Dakota v. Zacher  
Date: August 25, 2015
Citation: 2015 ND 208
Docket Number: 20150001

Justia Opinion Summary: Brett Zacher appealed a district court order denying his motion to suppress evidence and from a criminal judgment entered after his conditional guilty plea to the charge of possession of a controlled substance. After rev...

Olson v. Alerus Financial Corp.  
Date: August 25, 2015
Citation: 2015 ND 209
Docket Number: 20150009

Justia Opinion Summary: Ronald Olson and Marlys Kjellberg appealed the grant of summary judgment dismissing their action for damages against Alerus Financial Corporation, Alerus Financial, National Association ("Alerus Entities") and Jayson Men...

Gerber v. Disciplinary Board
Date: August 25, 2015
Citation: 2015 ND 217
Docket Number: 20150032
Kuntz v. Disciplinary Board
Date: August 25, 2015
Citation: 2015 ND 220
Docket Number: 20150086
Moody v. Sundley  
Date: August 24, 2015
Citation: 2015 ND 204
Docket Number: 20140408

Justia Opinion Summary: Dale Sundley appealed a judgment quieting title to certain real property in favor of Larry and Janice Moody, and that dismissed Sundley's adverse possession counterclaim. Sundley argued the district court erred in findin...

Gray v. Berg
Date: August 24, 2015
Citation: 2015 ND 203
Docket Number: 20150040
Messer v. B&B Hot Oil Service, Inc.  
Date: August 17, 2015
Citation: 2015 ND 202
Docket Number: 20150065

Justia Opinion Summary: Neal and Bonnie Messer owned a building located in close proximity to a building owned by Steve Forster and Daniel Krebs. An explosion occurred in the Forster/Krebs building and subsequently damaged the Messers' building...

North Dakota v. Clark  
Date: August 13, 2015
Citation: 2015 ND 201
Docket Number: 20140405

Justia Opinion Summary: Joshua Clark and Theo Crowe were acquaintances and co-workers at a construction business in Bismarck. They were drinking together at Clark's apartment one evening in 2013. In an interview with law enforcement officers, C...

Johnson v. Shield  
Date: August 13, 2015
Citation: 2015 ND 200
Docket Number: 20150053

Justia Opinion Summary: Eric Johnson and others appealed the grant of summary judgment quieting title to certain Williams County mineral interests in Suzanne Shield and others. Shield and the other defendants (collectively "Shield") were succes...

BAHA Petroleum Consulting Corp. v. Job Service  
Date: August 11, 2015
Citation: 2015 ND 199
Docket Number: 20140452

Justia Opinion Summary: BAHA Petroleum Consulting Corp. appealed a judgment affirming a decision by Job Service North Dakota that landmen performed services for BAHA as employees rather than independent contractors. Because Job Service's findin...

State v. Morel
Date: August 11, 2015
Citation: 2015 ND 198
Docket Number: 20140454
Yesel v. Brandon  
Date: August 6, 2015
Citation: 2015 ND 195
Docket Numbers: 20140186, 20140187

Justia Opinion Summary: Phyllis Yesel and Gloria Van Dyke ("Yesel") appealed the grant of summary judgment, concluding the abandoned mineral statutes did not apply to royalty interests, and alternatively, if the statutes did apply, the royalty...

North Dakota v. Kordonowy  
Date: August 6, 2015
Citation: 2015 ND 197
Docket Number: 20140327

Justia Opinion Summary: Jonathan Kordonowy appealed after a jury found him guilty of refusal to submit to a chemical test. Kordonowy argued the criminal refusal statute was unconstitutional and the district court erred in refusing to give his r...

North Dakota v. Filkowski  
Date: August 6, 2015
Citation: 2015 ND 194
Docket Number: 20140344

Justia Opinion Summary: Michael Filkowski appealed after a jury found him guilty of driving under the influence while operating a motor vehicle. Filkowski was stopped by a McKenzie County Deputy Sheriff for driving outside of the traffic lane....

North Dakota v. Kardor  
Date: August 6, 2015
Citation: 2015 ND 196
Docket Number: 20140410

Justia Opinion Summary: In 2014, a Fargo convenience store was robbed at gunpoint by two unknown persons. During the course of an unrelated narcotics investigation, Fargo police officers conducted a garbage pull outside a residence where drug a...

City of Dickinson v. Etienne  
Date: August 6, 2015
Citation: 2015 ND 193
Docket Number: 20140472

Justia Opinion Summary: In March 2013, the City of Dickinson charged Byishimo Etienne with simple assault domestic violence, alleging he violated Dickinson Municipal Code 25.08.010. Etienne personally appeared before the Dickinson municipal jud...

North Dakota v. Jennewein  
Date: August 5, 2015
Citation: 2015 ND 192
Docket Numbers: 20140368, 20140369

Justia Opinion Summary: A Grand Forks police officer stopped a vehicle after observing it screech to a halt at an intersection, causing a group of people to jump out of the crosswalk. The officer approached the vehicle and found defendant-appel...

Prairie Supply, Inc. v. Apple Electric, Inc.  
Date: July 30, 2015
Citation: 2015 ND 190
Docket Numbers: 20140354, 20140357

Justia Opinion Summary: Prairie Supply, Inc. appealed a district court judgment ordering Prairie to pay Apple Electric, Inc. damages for conversion by the wrongful repossession of some ground heaters. In late 2011, Prairie and Apple entered int...

City of Moorhead v. Bridge Co.  
Date: July 30, 2015
Citation: 2015 ND 189
Docket Number: 20140431

Justia Opinion Summary: Bridge Company appeals a district court judgment ordering it to donate a toll bridge to the cities of Fargo, North Dakota, and Moorhead, Minnesota, free and clear of all liens. In May 1986, the cities and the Company ent...

Guardianship/Conservatorship of B.K.J.  
Date: July 30, 2015
Citation: 2015 ND 191
Docket Number: 20140446

Justia Opinion Summary: B.K.J. appealed a district court order appointing J.W. and Guardian and Protective Services, Inc. ("G.A.P.S"), as her co-guardians. B.K.J.'s niece, J.W., petitioned for the appointment of a guardian and a conservator on...

Estate of Gassmann  
Date: July 28, 2015
Citation: 2015 ND 188
Docket Number: 20140255

Justia Opinion Summary: Margaret Oakland appealed a judgment dismissing her objection to the probate of the will of her father, John Gassmann, after a jury found she failed to establish his will was the product of an insane delusion. She also a...

EOG Resources, Inc. v. Soo Line Railroad Co.  
Date: July 15, 2015
Citation: 2015 ND 187
Docket Number: 20140122

Justia Opinion Summary: Soo Line Railroad Company and G-4, LLC appealed the grant of summary judgment declaring Soo Line did not own an interest in the minerals in and under certain Mountrail County property, and that G-4 did not hold a valid l...

Interest of B.E.
Date: July 13, 2015
Citation: 2015 ND 186
Docket Number: 20150188
Kroschel v. Levi  
Date: July 7, 2015
Citation: 2015 ND 185
Docket Number: 20140265

Justia Opinion Summary: Appellant Morgan Kroschel appealed a district court judgment affirming the Department of Transportation's suspension of her driving privileges. Officer Ryan Haskell worked for the North Dakota State University Police Dep...

Gackle v. N.D. Dep't of Transportation
Date: July 6, 2015
Citation: 2015 ND 184
Docket Number: 20150022
Dockter v. Burleigh Cty. Bd. of Cty. Commn'rs  
Date: July 2, 2015
Citation: 2015 ND 183
Docket Number: 20140379

Justia Opinion Summary: Thane and Nicole Dockter appealed a judgment affirming a Burleigh County Board of County Commissioners' decision to rezone a 311 acre tract of land in Menoken Township from agricultural to industrial use. In affirming th...

Howe v. Disciplinary Board
Date: July 2, 2015
Citation: 2015 ND 182
Docket Number: 20150156
North Dakota v. Martinez  
Date: July 1, 2015
Citation: 2015 ND 173
Docket Number: 20140260

Justia Opinion Summary: Jose Martinez appealed after a jury found him guilty of gross sexual imposition. At the close of the State's case, Martinez moved for judgment of acquittal arguing evidence was insufficient to convict him. The court deni...

Schlittenhart v. N.D. Dep't of Transportation  
Date: July 1, 2015
Citation: 2015 ND 179
Docket Number: 20140262

Justia Opinion Summary: Teresa Schlittenhart appealed and the Department of Transportation cross-appealed a district court judgment that reversed a hearing officer's order suspending her driving privileges and remanding to the Department for a...

North Dakota v. Gates  
Date: July 1, 2015
Citation: 2015 ND 177
Docket Numbers: 20140317, 20150036

Justia Opinion Summary: Joan Gates appealed a district court order requiring her to pay $93,257.74 in restitution to the personal representative of the Lela Gates Estate, and an order denying her application for post-conviction relief. Gates wa...

North Dakota v. Lang  
Date: July 1, 2015
Citation: 2015 ND 181
Docket Number: 20140332

Justia Opinion Summary: Dallas Lang appealed after a jury found him guilty of felonious restraint. He argued that because a juror allegedly made inappropriate comments during jury selection, the district court should not have denied his motion...

Fugere v. Fugere  
Date: July 1, 2015
Citation: 2015 ND 174
Docket Number: 20140334

Justia Opinion Summary: The parties were married in August 2009 when Kevin Fugere was 51 years old and Marie Fugere was 46 years old, and they lived on a ranch Kevin owned. According to Kevin Fugere, his net worth at the time of the marriage ex...

North Dakota v. Packineau  
Date: July 1, 2015
Citation: 2015 ND 180
Docket Number: 20140353

Justia Opinion Summary: Guy Packineau appealed after a jury found him guilty of possession of drug paraphernalia, driving with a suspended license, and driving under the influence. At trial, Packineau objected to the State offering testimony fr...

Savre v. Santoyo  
Date: July 1, 2015
Citation: 2015 ND 170
Docket Number: 20140358

Justia Opinion Summary: Jose Santoyo appealed a judgment that awarded damages to Darwin Savre for overpayments under the parties' lease and purchase option agreement and dismissed Santoyo's counterclaim for damages to the leased property. Savre...

City of Williston v. Werkmeister  
Date: July 1, 2015
Citation: 2015 ND 172
Docket Number: 20140361

Justia Opinion Summary: In 2013, Kevin Werkmeister pled guilty to the charge of simple assault in violation of a city ordinance in Williston Municipal Court. In December 2013, Werkmeister moved to withdraw his guilty plea, arguing withdrawal wa...

Schiele v. Schiele  
Date: July 1, 2015
Citation: 2015 ND 169
Docket Number: 20140371

Justia Opinion Summary: The parties married in 1992 and divorced in 2012. Under the divorce judgment, the parties were awarded joint decision making for their two minor children, and Brenda Schiele was awarded primary residential responsibility...

Havemeier v. N.D. Dep't of Transportation  
Date: July 1, 2015
Citation: 2015 ND 178
Docket Number: 20140417

Justia Opinion Summary: A deputy sheriff pulled over Rebecca Havemeier's vehicle after observing her driving erratically in Dunn County. After failing field sobriety tests and registering a .286 alcohol concentration on an onsite screening test...

Weston v. Crummy
Date: July 1, 2015
Citation: 2015 ND 168
Docket Number: 20140421
North Dakota v. Breiner  
Date: July 1, 2015
Citation: 2015 ND 176
Docket Number: 20140427

Justia Opinion Summary: Jad Breiner appealed an amended criminal judgment entered upon a conditional plea of guilty to driving under the influence, reserving the right to appeal the order denying his motion in limine. Breiner argued computer-ge...

Interest of C.S.
Date: July 1, 2015
Citation: 2015 ND 165
Docket Number: 20140439
Votava v. Votava  
Date: July 1, 2015
Citation: 2015 ND 171
Docket Number: 20140460

Justia Opinion Summary: Andrew Votava appealed a district court order that denied his request to hold Kelly Votava in contempt and modified his parenting time. Upon review of the specific facts of this case, the Supreme Court concluded the dist...

Everett v. State
Date: July 1, 2015
Citation: 2015 ND 162
Docket Number: 20140464
State v. Schwab
Date: July 1, 2015
Citation: 2015 ND 161
Docket Number: 20140467
State v. Horvath
Date: July 1, 2015
Citation: 2015 ND 166
Docket Numbers: 20140468, 20140470
Curtiss v. State
Date: July 1, 2015
Citation: 2015 ND 159
Docket Number: 20150007
Gaede v. State
Date: July 1, 2015
Citation: 2015 ND 160
Docket Number: 20150026
Kirkpatrick v. State
Date: July 1, 2015
Citation: 2015 ND 163
Docket Number: 20150039
State v. Feist
Date: July 1, 2015
Citation: 2015 ND 164
Docket Number: 20150041
Gonzalez v. State
Date: July 1, 2015
Citation: 2015 ND 175
Docket Numbers: 20150050, 20150051
Adoption of A.J.S. and T.J.S.
Date: July 1, 2015
Citation: 2015 ND 167
Docket Number: 20150140
Brooks v. Brooks  
Date: June 18, 2015
Citation: 2015 ND 158
Docket Number: 20150044

Justia Opinion Summary: Roy Brooks appealed a district court order denying his motion to modify primary residential responsibility. Because the Supreme Court's review of this case was "significantly hampered" by the district court's failure to...

Disciplinary Board v. Lee
Date: June 16, 2015
Citation: 2015 ND 157
Docket Number: 20150152
Estate of Grengs  
Date: June 11, 2015
Citation: 2015 ND 152
Docket Number: 20140220

Justia Opinion Summary: Greg Grengs appeals from district court orders interpreting Anita Grengs' will and approving the final accounting and distribution of Anita Grengs' estate. After review of the specific facts of this case, the Supreme Cou...

Baker v. Sabinash  
Date: June 11, 2015
Citation: 2015 ND 153
Docket Number: 20140230

Justia Opinion Summary: Marlin and Tanya Sabinash appealed a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. In 1992, Marlin Sabinash owned real property subject to a mortgage with the Bank of North...

Estate of Bartelson  
Date: June 11, 2015
Citation: 2015 ND 147
Docket Number: 20140244

Justia Opinion Summary: Neil Bartelson appealed an order denying his petition to remove Guardian and Protective Services ("GAPS") as personal representative of Ralph Bartelson's estate and to appoint him as successor personal representative. Ra...

Everett v. North Dakota  
Date: June 11, 2015
Citation: 2015 ND 149
Docket Number: 20140288

Justia Opinion Summary: In December 2012, the State charged Russell Everett, Jr. with aggravated assault involving domestic violence, and counsel was appointed to represent him. Everett was unable to post bond and he remained in custody until M...

Mattern v. Frank J. Mattern Estate  
Date: June 11, 2015
Citation: 2015 ND 155
Docket Number: 20140296

Justia Opinion Summary: As surviving spouse of Frank Mattern, Jeanette Mattern appealed a district court judgment dividing the couple's marital homestead into three individual apartments and ordering Jeanette Mattern to pay rent retroactively a...

Sweeney v. Kirby  
Date: June 11, 2015
Citation: 2015 ND 148
Docket Number: 20140309

Justia Opinion Summary: Dawn Kirby appealed a district court order denying her motion to modify primary residential responsibility of the parties' minor child with Brian Sweeney to her. The Supreme Court affirmed, concluding the court's denial...

State v. Hornor
Date: June 11, 2015
Citation: 2015 ND 145
Docket Number: 20140367
North Dakota v. Leavitt  
Date: June 11, 2015
Citation: 2015 ND 146
Docket Number: 20140404

Justia Opinion Summary: Heather Leavitt was convicted by jury of the attempted murder her husband Timothy. In early 2014, Timothy "woke up to being stabbed by an assailant in his home." He was seriously injured, but was able to flee. On appeal,...

Ihli v. Lazzaretto  
Date: June 11, 2015
Citation: 2015 ND 151
Docket Number: 20140415

Justia Opinion Summary: Lori Ihli appealed a district court judgment dismissing her claims against Anthony Lazzaretto, d/b/a Lazzaretto Construction ("Lazzaretto"). In June 2011, Ihli's Minot home flooded. Ihli contacted Lazzaretto for an estim...

Wacht v. North Dakota  
Date: June 11, 2015
Citation: 2015 ND 154
Docket Number: 20140418

Justia Opinion Summary: Daniel Wacht appealed a district court order summarily dismissing his application for postconviction relief. Wacht was convicted by a jury in 2012 of the murder of Kurt Johnson. He was sentenced to life imprisonment with...

Peterka v. North Dakota  
Date: June 11, 2015
Citation: 2015 ND 156
Docket Number: 20140425

Justia Opinion Summary: Shane Peterka appealed a district court order granting summary judgment in favor of the State and denying in part Peterka's application for postconviction relief. Peterka was charged with 119 counts of unlawful possessio...

Pifer Group, Inc. v. Liebelt  
Date: June 11, 2015
Citation: 2015 ND 150
Docket Number: 20140442

Justia Opinion Summary: The Pifer Group, Inc., appealed, and Judith Liebelt and Sandra and Dennis Janke cross-appealed, a judgment awarding Pifer Group $8,215.81 for breach of two land auction sale agreements. Liebelt and the Jankes entered int...

State v. Smith
Date: June 11, 2015
Citation: 2015 ND 143
Docket Number: 20150019
State v. Olson
Date: June 11, 2015
Citation: 2015 ND 144
Docket Number: 20150034
Interest of B.E.
Date: June 11, 2015
Citation: 2015 ND 142
Docket Number: 20150146
Matter of Reciprocal Discipline of Delorme
Date: June 10, 2015
Citation: 2015 ND 141
Docket Number: 20150016
Chambering of Four New District Judgeships
Date: June 2, 2015
Citation: 2015 ND 138
Docket Number: 20150141
Peterbilt of Fargo, Inc. v. Red River Trucking, LLC  
Date: June 1, 2015
Citation: 2015 ND 140
Docket Number: 20140243

Justia Opinion Summary: Red River Trucking, LLC, appealed an amended judgment determining Peterbilt of Fargo, Inc., had a valid repairman's lien for completed repairs to a truck owned by Red River Trucking, Peterbilt breached a contract with Re...

Golberg v. N.D. Dep't of Transportation
Date: June 1, 2015
Citation: 2015 ND 139
Docket Number: 20140299
Funke v. Aggregate Construction, Inc.  
Date: May 27, 2015
Citation: 2015 ND 123
Docket Number: 20140052

Justia Opinion Summary: Aggregate Construction, Inc., appealed the grant of summary judgment which declared certain leases of shop and office property to Aggregate were terminated on December 31, 2011, and dismissing Aggregate's counterclaims a...

Ward Farms v. Enerbase Cooperative Resource  
Date: May 27, 2015
Citation: 2015 ND 136
Docket Number: 20140104

Justia Opinion Summary: This case stemmed from Ward Farms' purchase of Enerbase Cooperative Resource's tractor at a third-party auction sale. Michael Ward, a partner of Ward Farms, attended an auction sale, and bid on the tractor. Shortly after...

Estate of Hogen  
Date: May 27, 2015
Citation: 2015 ND 125
Docket Number: 20140119

Justia Opinion Summary: Rodney Hogen appealed and Steven Hogen, as personal representative of the estate of Arline Hogen, cross-appealed an order approving a final accounting and settlement in the probate of the estate of Arline Hogen. After re...

Riak v. North Dakota  
Date: May 27, 2015
Citation: 2015 ND 120
Docket Number: 20140128

Justia Opinion Summary: In 2009, Riak Riak pled guilty to a charge of gross sexual imposition, a class A felony, and was sentenced to twenty years in prison with three years suspended for ten years while on supervised probation. In 2010, Riak a...

Broten v. Broten  
Date: May 27, 2015
Citation: 2015 ND 127
Docket Number: 20140177

Justia Opinion Summary: James Broten, Louise Broten, and Linda Schuler are the children of Olaf Broten and Helen Broten ("the parents"). The parents originally owned approximately 480 acres of farmland in Barnes County. In 1979, they executed a...

Rounkles v. Levi  
Date: May 27, 2015
Citation: 2015 ND 128
Docket Number: 20140192

Justia Opinion Summary: Todd Rounkles appealed a district court's judgment affirming a North Dakota Department of Transportation hearing officer's decision suspending his driving privileges for ninety-one days for driving under the influence. O...

White v. T.P. Motel, L.L.C.  
Date: May 27, 2015
Citation: 2015 ND 118
Docket Number: 20140203

Justia Opinion Summary: Susan White appealed a judgment on the pleadings in favor of Glen and Loretta White in an action by Glen and Loretta White against T.P. Motel, L.L.C., and an order denying her motion to intervene. Susan White was married...

North Dakota v. Smith  
Date: May 27, 2015
Citation: 2015 ND 133
Docket Number: 20140219

Justia Opinion Summary: Alexander Smith appealed after a jury found him guilty of possession of cocaine with intent to deliver. The Supreme Court concluded that the district court's denial of Smith's motion to strike the mandatory minimum sente...

North Dakota v. Schmidt  
Date: May 27, 2015
Citation: 2015 ND 134
Docket Number: 20140272

Justia Opinion Summary: A law officer attempted to serve a misdemeanor bench warrant on Devan Lavallie at the location listed on the warrant. Deven Schmidt resided at that residence, but was not a subject of the warrant. Schmidt answered the do...

Johnson v. Mid Dakota Clinic, P.C.  
Date: May 27, 2015
Citation: 2015 ND 135
Docket Number: 20140274

Justia Opinion Summary: Joan Johnson, as personal representative of the Estate of Herman B. Johnson, and Marguerite Johnson, Herman Johnson's widow, appealed a district court's grant of summary judgment dismissing their action against Mid Dakot...

Marhula v. Grand Forks Curling Club  
Date: May 27, 2015
Citation: 2015 ND 130
Docket Number: 20140298

Justia Opinion Summary: C.T. Marhula appealed the judgment dismissing his action against Grand Forks Curling Club, Inc., for improper termination of his membership. Marhula was a member of the Club from the mid-1990s until January 15, 2012, whe...

Williams v. Williams  
Date: May 27, 2015
Citation: 2015 ND 129
Docket Number: 20140313

Justia Opinion Summary: Ellen and Ivan Williams were married in 1972; Ellen sued for divorce in 2012. At the time of trial, both parties were 62 years old. During the marriage, Ellen was a homemaker and primary care provider to the parties' thr...

Maxon v. State
Date: May 27, 2015
Citation: 2015 ND 116
Docket Numbers: 20140314, 20140473
Carlson v. GMR Transportation, Inc.  
Date: May 27, 2015
Citation: 2015 ND 121
Docket Number: 20140319

Justia Opinion Summary: In 2005, Merwin Carlson was injured in a traffic accident while hauling freight as a trucker under a contract with GMR. In 2006, Carlson filed a claim for workers' compensation benefits with Workforce Safety and Insuranc...

Chegwidden v. Evenson  
Date: May 27, 2015
Citation: 2015 ND 131
Docket Number: 20140340

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on a dispute between the Chegwiddens, as tenants, and Mitch Evenson, and Evenson Properties, LLP, as landlord. In November 2011, the parties entered i...

Estate of Nelson  
Date: May 27, 2015
Citation: 2015 ND 122
Docket Number: 20140377

Justia Opinion Summary: Glenn Solberg appealed a district court judgment dismissing his petition for allowance of a claim against the estate of Lyle Nelson, his deceased mother's second husband. Lyle Nelson died in 2012. He was married to Solbe...

State v. Matthews
Date: May 27, 2015
Citation: 2015 ND 119
Docket Number: 20140390
North Dakota v. Lowe  
Date: May 27, 2015
Citation: 2015 ND 126
Docket Number: 20140401

Justia Opinion Summary: On December 29, 2013, Johnny Lowe was booked into Morton County on Morton County case number 30-2011-CR-1042, Revocation of Probation--Possession of Methamphetamine & Possession of Drug Paraphernalia (Methamphetamine); B...

State v. 1986 Collins Fifth Wheel Camper
Date: May 27, 2015
Citation: 2015 ND 115
Docket Number: 20140406
Roberts v. N.D. Dep't of Transportation  
Date: May 27, 2015
Citation: 2015 ND 137
Docket Number: 20140433

Justia Opinion Summary: William Roberts appealed a district court judgment affirming an order of the Department of Transportation revoking his driving privileges for two years for refusing to submit to a chemical test. Roberts argued the distri...

Interest of Thorson
Date: May 27, 2015
Citation: 2015 ND 117
Docket Number: 20140443
North Dakota v. Bauer  
Date: May 27, 2015
Citation: 2015 ND 132
Docket Number: 20140453

Justia Opinion Summary: In February 2014, Watford City Police Officer Dylan Bostic stopped James Bauer for speeding at approximately 3:00 a.m., on Highway 85, near Watford City. During the stop, the officer noticed Bauer had slurred speech, wat...

North Dakota v. Kopperud  
Date: May 27, 2015
Citation: 2015 ND 124
Docket Number: 20150024

Justia Opinion Summary: Julie Ann Kopperud appealed a district court order granting the State's motion for her to pay $1,317.70 in jury expenses. Kopperud was charged with reckless driving, a class B misdemeanor. A jury trial was scheduled but...

Disciplinary Board v. Foster
Date: May 8, 2015
Citation: 2015 ND 114
Docket Number: 20150143
Disciplinary Board v. Fahrenholtz
Date: May 7, 2015
Citation: 2015 ND 113
Docket Numbers: 20150080, 20150082
Adams v. Adams  
Date: May 4, 2015
Citation: 2015 ND 112
Docket Number: 20140259

Justia Opinion Summary: Sandra Adams appealed an amended supplemental judgment dividing the marital estate between her and John Adams. On appeal, Sandra argued the district court's property division was not equitable, because the court erred in...

Estate of Johnson  
Date: May 1, 2015
Citation: 2015 ND 110
Docket Number: 20140173

Justia Opinion Summary: Jeanne Johnson died in June 2010. Her survivors included her children, Sandra Mark, Stuart Johnson, and Steven Johnson, and her grandson, Scott Johnson. Her will was admitted to informal probate, and Mark was appointed p...

Disciplinary Board v. Carpenter
Date: May 1, 2015
Citation: 2015 ND 111
Docket Number: 20140254
Carnes v. Snider
Date: May 1, 2015
Citation: 2015 ND 109
Docket Number: 20140345
State v. Blackcloud
Date: April 29, 2015
Citation: 2015 ND 108
Docket Number: 20140229
Matter of Loy  
Date: April 28, 2015
Citation: 2015 ND 92
Docket Number: 20140111

Justia Opinion Summary: Respondent-appellant Garrett Loy was convicted in 2004 of gross sexual imposition. In 2005, Loy pleaded guilty to a separate charge of gross sexual imposition and his probation from his 2004 conviction was revoked. Loy w...

Moe v. North Dakota  
Date: April 28, 2015
Citation: 2015 ND 93
Docket Number: 20140185

Justia Opinion Summary: In 2005, David Moe was convicted of possession of marijuana with intent to deliver, possession with intent to manufacture psilocybin, possession of methamphetamine with intent to deliver, and two counts of possession of...

Hall v. Malloy  
Date: April 28, 2015
Citation: 2015 ND 94
Docket Number: 20140196

Justia Opinion Summary: At issue in this case was the number of mineral acres owned by Todd Hall in a tract of land in Dunn County as a result of a conveyance from Harry L. Malloy to Todd Hall's predecessor in interest, Edwin Hall. Todd Hall cl...

Mowan v. Berg  
Date: April 28, 2015
Citation: 2015 ND 95
Docket Number: 20140201

Justia Opinion Summary: Brittney Berg appealed a district court judgment awarding primary residential responsibility of the parties' minor child to Darin Mowan. Berg and Mowan, who never married, had a child born in 2012. Mowan resided in Minot...

North Dakota v. Holkesvig  
Date: April 28, 2015
Citation: 2015 ND 105
Docket Numbers: 20140209, 20140210

Justia Opinion Summary: In 2008, Randy Holkesvig was charged with stalking, a class A misdemeanor, and with violation of a disorderly conduct restraining order, another class A misdemeanor. In June 2008, Holkesvig pleaded guilty to the stalking...

North Dakota v. Gonzalez  
Date: April 28, 2015
Citation: 2015 ND 106
Docket Number: 20140213

Justia Opinion Summary: In January 2004, Garron Gonzalez pled guilty to two counts of gross sexual imposition, both class A felonies. He was sentenced to five years' incarceration, with all but 130 days suspended for five years, and five years'...

Howard v. North Dakota  
Date: April 28, 2015
Citation: 2015 ND 102
Docket Number: 20140233

Justia Opinion Summary: In 2012, a jury found Leron Howard guilty of murder and conspiracy to commit murder. Howard appealed, arguing there was insufficient evidence to support the verdicts and the district court erred by using a multi-county j...

Viscito v. Christianson  
Date: April 28, 2015
Citation: 2015 ND 97
Docket Number: 20140252

Justia Opinion Summary: Matthew Viscito, Mary Lynn Berntson, and Florence Properties, LLC (collectively "Viscito") appeal from a district court judgment of dismissal without prejudice, which awarded Kevin Christianson, Pace's Lodging Corporatio...

Complete Plumbing Services, Inc. v. Brenna
Date: April 28, 2015
Citation: 2015 ND 90
Docket Number: 20140289
Filkowski v. N.D. Dep't of Transportation  
Date: April 28, 2015
Citation: 2015 ND 104
Docket Number: 20140290

Justia Opinion Summary: In October 2013, McKenzie County Deputy Sheriff Travis Bateman stopped defendant Michael Filkowski's vehicle after he observed the vehicle weave, leave the roadway on a curve and cross over the center line and into the l...

Evangelical Good Samaritan Society v. N.D. Dep't of Human Services  
Date: April 28, 2015
Citation: 2015 ND 96
Docket Number: 20140297

Justia Opinion Summary: In 2013, Emma Reiger entered the Good Samaritan Society's basic care facility. She executed a general durable power of attorney appointing two women "to be my attorneys-in-fact and co-agents in my name and for my benefit...

North Dakota v. Taylor  
Date: April 28, 2015
Citation: 2015 ND 100
Docket Number: 20140318

Justia Opinion Summary: A law enforcement officer with the Grand Forks Narcotics Task Force sought and obtained a search warrant to search a residence. In his affidavit in support of the warrant, the officer stated he received information from...

North Dakota v. Jasmann  
Date: April 28, 2015
Citation: 2015 ND 101
Docket Number: 20140322

Justia Opinion Summary: Matthew Jasmann appealed a judgment entered on a jury's verdict finding him guilty of gross sexual imposition. According to trial testimony, Jasmann met some family and friends at a local bar. While at the bar, Jasmann m...

Feist v. Feist  
Date: April 28, 2015
Citation: 2015 ND 98
Docket Number: 20140323

Justia Opinion Summary: Thomas Feist appealed, and Cheryl Feist cross-appealed a district court divorce judgment dividing the parties' marital estate. The parties were married in 1971 and divorced in 2013. The parties had two children together...

North Dakota v. Baxter  
Date: April 28, 2015
Citation: 2015 ND 107
Docket Number: 20140325

Justia Opinion Summary: On November 21, 2013, a Stark County deputy sheriff pulled over Kyle Baxter's vehicle in Dickinson after observing the vehicle with frost on the windshield weaving, being driven in the opposite lane of traffic, and almos...

Johnson v. Johnson  
Date: April 28, 2015
Citation: 2015 ND 99
Docket Number: 20140339

Justia Opinion Summary: Deanne Stai-Johnson (formerly Johnson) appealed a judicial referee's order denying her request to move out of state with the child over whom she had primary residential responsibility. The Supreme Court affirmed, conclud...

Interest of T.J.S.
Date: April 28, 2015
Citation: 2015 ND 91
Docket Numbers: 20140362, 20140364
North Dakota v. Williams  
Date: April 28, 2015
Citation: 2015 ND 103
Docket Number: 20140370

Justia Opinion Summary: Andrew Williams appealed a criminal judgment entered after conditionally pleading guilty to possession of marijuana with intent to deliver and drug paraphernalia. After review of the case, the Supreme Court held that the...

Vacancy in Judgeship No. 4, Northeast Central Judicial District
Date: April 27, 2015
Citation: 2015 ND 89
Docket Number: 20150018
Parizek v. State
Date: April 22, 2015
Citation: 2015 ND 87
Docket Number: 20140356
Tresenriter v. State
Date: April 22, 2015
Citation: 2015 ND 88
Docket Number: 20140359
Mesch v. Levi
Date: April 22, 2015
Citation: 2015 ND 86
Docket Number: 20140419
Interest of M.T.
Date: April 22, 2015
Citation: 2015 ND 85
Docket Number: 20150089
Curtiss v. State
Date: April 15, 2015
Citation: 2015 ND 83
Docket Number: 20140365
Interest of D.V.A.
Date: April 15, 2015
Citation: 2015 ND 84
Docket Number: 20140384
Interest of Hoff
Date: April 15, 2015
Citation: 2015 ND 82
Docket Number: 20140424
Keller v. N.D. Dep't of Transportation  
Date: April 9, 2015
Citation: 2015 ND 81
Docket Number: 20140341

Justia Opinion Summary: According to the administrative hearing testimony, a Bismarck police officer stopped appellant Richard Keller for driving over a lane-dividing line. The officer detected the odor of alcohol, and Keller admitted he had be...

State v. Trimble
Date: April 8, 2015
Citation: 2015 ND 80
Docket Number: 20140349
Pegg v. Kohn  
Date: April 3, 2015
Citation: 2015 ND 79
Docket Number: 20140202

Justia Opinion Summary: Kelly Kohn and Kohn Electric, LLC, appealed a damages award given in favor of Eugene Pegg for $11,299 for breach of an oral partnership agreement. Pegg had been an electrician for more than 30 years and had several emplo...

Ruddell v. State
Date: April 1, 2015
Citation: 2015 ND 78
Docket Number: 20140413
Service Oil, Inc. v. Gjestvang  
Date: March 30, 2015
Citation: 2015 ND 77
Docket Number: 20130366

Justia Opinion Summary: Service Oil, Inc., appealed and Rory Gjestvang, Brad Bjerke and LaRayne Haakenson cross-appealed a judgment entered after a bench trial dismissing the parties' claims involving their business relationship. Steven Lenthe...

Flynn v. Hurley Enterprises, Inc.  
Date: March 24, 2015
Citation: 2015 ND 58
Docket Number: 20130426

Justia Opinion Summary: Plaintiffs-appellants Arlen and Beverly Flynn appealed the dismissal of their action against Hurley Enterprises, Inc., for maintaining a public or private nuisance near their property in McKenzie County. The Supreme Cour...

Baker v. Autos, Inc.  
Date: March 24, 2015
Citation: 2015 ND 57
Docket Number: 20140033

Justia Opinion Summary: Darilyn Baker appealed a district court order denying her motion for class action certification. In 2007, Baker purchased a car from Autos, Inc., d.b.a. Global Auto. Baker financed the purchase of the car by trading in h...

Bleick v. N.D. Dep't of Human Services  
Date: March 24, 2015
Citation: 2015 ND 63
Docket Number: 20140103

Justia Opinion Summary: Shirley Bleick appealed a district court order affirming a Department of Human Services' decision denying her application for Medicaid benefits. The Supreme Court affirmed, concluding a preponderance of the evidence supp...

City of Napoleon v. Kuhn  
Date: March 24, 2015
Citation: 2015 ND 75
Docket Number: 20140134

Justia Opinion Summary: This case stemmed from plaintiff-appellant Leona Kuhn's improper disposal of debris from her house in the Napoleon city dump in late June 2013, after her house had been severely damaged by fire. The City of Napoleon main...

North Dakota v. Owens  
Date: March 24, 2015
Citation: 2015 ND 68
Docket Numbers: 20140142, 20140143

Justia Opinion Summary: In a June 2012 complaint, the State charged Billy Owens with leading a criminal association for purposes of committing felonious acts, and with conspiracy to commit aggravated assault for allegedly agreeing with one or m...

North Dakota v. Barnes  
Date: March 24, 2015
Citation: 2015 ND 64
Docket Number: 20140159

Justia Opinion Summary: In December 2013, Joseph Barnes made an initial appearance in the district court after being arrested and charged for driving while under the influence of alcohol, a class A misdemeanor. Barnes was also charged for drivi...

North Dakota v. Steen  
Date: March 24, 2015
Citation: 2015 ND 66
Docket Number: 20140160

Justia Opinion Summary: Issac Steen owned property located outside Williston in Williams County. The property contained a garbage dump. Law enforcement located the body of Jack Sjol within the garbage dump. Sjol had been missing for three weeks...

Eggers v. Eggers  
Date: March 24, 2015
Citation: 2015 ND 65
Docket Number: 20140165

Justia Opinion Summary: Timothy Eggers and Kimberly Eggers were married in 2002 and were residents of North Dakota. They had three minor children. Kimberly filed for divorce in 2012. She worked until 2008, after which both parties agreed she wo...

North Dakota v. Berg  
Date: March 24, 2015
Citation: 2015 ND 61
Docket Numbers: 20140175, 20140176

Justia Opinion Summary: Carrie Jean Berg appealed criminal judgments entered on guilty pleas for two counts of gross sexual imposition against a minor child. The Supreme Court affirmed, concluding Berg waived her factual argument regarding the...

Rencountre v. North Dakota  
Date: March 24, 2015
Citation: 2015 ND 62
Docket Number: 20140197

Justia Opinion Summary: In the early morning hours of October 10, 2010, a desk clerk at a Minot hotel was shot. Defendant Allen Rencountre was staying at the hotel and the shooting was recorded by the hotel's front desk security camera. Rencoun...

North Dakota v. Dahl  
Date: March 24, 2015
Citation: 2015 ND 72
Docket Number: 20140216

Justia Opinion Summary: Stacy Dahl appealed the criminal judgment entered following a conditional plea of guilty for the charge of possession of a controlled substance (methamphetamine) with intent to deliver. The Supreme Court affirmed, conclu...

Irwin v. City of Minot  
Date: March 24, 2015
Citation: 2015 ND 60
Docket Number: 20140217

Justia Opinion Summary: Robert and Donna Irwin owned a little over eight acres property located in Ward County. In 2011, the Souris River in Ward County flooded. The City of Minot acted to combat the flood by constructing emergency earthen dike...

Jordet v. Jordet  
Date: March 24, 2015
Citation: 2015 ND 76
Docket Number: 20140221

Justia Opinion Summary: Bradley Jordet appealed district court orders consolidating cases, adopting a judicial referee's decision denying his request for a money judgment against Tracy Jordet, and denying his motion for a new trial or amended f...

Jordet v. Jordet  
Date: March 24, 2015
Citation: 2015 ND 73
Docket Number: 20140232

Justia Opinion Summary: Bradley and Tracy Jordet were divorced in 2010. Bradley was awarded primary residential responsibility for the parties' two children and Tracy was ordered to pay child support. Bradley was ordered to pay Tracy rehabilita...

North Dakota v. Booth  
Date: March 24, 2015
Citation: 2015 ND 59
Docket Numbers: 20140256, 20140257, 20140258

Justia Opinion Summary: Defendant was charged with possession of a controlled substance, possession of drug paraphernalia, and four counts of endangerment of a child. Defendant was assigned an attorney and waived his right to a preliminary hear...

Myers v. State
Date: March 24, 2015
Citation: 2015 ND 54
Docket Number: 20140295
Lavallie v. Lavallie  
Date: March 24, 2015
Citation: 2015 ND 69
Docket Number: 20140306

Justia Opinion Summary: In September 2010, Chelsi Lavallie and the State of North Dakota as a statutory party in interest sued Curtis Lavallie for child support, alleging he was the natural father of a minor child born to Chelsi in 2010, he was...

North Dakota v. Lavallie  
Date: March 24, 2015
Citation: 2015 ND 74
Docket Number: 20140328

Justia Opinion Summary: Kesha Lavallie and Dustin Lavallie had a child born in 2010. Dustin claimed he was and is "an enrolled resident of the Turtle Mountain Indian Reservation." He stated he is "temporarily confined to the North Dakota State...

State v. Eaglechasing
Date: March 24, 2015
Citation: 2015 ND 56
Docket Number: 20140336
Hankey v. Hankey  
Date: March 24, 2015
Citation: 2015 ND 70
Docket Number: 20140350

Justia Opinion Summary: The parties divorced in October 2011. Jill Hankey was awarded primary residential responsibility of the parties' minor child, L.C.H., who was born in 2009, subject to Blake Hankey's right of parenting time, and the parti...

Interest of Johnson  
Date: March 24, 2015
Citation: 2015 ND 71
Docket Number: 20140366

Justia Opinion Summary: Jeremy Johnson was committed as a sexually dangerous individual in 2012, and his commitment was affirmed by the North Dakota Supreme Court in "Interest of Johnson," (835 N.W.2d 806). In August 2013, Johnson petitioned th...

Holkesvig v. Rost
Date: March 24, 2015
Citation: 2015 ND 67
Docket Number: 20140399
Otto v. State
Date: March 24, 2015
Citation: 2015 ND 55
Docket Number: 20140400
State v. Daye
Date: March 19, 2015
Citation: 2015 ND 52
Docket Number: 20140294
Wojahn v. Levi
Date: March 19, 2015
Citation: 2015 ND 50
Docket Number: 20140315
Holkesvig v. Hutton
Date: March 19, 2015
Citation: 2015 ND 48
Docket Number: 20140320
Kirkpatrick v. State
Date: March 19, 2015
Citation: 2015 ND 49
Docket Number: 20140321
Nails v. US Bank N.A.
Date: March 19, 2015
Citation: 2015 ND 51
Docket Number: 20140329
Pederson v. State
Date: March 19, 2015
Citation: 2015 ND 53
Docket Number: 20140343
Owens v. State
Date: March 6, 2015
Citation: 2015 ND 47
Docket Number: 20140282
Romero v. State
Date: March 6, 2015
Citation: 2015 ND 46
Docket Number: 20140287
State v. Harns
Date: February 25, 2015
Citation: 2015 ND 45
Docket Number: 20140236
Royal Jewelers, Inc. v. Light  
Date: February 20, 2015
Citation: 2015 ND 44
Docket Number: 20140125

Justia Opinion Summary: Sherri Light, individually and as personal representative of the estate of Steven Light, appealed a judgment entered after a bench trial determining GRB Financial Corporation held a valid and enforceable security interes...

North Dakota v. White Bird  
Date: February 12, 2015
Citation: 2015 ND 41
Docket Number: 20130402

Justia Opinion Summary: Defendant Damon White Bird was convicted by jury of attempted murder, felonious restraint, tampering with physical evidence, and aggravated assault. White Bird filed a document in which he fired his attorney and moved to...

Steinbach v. North Dakota  
Date: February 12, 2015
Citation: 2015 ND 34
Docket Number: 20140069

Justia Opinion Summary: In April 1997, a jury convicted petitioner-appellant Mark Steinbach of murder, and physical obstruction of a governmental function and tampering with physical evidence. Steinbach was sentenced to life imprisonment, witho...

City of Harwood v. City of Reiles Acres  
Date: February 12, 2015
Citation: 2015 ND 33
Docket Number: 20140089

Justia Opinion Summary: In the early 1980s, the cities of Harwood and Reiles Acres entered a series of agreements to address common waste water treatment problems. In June 1985, they agreed in writing to construct and operate the Harwood Lagoon...

State v. Beylund
Date: February 12, 2015
Citation: 2015 ND 27
Docket Number: 20140105
Winarske v. State
Date: February 12, 2015
Citation: 2015 ND 21
Docket Numbers: 20140112, 20140118
Nandan, LLP v. City of Fargo  
Date: February 12, 2015
Citation: 2015 ND 37
Docket Number: 20140121

Justia Opinion Summary: Nandan, LLP, and Border States Paving, Inc., (collectively, "Border States") appealed a district court judgment dismissing its amended complaint against the City of Fargo for failing to state a claim on which relief coul...

Beylund v. Levi  
Date: February 12, 2015
Citation: 2015 ND 18
Docket Number: 20140133

Justia Opinion Summary: Steve Beylund appealed a district court judgment affirming a Department of Transportation decision to suspend his driving privileges for two years. After review, the Supreme Court concluded Beylund voluntarily consented...

Runge v. Disciplinary Board
Date: February 12, 2015
Citation: 2015 ND 32
Docket Number: 20140135
North Dakota v. Eckroth  
Date: February 12, 2015
Citation: 2015 ND 40
Docket Number: 20140136

Justia Opinion Summary: Jesse Eckroth appealed a district court judgment that sentenced him on his third offense of driving under the influence ("DUI"), a class A misdemeanor. Eckroth argued the district court order sentencing him for his third...

Interest of J.A.H.
Date: February 12, 2015
Citation: 2015 ND 20
Docket Numbers: 20140145, 20140146
North Dakota v. Gasal  
Date: February 12, 2015
Citation: 2015 ND 43
Docket Number: 20140147

Justia Opinion Summary: Gayne Gasal appealed a district court criminal judgment after a jury convicted him of hunting without a license, and the district court's order denying his motions to suppress evidence obtained after the issuance of a se...

North Dakota v. Apland  
Date: February 12, 2015
Citation: 2015 ND 29
Docket Number: 20140150

Justia Opinion Summary: Based on information from a confidential informant, the Ward County Narcotics Task Force was investigating a suspect involved in selling and distributing methamphetamine. While accompanying the suspect during several dru...

North Dakota v. Glaser  
Date: February 12, 2015
Citation: 2015 ND 31
Docket Number: 20140174

Justia Opinion Summary: Defendant Gary Glaser was charged with indecent exposure after he allegedly pulled up to a stranger walking on a sidewalk, stopped his vehicle, and exposed himself (his genitals) to the victim. Glaser initially pled not...

Peltier v. North Dakota  
Date: February 12, 2015
Citation: 2015 ND 35
Docket Number: 20140178

Justia Opinion Summary: Stacy Peltier appealed the denial of his petition for post-conviction relief. Peltier pled guilty to eighteen burglary counts stemming from burglaries in eight North Dakota counties. The trial court accepted his pleas an...

Mackey v. State
Date: February 12, 2015
Citation: 2015 ND 28
Docket Number: 20140181
Sterling Development Group Three, LLC v. Carlson  
Date: February 12, 2015
Citation: 2015 ND 39
Docket Number: 20140188

Justia Opinion Summary: Sterling Development Group Three, LLC, and Sterling Development Group Eight, LLC, appealed a judgment dismissing their action against James Carlson to collect on two personal guarantees, and an order awarding Carlson cos...

Culver v. Levi
Date: February 12, 2015
Citation: 2015 ND 26
Docket Number: 20140195
Hoverson v. Hoverson  
Date: February 12, 2015
Citation: 2015 ND 38
Docket Number: 20140198

Justia Opinion Summary: Sandra Hoverson appealed an amended divorce judgment denying her motion to modify spousal support and parenting time, granting Carl Hoverson's motion to modify parenting time and to appoint a parenting coordinator, and g...

Waslaski v. State
Date: February 12, 2015
Citation: 2015 ND 30
Docket Number: 20140245
North Dakota v. Bear  
Date: February 12, 2015
Citation: 2015 ND 36
Docket Number: 20140253

Justia Opinion Summary: On November 23, 2013, while patrolling on an alleged section line in a state vehicle, a state game warden followed hunters northwest of Jamestown and struck a large rock, damaging the vehicle. After observing the acciden...

Haugen v. Simmons
Date: February 12, 2015
Citation: 2015 ND 25
Docket Number: 20140261
State v. Johnson
Date: February 12, 2015
Citation: 2015 ND 19
Docket Number: 20140286
Rath v. Rath
Date: February 12, 2015
Citation: 2015 ND 22
Docket Number: 20140291
Seay v. Seay  
Date: February 12, 2015
Citation: 2015 ND 42
Docket Number: 20140312

Justia Opinion Summary: The parties married in June 2004 and divorced in September 2011. After a trial, Svetlana Seay was awarded primary residential responsibility of the parties' minor child and her seventeen-year-old son from a previous rela...

Huffman Inc. v. WSI
Date: February 12, 2015
Citation: 2015 ND 23
Docket Number: 20140348
Interest of D.D.
Date: February 12, 2015
Citation: 2015 ND 24
Docket Numbers: 20140456, 20140457, 20140465, 20140466
Disciplinary Board v. Stanley
Date: February 10, 2015
Citation: 2015 ND 17
Docket Number: 20140420
Law v. Whittet  
Date: January 22, 2015
Citation: 2015 ND 16
Docket Number: 20140268

Justia Opinion Summary: Nicholas Law appealed a district court amended judgment that awarded Danielle Whittet parenting time every alternating week and ordered Law to pay child support. The North Dakota Supreme Court addressed this case previou...

Nemec v. Disciplinary Board
Date: January 15, 2015
Citation: 2015 ND 15
Docket Number: 20110136
North Dakota v. Galvez  
Date: January 15, 2015
Citation: 2015 ND 14
Docket Number: 20140029

Justia Opinion Summary: In November 2012, defendant-appellant Juan Galvez was charged with two counts of gross sexual imposition, both class A felonies, for engaging in sexual acts with two minor girls. According to the complaint, the girls wer...

Mertz v. Mertz  
Date: January 15, 2015
Citation: 2015 ND 13
Docket Number: 20140072

Justia Opinion Summary: Mervyn Mertz appeals from a district court divorce judgment distributing marital assets and debts and ordering him to pay spousal support. He argues the district court erroneously awarded permanent spousal support and th...

North Dakota v. Kovalevich  
Date: January 15, 2015
Citation: 2015 ND 11
Docket Number: 20140091

Justia Opinion Summary: Defendant-appellant Sean Kovalevich was charged with two counts of gross sexual imposition and one count of corruption of a minor. The State alleged Kovalevich engaged in a sexual act with a minor female at a hotel in Gr...

North Dakota v. Birchfield  
Date: January 15, 2015
Citation: 2015 ND 6
Docket Number: 20140109

Justia Opinion Summary: In 2013, defendant-appellant Danny Birchfield drove into a ditch in Morton County. A highway patrol officer arrived at the scene, believed Birchfield was intoxicated, and asked Birchfield to perform field sobriety tests,...

State v. Washburn
Date: January 15, 2015
Citation: 2015 ND 8
Docket Number: 20140154
Combs v. Lund  
Date: January 15, 2015
Citation: 2015 ND 10
Docket Number: 20140163

Justia Opinion Summary: Justin Combs and Lisa Combs were in the midst of a divorce. Dallas Lund was dating Lisa. In the early hours of March 23, 2014, Lisa had an argument with one of her children at the Combs' residence. The argument became ph...

Ratchenski v. Lindell
Date: January 15, 2015
Citation: 2015 ND 5
Docket Number: 20140180
Johnson v. North Dakota  
Date: January 15, 2015
Citation: 2015 ND 7
Docket Number: 20140191

Justia Opinion Summary: In 1999, Robert L. Johnson was charged with one count of simple assault and two counts of contact by bodily fluid or excrement. Johnson was tried and convicted of all three counts. Because of improper jury instructions,...

State v. Evans
Date: January 15, 2015
Citation: 2015 ND 4
Docket Number: 20140218
Keller v. N.D. Dep't of Transportation  
Date: January 15, 2015
Citation: 2015 ND 9
Docket Number: 20140238

Justia Opinion Summary: A Beulah police officer observed Jesse Keller driving with an obstructed license plate. Keller turned his vehicle into a parking lot and stopped. The officer parked next to Keller's vehicle and, when Keller exited the ve...

Interest of M.S.
Date: January 15, 2015
Citation: 2015 ND 3
Docket Number: 20140435
Interest of L.B.  
Date: January 15, 2015
Citation: 2015 ND 12
Docket Number: 20140447

Justia Opinion Summary: In November 2014, Dr. Gabriela Balf-Soran filed an involuntary commitment petition claiming L.B. was mentally ill and chemically dependent. On November 13, 2014, Carmen Johnson and Dr. Lacey Armstrong filed a Report of E...

Interest of E.L.
Date: January 15, 2015
Citation: 2015 ND 2
Docket Number: 20140462
North Dakota v. Brossart  
Date: January 12, 2015
Citation: 2015 ND 01
Docket Numbers: 20140024, 20140027

Justia Opinion Summary: A jury found defendant-appellant Rodney Brossart guilty of terrorizing, preventing arrest, and failing to comply with the law for estray animals. In 2011, two of Brossart's adult children observed three cow-calf pairs lo...

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