North Dakota Supreme Court Decisions 2019

North Dakota v. Smith  
Date: October 3, 2019
Citation: 2019 ND 239
Docket Number: 20180416

Justia Opinion Summary: Marquis Smith appealed after a jury found him guilty of two counts of gross sexual imposition. The State alleged Smith had sexual contact with a seven-year-old child on December 9-10, 2017. The alleged victim was the chi...

State v. Gray
Date: October 3, 2019
Citation: 2019 ND 31
Docket Number: 20190031
Whetsel v. State
Date: October 3, 2019
Citation: 2019 ND 237
Docket Number: 20190034
Trulson, et al. v. Meiers, et al.  
Date: October 3, 2019
Citation: 2019 ND 243
Docket Number: 20190035

Justia Opinion Summary: Curtis and Lesley Trulson appealed a judgment quieting title to a mineral royalty interest in John (“Tony”) and Jean Meiers. The district court ruled a royalty deed from the Meiers was not delivered and did not convey a...

Carlson v. State
Date: October 3, 2019
Citation: 2019 ND 242
Docket Number: 20190057
State v. Gregory
Date: October 3, 2019
Citation: 2019 ND 241
Docket Number: 20190060
North Dakota v. Tyler  
Date: October 3, 2019
Citation: 2019 ND 246
Docket Number: 20190067

Justia Opinion Summary: Terrance Tyler appealed his conviction for Aggravated Assault in violation of N.D.C.C. 12.1-17-02(1)(a). Tyler was charged with Aggravated Assault following an altercation with the victim. The victim was subpoenaed by th...

Brock v. Price, et al.  
Date: October 3, 2019
Citation: 2019 ND 240
Docket Number: 20190092

Justia Opinion Summary: Huey Brock appealed judgments dismissing his negligence action against Richard Price and KS Industries, LLC (“LLC”) and awarding Price and LLC costs and disbursements in the amount of $181,467. Price and LLC cross-appeal...

First National Bank of Omaha v. Young
Date: October 3, 2019
Citation: 2019 ND 244
Docket Number: 20190113
Ramirez v. Houge, et al.
Date: October 3, 2019
Citation: 2019 ND 245
Docket Number: 20190120
North Dakota v. Vogt  
Date: October 3, 2019
Citation: 2019 ND 236
Docket Number: 20190124

Justia Opinion Summary: Jason Vogt appealed a district court’s orders summarily dismissing his motion to vacate judgment and withdraw guilty plea. In 2014, Vogt pleaded guilty to one felony count of gross sexual imposition and was sentenced. In...

Interest of G.D-M.
Date: October 3, 2019
Citation: 2019 ND 235
Docket Numbers: 20190232, 20190233
Cichos, et al. v. Dakota Eye Institute, P.C., et al.  
Date: September 24, 2019
Citation: 2019 ND 234
Docket Number: 20180347

Justia Opinion Summary: Plaintiffs appealed the district court’s judgment and amended judgment dismissing their complaint. In May 2016, Lyle Lima was driving his truck on a highway when he collided with a horse-drawn hay trailer. The collision...

Larson, et al. v. Tonneson, et al.  
Date: September 12, 2019
Citation: 2019 ND 230
Docket Number: 20180169

Justia Opinion Summary: Jon Tonneson and Mary Issendorf, in her personal capacity and as personal representative of the estate of Vesper Shirley, (“defendants”) appealed a judgment quieting title to certain property in Teresa Larson, Janet Sche...

Alvarado v. N.D. Dept. of Transportation  
Date: September 12, 2019
Citation: 2019 ND 231
Docket Number: 20190032

Justia Opinion Summary: The North Dakota Department of Transportation (NDDOT) appealed a district court judgment reversing an administrative hearing officer's decision to revoke Ewer Alvarado's driving privileges for 180 days. NDDOT argued the...

Interest of Hoff
Date: September 12, 2019
Citation: 2019 ND 232
Docket Number: 20190066
Franciere v. City of Mandan  
Date: September 12, 2019
Citation: 2019 ND 233
Docket Number: 20190122

Justia Opinion Summary: On August 14, 2017, Susan Franciere and her dog were attacked by another dog in Mandan. Two days later, she went to the Mandan Police Department, asserted her rights under Article I, section 25 of the North Dakota Consti...

North Dakota v. Greenshields  
Date: August 29, 2019
Citation: 2019 ND 229
Docket Number: 20190105

Justia Opinion Summary: The State of North Dakota appealed an order dismissing a criminal complaint charging Jerome Greenshields with two counts of sexual assault and one count of gross sexual imposition. In February 2018, the State charged Gre...

Pennington, et al. v. Continental Resources, Inc.  
Date: August 27, 2019
Citation: 2019 ND 228
Docket Number: 20190063

Justia Opinion Summary: In 2011, Plaintiffs Rhonda Pennington, Steven Nelson, Donald Nelson, and Charlene Bjornson executed oil and gas leases for property in McKenzie County, North Dakota. Each lease term was three years with a lessee option t...

North Dakota v. Johns  
Date: August 26, 2019
Citation: 2019 ND 227
Docket Number: 20180431

Justia Opinion Summary: In 2018, the State charged Joe Johns with unlawful possession of drug paraphernalia as a class C felony second offense under N.D.C.C. 19-03.4-03(2), which enhanced the charge from a class A misdemeanor to a class C felon...

North Dakota Private Investigative & Security Board v. TigerSwan, LLC, et al.  
Date: August 22, 2019
Citation: 2019 ND 219
Docket Number: 20180338

Justia Opinion Summary: The North Dakota Private Investigative and Security Board appealed, and TigerSwan, LLC and James Reese cross-appealed, a judgment dismissing the Board’s request for an injunction prohibiting TigerSwan and Reese from prov...

North Dakota v. Hoehn  
Date: August 22, 2019
Citation: 2019 ND 222
Docket Number: 20180400

Justia Opinion Summary: William Hoehn appealed after he was convicted of conspiracy to commit kidnapping and giving false information to law enforcement. Hoehn was in a relationship with Brooke Crews. Crews killed Savanna LaFontaine-Greywind by...

Nelson, et al. v. Nelson, et al.  
Date: August 22, 2019
Citation: 2019 ND 221
Docket Number: 20180421

Justia Opinion Summary: Steven Nelson, individually and for the benefit of J&S Nelson Farms, LLP, appealed a judgment determining the value of his interest in the Nelson Farms partnership, and an order denying his post-judgment motions. Nelson...

In re Anderson  
Date: August 22, 2019
Citation: 2019 ND 217
Docket Number: 20180424

Justia Opinion Summary: The United States Bankruptcy Court for the District of North Dakota certified a question of law to the North Dakota Supreme Court, asking whether a married debtor was entitled to an exemption up to $100,000 for his undiv...

Plains Trucking, LLC v. Cresap, et al.
Date: August 22, 2019
Citation: 2019 ND 226
Docket Number: 20190014
North Dakota v. Poulor  
Date: August 22, 2019
Citation: 2019 ND 215
Docket Number: 20190017

Justia Opinion Summary: Kanakai Poulor was convicted by jury of gross sexual imposition. After review of his appeal, the North Dakota Supreme Court concluded the State did not violate the Confrontation Clause when it presented a video recorded...

Plains Trucking, LLC v. Hagar, et al.  
Date: August 22, 2019
Citation: 2019 ND 226
Docket Numbers: 20190022, 20190014

Justia Opinion Summary: Plains Trucking’s petitions sought supervisory writs from the North Dakota Supreme Court in two civil actions that arose out of an explosion on March 27, 2013. One worker, Trevor Davis, was killed, and another worker, Da...

Chase v. North Dakota  
Date: August 22, 2019
Citation: 2019 ND 214
Docket Number: 20190023

Justia Opinion Summary: In 2014, Lorry Van Chase was convicted by jury of gross sexual imposition. He appealed to the North Dakota Supreme Court, and the conviction was affirmed. In 2016, Chase applied for post-conviction relief, alleging ineff...

City of Bismarck v. Vagts  
Date: August 22, 2019
Citation: 2019 ND 224
Docket Number: 20190026

Justia Opinion Summary: Melanie Vagts appealed after the district court denied her motion to suppress evidence and she conditionally pled guilty to a charge of actual physical control of a motor vehicle while under the influence of alcohol. Aft...

North Dakota v. Casson  
Date: August 22, 2019
Citation: 2019 ND 216
Docket Number: 20190028

Justia Opinion Summary: John Casson appealed a criminal judgment entered after his conditional plea of guilty to possession of a controlled substance and drug paraphernalia, reserving the right to appeal the denial of his motion to suppress evi...

North Dakota v. Kenny  
Date: August 22, 2019
Citation: 2019 ND 218
Docket Number: 20190030

Justia Opinion Summary: In 2018, a district court referee entered two temporary disorderly conduct restraining orders against Donna Kenny, which were sought by two of her neighbors. The neighbors lived in the same five-unit condominium complex....

In re Anderson
Date: August 22, 2019
Citation: 2019 ND 225
Docket Number: 20180424
Kalmio v. North Dakota  
Date: August 22, 2019
Citation: 2019 ND 223
Docket Number: 20190051

Justia Opinion Summary: Omar Kalmio appealed after the district court entered a judgment on remand again denying his post-conviction relief application. The North Dakota Supreme Court concluded the district court on remand did not clearly err i...

WSI v. Taylor, et al.  
Date: August 22, 2019
Citation: 2019 ND 220
Docket Number: 20190059

Justia Opinion Summary: In 2014, Leonard Taylor, then 55 years old, sustained severe work-related injuries when he fell 15 feet while employed as an electrician by Industrial Contractors, Inc. Taylor suffered multiple compression fractures of t...

Disciplinary Board v. Bolinske
Date: August 19, 2019
Citation: 2019 ND 213
Docket Number: 20190109
Chambering New District Judgeship in the SCJD
Date: August 7, 2019
Citation: 2019 ND 212
Docket Number: 20190210
Zuo v. Wang  
Date: August 6, 2019
Citation: 2019 ND 211
Docket Number: 20180403

Justia Opinion Summary: Yanjun Zuo appealed a district court judgment and post-judgment orders awarding Yuanyuan Wang marital property, spousal support, and primary residential responsibility of the parties’ minor child. Zuo argues the court er...

Kovalevich v. North Dakota  
Date: August 5, 2019
Citation: 2019 ND 210
Docket Numbers: 20190024, 20190025

Justia Opinion Summary: In October 2013, a jury found Sean Kovalevich guilty of two counts of gross sexual imposition and one count of corruption of a minor. The conviction resulted from sexual acts occurring in 2012 at the Canad Inn in Grand F...

Matter of Reciprocal Discipline of Rosso
Date: August 1, 2019
Citation: 2019 ND 208
Docket Number: 20190191
Matter of Reciprocal Discipline of Scher
Date: August 1, 2019
Citation: 2019 ND 209
Docket Number: 20190192
SWMO, LLC v. Eagle Rigid Spans Inc., et al.  
Date: July 31, 2019
Citation: 2019 ND 207
Docket Number: 20180407

Justia Opinion Summary: SWMO, LLC appealed district court orders granting partial summary judgment to Mon-Dak Plumbing and Heating, Inc. and RK Electric relating to their work performed on a building owned by SWMO. SWMO contracted with Eagle Ri...

North Dakota v. Morales  
Date: July 30, 2019
Citation: 2019 ND 206
Docket Number: 20180366

Justia Opinion Summary: Bradley Joe Morales appealed a district court criminal judgment following a jury verdict finding him guilty of murdering his ex-girlfriend. Morales argued a motion hearing, evidentiary hearing, and parts of his trial wer...

Great West Casualty Company v. Butler Machinery Company  
Date: July 30, 2019
Citation: 2019 ND 200
Docket Number: 20180375

Justia Opinion Summary: Bad Habit Trucking LLC owned a 1996 Peterbilt truck. Great West Casualty Company insured the truck. Dusty Weinreis, a member of Bad Habit Trucking LLC, took the truck to Butler Machinery Company for service work. The tru...

Wachter Development, Inc. v. Martin, et al.  
Date: July 30, 2019
Citation: 2019 ND 202
Docket Number: 20180379

Justia Opinion Summary: Andrea and Kevin Martin appealed a district court judgment ordering the removal of a fence on their property after finding the fence violated restrictive covenants recorded against the property. The Martins argued the re...

Robinson v. WSI  
Date: July 30, 2019
Citation: 2019 ND 201
Docket Number: 20180383

Justia Opinion Summary: Jack Robinson appeals from a district court judgment affirming a Workforce Safety and Insurance (“WSI”) order finding Robinson personally liable for any unpaid workers’ compensation premiums, penalties, interest, and cos...

Rodenburg Law Firm v. Sira, et al.  
Date: July 30, 2019
Citation: 2019 ND 205
Docket Number: 20180401

Justia Opinion Summary: The Rodenburg Law Firm appealed a judgment dismissing its action against Kathy Sira, Mikhail Usher, and the Usher Law Group, P.C., for malicious prosecution, abuse of process, and exemplary damages. Sira initiated a Fair...

Facio v. N.D. Dept. of Transportation  
Date: July 30, 2019
Citation: 2019 ND 199
Docket Number: 20180405

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgent reversing a Department decision suspending Juan Facio's driving privileges for 365 days. Facio was arrested for driving under the influence...

North Dakota v. Nelson  
Date: July 30, 2019
Citation: 2019 ND 204
Docket Number: 20180406

Justia Opinion Summary: Jessica Nelson appealed after she was sentenced to three years in jail for possession with intent to manufacture or deliver methamphetamine. She argued on appeal the district court erred in denying her request to withdra...

WSI v. Sandberg, et al.  
Date: July 30, 2019
Citation: 2019 ND 198
Docket Number: 20180442

Justia Opinion Summary: Workforce Safety and Insurance (“WSI”) appealed a judgment affirming an administrative law judge’s (“ALJ”) decision that John Sandberg sustained a compensable injury because his repetitive work activities substantially w...

Munson v. Indigo Acquisition Holdings, LLC, et al.  
Date: July 30, 2019
Citation: 2019 ND 197
Docket Number: 20190027

Justia Opinion Summary: Wayne Munson appealed a district court judgment granting Indigo Acquisition Holdings’ (IAH) motion for judgment on the pleadings. In 2009, Munson and other employees of Indigo Signworks entered into an agreement to parti...

North Dakota v. Dockter  
Date: July 30, 2019
Citation: 2019 ND 203
Docket Number: 20190061

Justia Opinion Summary: Amanda Dockter appealed an order revoking her probation. Dockter was initially charged with corruption or solicitation of a minor in Eddy County, North Dakota. In November 2017, the State amended the charge against Dockt...

Estate of Hall  
Date: July 18, 2019
Citation: 2019 ND 196
Docket Number: 20190009

Justia Opinion Summary: Brianna McLaen appealed an order granting Tyson Hall’s petition for an elective share of the Estate of Kandi Ann Hall. McLaen argued the district court erred by determining Tyson Hall could claim an elective share of Kan...

Twete v. Mullin, et al.  
Date: July 11, 2019
Citation: 2019 ND 184
Docket Number: 20170450

Justia Opinion Summary: Clinton Mullin and Valrena Nelson appealed a judgment and order denying a new trial. The judgment was entered after a jury found Mullin liable for a breach of trust and awarded Richard Twete damages for the loss of use a...

North Dakota v. Thomas  
Date: July 11, 2019
Citation: 2019 ND 194
Docket Number: 20180257

Justia Opinion Summary: Ross Thomas appealed after a jury found him guilty of terrorizing, a class C felony. Trial started on March 28, 2018. The following day, the State and defendant rested, and the case was submitted to the jury. At the end...

State v. West
Date: July 11, 2019
Citation: 2019 ND 182
Docket Number: 20180358
North Dakota v. Swanson  
Date: July 11, 2019
Citation: 2019 ND 181
Docket Number: 20180373

Justia Opinion Summary: Chase Swanson appealed a district court’s judgment finding him guilty of conspiracy to commit murder. The jury instructions allowed Swanson to be convicted of a conspiracy to “knowingly” cause the death of another human...

McCarthy v. Getz  
Date: July 11, 2019
Citation: 2019 ND 190
Docket Number: 20180418

Justia Opinion Summary: Kelly McCarthy appealed after a district court dismissed her complaint against Dr. Ariane Getz with prejudice. On September 23, 2015, McCarthy’s daughter died by suicide. Prior to her death, McCarthy’s daughter received...

Smithberg v. Smithberg, et al.  
Date: July 11, 2019
Citation: 2019 ND 195
Docket Number: 20180420

Justia Opinion Summary: Ronald Smithberg appealed a judgment ordering Smithberg Brothers, Inc., to purchase his interest in the family farm corporation for $169,985 and dismissing on summary judgment his other claims against the corporation and...

Wilkens v. Westby  
Date: July 11, 2019
Citation: 2019 ND 186
Docket Number: 20180430

Justia Opinion Summary: Branden Wilkens appealed a district court judgment and order dismissing his complaint against Tarin Westby without prejudice, concluding service under N.D.C.C. 39-01-11 was improper. Wilkens and Westby were involved in a...

Klein v. Estate of Luithle  
Date: July 11, 2019
Citation: 2019 ND 185
Docket Number: 20180433

Justia Opinion Summary: Mark Klein appealed a judgment following a jury verdict awarding him compensatory damages resulting from a vehicular accident. Klein and Sarah Luithle were in a vehicular accident in 2011 (Luithle died in 2014 from unrel...

North Dakota v. Blaskowski  
Date: July 11, 2019
Citation: 2019 ND 192
Docket Number: 20190002

Justia Opinion Summary: Nicholas Blaskowski appealed after a jury found him guilty of driving under the influence under N.D.C.C. 39-08- 01(1)(a). Blaskowski argued the district court erred in admitting the results of his chemical breath test in...

North Dakota v. Norton  
Date: July 11, 2019
Citation: 2019 ND 191
Docket Number: 20190003

Justia Opinion Summary: Spencer Norton appealed a district court’s criminal judgment entered following a jury verdict finding him guilty of terrorizing. In November 2017, Norton was detained after being charged with arson. While detained, Norto...

North Dakota v. Shipton  
Date: July 11, 2019
Citation: 2019 ND 188
Docket Numbers: 20190040, 20190041

Justia Opinion Summary: Dennis Shipton appealed district court orders summarily dismissing his petition for a writ of error coram nobis and his motion to reconsider. In April 1993, Shipton pleaded guilty to possession of methamphetamine with in...

Caster v. North Dakota  
Date: July 11, 2019
Citation: 2019 ND 187
Docket Number: 20190043

Justia Opinion Summary: Lekemia D’Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. On May 6, 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to...

Tarver v. Tarver  
Date: July 11, 2019
Citation: 2019 ND 189
Docket Number: 20190073

Justia Opinion Summary: Sarah Tarver appealed a district court judgment dividing her and Daniel Tarver’s marital estate and establishing spousal and child support. The North Dakota Supreme Court concluded the district court erred in its determi...

North Dakota v. Hendrickson  
Date: July 11, 2019
Citation: 2019 ND 183
Docket Number: 20190075

Justia Opinion Summary: Dustin Hendrickson appealed after he conditionally pled guilty to driving or in actual physical control of a vehicle while under the influence. Hendrickson argued the district court erred by denying his motion to suppres...

Newfield Exploration Company, et al. v. North Dakota, et al.  
Date: July 11, 2019
Citation: 2019 ND 193
Docket Number: 20190088

Justia Opinion Summary: The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands (“the State”)...

Minyard v. Lindseth  
Date: July 5, 2019
Citation: 2019 ND 180
Docket Number: 20180311

Justia Opinion Summary: Matthew Lindseth appealed an amended judgment ordering him to pay Alaina Minyard $1,216 per month in child support. The North Dakota Supreme Court affirmed, concluding the district court did not err in determining Lindse...

Burden v. North Dakota  
Date: July 3, 2019
Citation: 2019 ND 178
Docket Number: 20180353

Justia Opinion Summary: James Burden appealed district court orders summarily dismissing his application for post-conviction relief and denying his motion for relief from that dismissal. The North Dakota Supreme Court concluded the district cou...

North Dakota v. Welch  
Date: July 3, 2019
Citation: 2019 ND 179
Docket Number: 20180444

Justia Opinion Summary: Dametrian Welch appealed a district court order and amended criminal judgment. In the original judgment, count one incorrectly stated that Welch pled guilty to murder. Although Welch was originally charged with murder, u...

Lizakowski v. Lizakowski  
Date: July 2, 2019
Citation: 2019 ND 177
Docket Number: 20180298

Justia Opinion Summary: Adam Lizakowski appealed a district court judgment and post-judgment orders awarding Tonia Lizakowski marital property, primary residential responsibility of the parties’ minor children, and attorney’s fees. The North Da...

North Dakota v. Lyons  
Date: June 27, 2019
Citation: 2019 ND 175
Docket Number: 20180270

Justia Opinion Summary: George Lyons appealed from a judgment entered after a jury found him guilty of gross sexual imposition. Lyons argued there was insufficient evidence to support the conviction, and the district court committed obvious err...

North Dakota v. Watson  
Date: June 27, 2019
Citation: 2019 ND 164
Docket Numbers: 20180294, 20180295, 20180296

Justia Opinion Summary: James Watson was convicted by jury of continuous sexual abuse of a child in Golden Valley County, North Dakota. He conditionally pled guilty to sexual assault in Hettinger County, and he conditionally pled guilty to cont...

Puklich v. Puklich, et al.  
Date: June 27, 2019
Citation: 2019 ND 154
Docket Number: 20180301

Justia Opinion Summary: Elyse Puklich appealed, and Blayne Puklich cross-appealed, a district court judgment awarding Blayne $6,012,230. Elyse and Blayne Puklich were siblings who held ownership interests in a closely-held corporation, Puklich...

Taszarek, et al. v. Lakeview Excavating, Inc., et al.  
Date: June 27, 2019
Citation: 2019 ND 168
Docket Number: 20180303

Justia Opinion Summary: Brian Welken appealed a district court judgment piercing Lakeview Excavating, Inc.’s corporate veil and holding him personally responsible for money damages awarded to Eugene Taszarek, Marlys Taszarek, Trina Schilling, S...

Wolt v. Wolt, et al.  
Date: June 27, 2019
Citation: 2019 ND 155
Docket Number: 20180304

Justia Opinion Summary: Steve Wolt appealed a judgment setting his monthly child support obligation at $923, and an order denying his motion for sanctions against the State and its attorney for allegedly frivolous legal positions posited during...

North Dakota v. Wills  
Date: June 27, 2019
Citation: 2019 ND 176
Docket Number: 20180342

Justia Opinion Summary: Michael Wills appealed after he conditionally pled guilty to possession of a controlled substance with intent to deliver, reserving the right to appeal the denial of his motion to suppress evidence. Wills argued the dist...

North Dakota v. Landrus  
Date: June 27, 2019
Citation: 2019 ND 162
Docket Number: 20180343

Justia Opinion Summary: Duane Landrus appeals from an amended criminal judgment and order for restitution after a jury found him guilty of aggravated and simple assault. Landrus was involved in a violent altercation involving David Roberts, Sum...

North Dakota v. Muhammad  
Date: June 27, 2019
Citation: 2019 ND 159
Docket Number: 20180357

Justia Opinion Summary: Karim Sabur Kabir Muhammad appealed after he was found guilty of gross sexual imposition - victim unaware. On appeal, Muhammad argued the district court erred by admitting recordings of Muhammad’s interrogations as evide...

Hoffman v. Jevne
Date: June 27, 2019
Citation: 2019 ND 156
Docket Number: 20180367
North Dakota v. Hollis  
Date: June 27, 2019
Citation: 2019 ND 163
Docket Number: 20180368

Justia Opinion Summary: Alexander Hollis appealed the denial of his motion to suppress evidence. Police were called to the scene of a “loud verbal dispute.” Upon observation of Hollis, police believed he was under the influence of a controlled...

Morris v. North Dakota  
Date: June 27, 2019
Citation: 2019 ND 166
Docket Number: 20180369

Justia Opinion Summary: Nicholas Morris appealed a district court order denying his application for post-conviction relief. In May 2015, Morris was involved in a physical altercation which resulted in Joey Gaarsland’s death. Morris was charged...

Interest of T.A.G.  
Date: June 27, 2019
Citations: 2019 ND 115, 2019 ND 167
Docket Number: 20180374

Justia Opinion Summary: In 2005, near the end of a five-year sentence for conviction of corruption or solicitation of a minor, the State successfully petitioned to commit T.A.G. as a sexually dangerous individual. He appealed, arguing the findi...

North Dakota v. Norton  
Date: June 27, 2019
Citation: 2019 ND 174
Docket Number: 20180378

Justia Opinion Summary: Spencer Norton appealed a judgment entered after the district court denied his motion to dismiss and accepted his conditional guilty plea to the charge of failure to register as an offender against children. The North Da...

W.C. v. J.H., et al.  
Date: June 27, 2019
Citation: 2019 ND 171
Docket Number: 20180387

Justia Opinion Summary: W.C. appealed a district court order denying his petition to adjudicate paternity and seeking a determination of residential responsibility, decision making responsibility, parenting time, and child support. W.C. alleges...

Bridgeford v. Sorel  
Date: June 27, 2019
Citation: 2019 ND 153
Docket Number: 20180390

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing an administrative hearing officer’s decision to suspend Andrew Bridgeford’s driving privileges for 91 days. The Department mainta...

Interiors by France v. Mitzel Contractors, Inc., et al.  
Date: June 27, 2019
Citation: 2019 ND 158
Docket Number: 20180399

Justia Opinion Summary: Interiors by France (“IBF) appealed a district court judgment limiting IBF to a recovery of damages from Mitzel Contractors, Inc. (“MCI”) without an award of attorney fees. IBF initiated a small claims court proceeding i...

French v. N.D. Dep't of Transportation  
Date: June 27, 2019
Citation: 2019 ND 172
Docket Number: 20180410

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a hearing officer's decision, imposing a 91-day suspension of Benjamin French's driving privileges, and awarding him attorney fee...

North Dakota v. Pemberton  
Date: June 27, 2019
Citation: 2019 ND 157
Docket Numbers: 20180414, 20180415

Justia Opinion Summary: Lorenzo Pemberton appealed a district court’s criminal judgment entered after a jury found him guilty of aggravated assault, interference with an emergency call, felonious restraint, attempted murder, and child neglect....

Klundt v. Benjamin  
Date: June 27, 2019
Citation: 2019 ND 160
Docket Number: 20180419

Justia Opinion Summary: Rebecca Benjamin appealed a district court’s judgment awarding primary residential responsibility of the minor child P.J.K. to James Klundt and changing the child’s last name to Klundt. The North Dakota Supreme Court aff...

Everett v. State
Date: June 27, 2019
Citation: 2019 ND 149
Docket Number: 20180436
Johnston Land Company, LLC v. Sorenson, et al.  
Date: June 27, 2019
Citation: 2019 ND 165
Docket Number: 20180443

Justia Opinion Summary: Johnston Land Company, LLC appealed dismissal of its claims against attorney Sara Sorenson and the law firm Ohnstad Twichell, P.C., and appealed the court’s decision with regard to Johnston paying their costs and attorne...

Markegard v. Willoughby  
Date: June 27, 2019
Citation: 2019 ND 170
Docket Number: 20180445

Justia Opinion Summary: Kimberlee Erickson, formerly known as Markegard, appealed and Brian Willoughby cross-appealed an order and amended judgment terminating Willoughby’s spousal support obligation. Erickson argued the district court erred in...

City of West Fargo v. Williams  
Date: June 27, 2019
Citation: 2019 ND 161
Docket Number: 20180447

Justia Opinion Summary: The City of West Fargo appealed a district court order suppressing evidence of Tyler Williams’ refusal to submit to a chemical test, arguing N.D.C.C. 39-20-02 contemplated an arrestee only has a statutory right to an ind...

State v. Taylor
Date: June 27, 2019
Citation: 2019 ND 152
Docket Number: 20190005
Matter of R.A.S.  
Date: June 27, 2019
Citation: 2019 ND 169
Docket Number: 20190016

Justia Opinion Summary: R.A.S. was convicted of gross sexual imposition in 1991 and sentenced to eight years. In 2001 R.A.S. was convicted of possession of stolen property, and in 2002 assault on a corrections officer. As part of the sentence f...

Blackcloud v. State
Date: June 27, 2019
Citation: 2019 ND 148
Docket Number: 20190029
North Dakota v. Overholt  
Date: June 27, 2019
Citation: 2019 ND 173
Docket Number: 20190033

Justia Opinion Summary: Matthew Overholt appealed a district court order modifying its order deferring imposition of sentence. In November 2017 Overholt was charged with misdemeanor minor in possession or consumption of alcohol. In December 201...

City of Dickinson v. Vaagen
Date: June 27, 2019
Citation: 2019 ND 151
Docket Number: 20190053
Schatz v. N.D. Dep't of Transportation
Date: June 27, 2019
Citation: 2019 ND 150
Docket Number: 20190068
Frontier Fiscal Services LLC v. Pinky's Aggregates, Inc., et al.  
Date: May 28, 2019
Citation: 2019 ND 147
Docket Number: 20180329

Justia Opinion Summary: Pinky’s Aggregates, Inc., and its president, Dale Honsey, appealed the grant of summary judgment awarding Frontier Fiscal Services, LLC, $526,253.12 in its action for breach of contract and to collect on a personal guara...

North Dakota v. Atkins  
Date: May 24, 2019
Citation: 2019 ND 145
Docket Number: 20180411

Justia Opinion Summary: Cody Atkins appealed a district court order denying his motion to withdraw his guilty plea and his motion for a new trial. In March 2015, Atkins pled guilty to gross sexual imposition. In June 2015, Atkins was sentenced...

Atkins v. North Dakota  
Date: May 24, 2019
Citation: 2019 ND 146
Docket Number: 20180437

Justia Opinion Summary: In March 2015, Cody Atkins pleaded guilty to gross sexual imposition. Following the imposition of sentence, Atkins appealed the criminal judgment and the North Dakota Supreme Court affirmed. Atkins later filed two applic...

North Dakota v. Gardner  
Date: May 16, 2019
Citation: 2019 ND 122
Docket Number: 20180239

Justia Opinion Summary: Steven Gardner appealed a district court order deferring the imposition of sentence following his conditional guilty plea to conspiracy to possess methamphetamine with intent to deliver. He also appealed an order denying...

Heartland State Bank v. Larson, et al.  
Date: May 16, 2019
Citation: 2019 ND 129
Docket Number: 20180241

Justia Opinion Summary: Jared Larson appealed a district court judgment foreclosing a mortgage in favor of Heartland State Bank. Larson argued the judgment should have been reversed because Heartland’s notice before foreclosure was legally insu...

Twin City Technical LLC, et al. v. Williams County, et al.  
Date: May 16, 2019
Citation: 2019 ND 128
Docket Number: 20180264

Justia Opinion Summary: Williams County appealed a the district court’s determination that its oil and gas leases with Twin City Technical LLC, Three Horns Energy, LLC, Prairie of the South LLC, and Irish Oil & Gas Inc. (“Lessees”), were void b...

Olson v. North Dakota  
Date: May 16, 2019
Citation: 2019 ND 135
Docket Number: 20180268

Justia Opinion Summary: Jessy Olson appeals a district court order denying his application for postconviction relief. In May 2015, Olson and others were involved in a fight outside a bar in Fargo. Three individuals sustained serious injuries, i...

Matter of J.M.  
Date: May 16, 2019
Citation: 2019 ND 125
Docket Number: 20180278

Justia Opinion Summary: J.M. appealed a district court order denying his petition for discharge and continuing his commitment as a sexually dangerous individual. J.M. was civilly committed as a sexually dangerous individual in October 2005 at t...

Jensen v. North Dakota  
Date: May 16, 2019
Citation: 2019 ND 126
Docket Number: 20180280

Justia Opinion Summary: Randy Jensen appeals from a district court order denying and dismissing his application for post-conviction relief. In June 2016, Jensen resolved three criminal cases by pleading guilty to several charges pursuant to a p...

Great Plains Royalty Corporation v. Earl Schwartz Company, et al.  
Date: May 16, 2019
Citation: 2019 ND 124
Docket Number: 20180285

Justia Opinion Summary: Great Plains Royalty Corp. appealed the dismissal of its complaint and deciding ownership of certain real property in favor of Earl Schwartz Co. (“ESCO”); Basin Minerals, LLC; SunBehm Gas, Inc.; and other defendants. In...

James Vault & Precast Co., et al. v. B&B Hot Oil Service, Inc., et al.  
Date: May 16, 2019
Citation: 2019 ND 143
Docket Number: 20180317

Justia Opinion Summary: Steve Forster, Daniel Krebs, and Debra Krebs (collectively “Forster/Krebs”) appealed summary judgment that dismissed their claims against B&B Hot Oil Service, Inc. After review, the North Dakota Supreme Court concluded t...

Montana-Dakota Utilities Co. v. Behm  
Date: May 16, 2019
Citation: 2019 ND 139
Docket Number: 20180321

Justia Opinion Summary: Montana-Dakota Utilities Co. (“MDU”) appealed, and Lavern Behm cross-appealed a judgment dismissing MDU’s eminent domain action. Because the North Dakota Supreme Court determined the district court misapplied North Dakot...

Estate of Hogen  
Date: May 16, 2019
Citation: 2019 ND 141
Docket Number: 20180325

Justia Opinion Summary: Susan and Marby Hogen, as purported interested persons, and Rodney Hogen (collectively, appellants), appealed probate court orders settling the estate of Arline Hogen, and discharging Steven Hogen as personal representat...

Ortega v. Sanford Bismarck, et al.  
Date: May 16, 2019
Citation: 2019 ND 133
Docket Number: 20180331

Justia Opinion Summary: Nancy Ortega appealed a district court order granting summary judgment in favor of Sanford Bismarck and Dr. Christie Iverson on her professional negligence claim. The matter was dismissed without prejudice. Ortega was se...

Bride v. Trinity Hospital, et al.  
Date: May 16, 2019
Citation: 2019 ND 131
Docket Number: 20180335

Justia Opinion Summary: Tessa Bride, as personal representative of the estate of John Pelkey, appealed an order dismissing without prejudice her medical malpractice action against Trinity Hospital, Marc Eichler, M.D., Kim Koo, M.D., and unnamed...

Watford City Lodging LLC v. Miskin  
Date: May 16, 2019
Citation: 2019 ND 136
Docket Number: 20180339

Justia Opinion Summary: Watford City Lodging LLC (“WCL”) appealed the denial of its motion to amend a judgment vacating a default eviction judgment. WCL argued the district court lacked subject matter jurisdiction over the eviction proceedings,...

Swenson, et al. v. Mahlum, et al.  
Date: May 16, 2019
Citation: 2019 ND 144
Docket Number: 20180345

Justia Opinion Summary: Willis Swenson appealed, and Kyle Mahlum cross-appealed dismissal of Swenson’s claims against Mahlum and Mahlum’s claims against Carol Hodgerson, Gerard Swenson, Lee Alan Swenson, and Mary Ann Vig (“third-party defendant...

North Dakota v. Vetter  
Date: May 16, 2019
Citation: 2019 ND 138
Docket Number: 20180356

Justia Opinion Summary: Dylan Vetter appealed after he entered a conditional guilty plea to possession of controlled substances and drug paraphernalia. Vetter argued the deputy sheriff who stopped him for speeding lacked reasonable suspicion to...

Nodak Mutual Insurance Company v. Steffes, et al.  
Date: May 16, 2019
Citation: 2019 ND 130
Docket Number: 20180359

Justia Opinion Summary: Keith Steffes, Kelly Steffes and Tasha (Rohrbach) Steffes appealed a district court order granting Nodak Mutual Insurance Company’s motion for a new trial. The Steffeses argued the district court abused its discretion in...

Lee v. Lee  
Date: May 16, 2019
Citation: 2019 ND 142
Docket Number: 20180382

Justia Opinion Summary: Bruce Wayne Lee appealed a final judgment and decree of divorce from his marriage to Kimberly Lee. On appeal, Bruce argued the district court erred in its valuation of marital assets and the allocation of the marital est...

Keller v. State
Date: May 16, 2019
Citation: 2019 ND 116
Docket Number: 20180391
Curtiss v. State
Date: May 16, 2019
Citation: 2019 ND 120
Docket Number: 20180392
North Dakota v. Vigen  
Date: May 16, 2019
Citation: 2019 ND 134
Docket Number: 20180394

Justia Opinion Summary: Brent Vigen appealed a criminal judgment entered after his conditional guilty plea to driving under the influence. Vigen argued the district court erred in denying his motion to suppress after the court’s finding that a...

North Dakota v. Craig  
Date: May 16, 2019
Citation: 2019 ND 123
Docket Number: 20180397

Justia Opinion Summary: Russell Craig appealed a district court order and amended order denying his motion to withdraw his 2007 guilty plea on murder charges. In August 2018, Craig filed a motion to withdraw his guilty plea under N.D.R.Crim.P....

Morales v. North Dakota  
Date: May 16, 2019
Citation: 2019 ND 137
Docket Number: 20180408

Justia Opinion Summary: Edward Morales appealed a district court order summarily dismissing his application for post-conviction relief. Morales was driving a mini-van in an RV park when he collided with a goose-neck trailer. His wife, a passeng...

North Dakota v. Peterson  
Date: May 16, 2019
Citation: 2019 ND 140
Docket Number: 20180422

Justia Opinion Summary: Joshua Michael Peterson appealed from an order denying his motion to withdraw his guilty plea. In 2015, the State filed a complaint charging Peterson with class B felony burglary. After review of the issues raised on app...

North Dakota v. Hunt  
Date: May 16, 2019
Citation: 2019 ND 127
Docket Number: 20180423

Justia Opinion Summary: Javonne Hunt appealed a district court order requiring him to pay $27,501.86 in restitution to Blue Cross Blue Shield (“BCBS”). In 2017, Hunt was playing basketball at the YMCA in Bismarck, North Dakota when he was invol...

Sutton v. N.D. Dept. of Transportation  
Date: May 16, 2019
Citation: 2019 ND 132
Docket Number: 20180427

Justia Opinion Summary: Drew Sutton appealed a district court judgment affirming the Department of Transportation hearing officer’s decision revoking Sutton’s driver’s license for 180 days. Sutton argued the Report and Notice did not include a...

State v. Johnson
Date: May 16, 2019
Citation: 2019 ND 117
Docket Number: 20180429
Ali v. State
Date: May 16, 2019
Citation: 2019 ND 121
Docket Number: 20190004
Lavallie v. State
Date: May 16, 2019
Citation: 2019 ND 119
Docket Number: 20190007
Interest of F.M.G.
Date: May 16, 2019
Citation: 2019 ND 118
Docket Number: 20190097
Interest of T.A.G.  
Date: May 6, 2019
Citation: 2019 ND 115
Docket Number: 20180374

Justia Opinion Summary: T.A.G. appeals from an order denying discharge from commitment as a sexually dangerous individual. T.A.G. argues the district court did not make sufficient findings or meet its burden of clear and convincing evidence on...

Ayling v. Sens, et al.  
Date: April 25, 2019
Citation: 2019 ND 114
Docket Number: 20180231

Justia Opinion Summary: Robin Ayling appealed a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State’s Attorney and Board of Commissioners relating to her son’s death. Ay...

Condon v. St. Alexius Medical Center, et al.  
Date: April 22, 2019
Citation: 2019 ND 113
Docket Number: 20180297

Justia Opinion Summary: Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota’s noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the...

Tschider v. Tschider, et al.  
Date: April 18, 2019
Citation: 2019 ND 112
Docket Number: 20180104

Justia Opinion Summary: Stacy Tschider appealed and Melanie Tschider, also known as Su Lin Tschider, cross-appealed a judgment that granted joint parenting responsibility of their minor child and awarded child support, distributed the parties’...

Thompson, et al. v. Johnson  
Date: April 17, 2019
Citation: 2019 ND 111
Docket Number: 20180386

Justia Opinion Summary: Heather Thompson appeals from a district court judgment modifying Christopher Johnson’s child support obligation and ordering her to repay overpayments of child support. In November 2015, Thompson was awarded primary res...

Interest of K.S.D.  
Date: April 15, 2019
Citation: 2019 ND 110
Docket Numbers: 20180260, 20180261

Justia Opinion Summary: H.L.K. (now known as H.G.), appealed an order denying her motion to withdraw her consent to terminate her parental rights to her children K.S.D. and J.S.D. The juvenile court found the mother executed consent to the term...

Rhodenbaugh v. Rhodenbaugh  
Date: April 11, 2019
Citation: 2019 ND 109
Docket Number: 20180040

Justia Opinion Summary: Ashley and Jay Rhodenbaugh were married in 2010 and had two minor children together. During the marriage, Jay farmed, and Ashley stayed at home and cared for the children. In May 2016, Jay filed for divorce, and the part...

Pavlicek v. American Steel Systems, Inc., et al.  
Date: April 11, 2019
Citation: 2019 ND 97
Docket Number: 20180168

Justia Opinion Summary: JRC Construction, LLC, appealed a judgment entered after a jury awarded Larry Pavlicek $217,244.55 in damages against JRC. The jury found JRC breached a contract with Pavlicek relating to construction work performed by J...

Candee, et al. v. Candee  
Date: April 11, 2019
Citation: 2019 ND 94
Docket Number: 20180246

Justia Opinion Summary: Keith Candee appealed an order entered on remand that denied his motion for contractual attorney fees and costs. Because the North Dakota Supreme Court found the parties’ settlement agreement and mutual release of claims...

Estate of Bartelson  
Date: April 11, 2019
Citation: 2019 ND 107
Docket Number: 20180255

Justia Opinion Summary: Jean Valer and Jane Haught appealed a district court order denying their motion for reconsideration of a judgment determining they failed to rebut the presumption they exercised undue influence over their father. As Ralp...

WSI v. Eight Ball Trucking, Inc., et al.  
Date: April 11, 2019
Citation: 2019 ND 102
Docket Number: 20180267

Justia Opinion Summary: Eight Ball Trucking, Inc., and David and Laurie Horrocks (collectively “defendants”) appealed from an order entered after the district court denied their motion under N.D.R.Civ.P. 60(b) for relief from a summary judgment...

Heitkamp v. Kabella  
Date: April 11, 2019
Citation: 2019 ND 96
Docket Number: 20180288

Justia Opinion Summary: Debra Heitkamp, the personal representative of the Estate of Nick Lyons, appealed a district court judgment in favor of Kevin Kabella following cross-motions for summary judgment, alleging the district court improperly d...

North Dakota v. Stenhoff  
Date: April 11, 2019
Citation: 2019 ND 106
Docket Number: 20180300

Justia Opinion Summary: The State appealed a district court order granting Shannon Stenhoff’s motion to suppress evidence. Stenhoff was sentenced to two years of supervised probation, the terms of which included a search clause. After allegedly...

North Dakota v. Comes  
Date: April 11, 2019
Citation: 2019 ND 99
Docket Number: 20180312

Justia Opinion Summary: Marlon Comes appealed a district court’s second amended criminal judgment entered over twenty years after the original criminal judgment. In 1996, North Dakota charged Comes with murder (class AA felony) and robbery (cla...

Garcia v. North Dakota  
Date: April 11, 2019
Citation: 2019 ND 103
Docket Number: 20180316

Justia Opinion Summary: Barry Garcia appealed a district court's denial of his request for a new trial and determining N.D.C.C. 12.1-32-13.1 did not apply to his criminal sentence. In 1996, Garcia was found guilty of the offense of murder, com...

North Dakota v. Valles  
Date: April 11, 2019
Citation: 2019 ND 108
Docket Number: 20180320

Justia Opinion Summary: Joseph Valles appealed a criminal judgment and an order denying his motion to suppress. Valles conditionally pled guilty, preserving the right to appeal the order denying his motion to suppress. Valles argues his cell ph...

North Dakota v. Mohamud  
Date: April 11, 2019
Citation: 2019 ND 101
Docket Number: 20180333

Justia Opinion Summary: Abdiwali Mohamud was convicted by jury of aggravated assault - domestic violence, interference with telephone during an emergency call, and terrorizing. On appeal, Mohamud argued the district court erred in denying his m...

Cuozzo v. North Dakota, d/b/a University of North Dakota, et al.  
Date: April 11, 2019
Citation: 2019 ND 95
Docket Number: 20180337

Justia Opinion Summary: Frank Cuozzo appeals from a judgment dismissing his breach of contract action against the State, doing business as the University of North Dakota (UND), and its president Mark Kennedy. Cuozzo was a tenured faculty member...

State v. Johnson
Date: April 11, 2019
Citation: 2019 ND 91
Docket Number: 20180349
Sabo, et al. v. Job Service  
Date: April 11, 2019
Citation: 2019 ND 98
Docket Number: 20180354

Justia Opinion Summary: James Sabo and Fun-Co., Inc., appealed a judgment affirming a decision of Job Service North Dakota determining Sabo was overpaid unemployment benefits in the amount of $14,638 and requiring him to refund those previously...

Lavallie v. North Dakota  
Date: April 11, 2019
Citation: 2019 ND 100
Docket Number: 20180362

Justia Opinion Summary: The State appealed a district court order granting post-conviction relief and reducing the sentence of Julie Roubideaux Lavallie from a twenty-year term of imprisonment to a ten-year term. In 2017, Lavallie pleaded guilt...

Interest of C.D.C.
Date: April 11, 2019
Citation: 2019 ND 92
Docket Number: 20180371
Lupo v. McNeeley, et al.  
Date: April 11, 2019
Citation: 2019 ND 104
Docket Number: 20180381

Justia Opinion Summary: Josann Lupo appealed a district court judgment dismissing her complaint with prejudice. A car accident involving Lupo and Brianna McNeeley occurred in Dickinson, North Dakota on August 17, 2009. At that time McNeeley had...

North Dakota v. Odum  
Date: April 11, 2019
Citation: 2019 ND 105
Docket Number: 20180384

Justia Opinion Summary: North Dakota appealed an order suppressing evidence and dismissing all charges against Perry Odum. 2018, drug task force officers searched the garbage can in front of Odum’s residence based on an anonymous tip that Odum...

Horst v. Horst
Date: April 11, 2019
Citation: 2019 ND 93
Docket Number: 20180402
Disciplinary Board v. Turcotte
Date: April 8, 2019
Citation: 2019 ND 90
Docket Number: 20190042
Bearce, et al. v. Yellowstone Energy Development, LLC  
Date: March 22, 2019
Citation: 2019 ND 89
Docket Number: 20180256

Justia Opinion Summary: Daniel and Debra Bearce (“the Bearces”) appealed a judgment entered in favor of Yellowstone Energy Development LLC (“Yellowstone”) after the parties’ cross motions for summary judgment. In June 2006, representatives of a...

Interest of D.M.H.
Date: March 21, 2019
Citation: 2019 ND 88
Docket Number: 20180313
North Dakota v. Hamre  
Date: March 18, 2019
Citation: 2019 ND 86
Docket Number: 20180055

Justia Opinion Summary: In 2017, the State of North Dakota charged John Hamre with two counts of simple assault on a peace officer, one count of preventing arrest, and one count of fleeing or attempting to elude a peace officer. The charges rel...

Estate of Brandt  
Date: March 18, 2019
Citation: 2019 ND 87
Docket Number: 20180160

Justia Opinion Summary: Thomas Biel and Marilyn Knudson appealed after the probate court approved a final accounting and distribution in the supervised administration of the Estate of Ann Biel Brandt. Biel and Knudson claimed the probate court:...

North Dakota v. Guthmiller  
Date: March 18, 2019
Citation: 2019 ND 85
Docket Number: 20180225

Justia Opinion Summary: Jonathan Guthmiller appealed a criminal judgment after he pled guilty to luring a minor by computer. In April 2017 the State charged Guthmiller with luring a minor by computer after an investigation uncovered inappropria...

North Dakota v. Morsette  
Date: March 15, 2019
Citation: 2019 ND 84
Docket Number: 20180076

Justia Opinion Summary: Travis Morsette appealed a judgment entered upon a guilty plea to possession of a controlled substance and unlawful possession of drug paraphernalia, reserving his right to appeal the district court’s order denying his m...

Lincoln Land Development, LLP v. City of Lincoln  
Date: March 15, 2019
Citation: 2019 ND 81
Docket Number: 20180117

Justia Opinion Summary: The City of Lincoln appealed a district court’s amended judgment awarding damages and attorney fees for taking land owned by Lincoln Land Development, LLP. In the mid-1980s the City of Lincoln established a narrow, two-t...

Baker v. Autos, Inc., et al.  
Date: March 15, 2019
Citation: 2019 ND 82
Docket Number: 20180238

Justia Opinion Summary: Darilyn Baker, individually and on behalf of a class of more than 500 persons similarly situated, appealed dismissal of her class action against Autos, Inc. d/b/a Global Autos, Robert Opperude, James Hendershot, RW Enter...

Lies v. N.D. Dept. of Transportation  
Date: March 15, 2019
Citation: 2019 ND 83
Docket Number: 20180393

Justia Opinion Summary: Morgan Lies appealed a district court judgment affirming a Department of Transportation decision suspending his driving privileges for ninety-one days. Lies argued the hearing officer’s decision violated his constitution...

Orwig v. Orwig  
Date: March 14, 2019
Citation: 2019 ND 78
Docket Number: 20170454

Justia Opinion Summary: Mary Orwig appealed three district court orders finding her in contempt of court and an order denying her motion to vacate the contempt orders. The charges stemmed from divorce and business proceedings. In September 2016...

Interest of M.M.  
Date: March 13, 2019
Citation: 2019 ND 64
Docket Number: 20180122

Justia Opinion Summary: M.M. appeals from a juvenile court order denying his motion to dismiss a juvenile petition pertaining to an underlying juvenile delinquency case after entering conditional admissions to committing delinquent acts of simp...

Purdy v. Purdy, et al.  
Date: March 13, 2019
Citation: 2019 ND 75
Docket Number: 20180133

Justia Opinion Summary: Daren Purdy appealed an amended judgment after the district court denied his motion to modify primary residential responsibility for his two minor children and granted his motion to modify parenting time. He argued the d...

City of Bismarck v. King  
Date: March 13, 2019
Citation: 2019 ND 74
Docket Number: 20180138

Justia Opinion Summary: Paul King was convicted by jury of refusing to submit to chemical testing after being arrested for driving under the influence. The charges were made pursuant to Bismarck City Ordinance 12-10-01(1). King argued on appeal...

North Dakota v. Alberts  
Date: March 13, 2019
Citation: 2019 ND 66
Docket Number: 20180187

Justia Opinion Summary: James Alberts Jr. appealed an amended order revoking his probation and sentencing him to life in prison with the possibility of parole. In 2008, Alberts pled guilty to murder under N.D.C.C. 12.1-16-01, a class AA felony....

Interest of Carter  
Date: March 13, 2019
Citation: 2019 ND 67
Docket Number: 20180189

Justia Opinion Summary: William Carter appeals from a district court order denying discharge from commitment as a sexually dangerous individual. Carter was convicted of gross sexual imposition in 2004. In February 2017, Carter filed motions req...

Baker Boyer National Bank v. JPF Enterprises, LLC  
Date: March 13, 2019
Citation: 2019 ND 76
Docket Number: 20180222

Justia Opinion Summary: JPF Enterprises, LLC, appealed the grant of summary judgment awarding Baker Boyer National Bank $858,135.47 on its breach of contract claim and dismissing JPF’s counterclaim for fraud in the inducement. Baker Boyer loane...

North Dakota v. Laverdure  
Date: March 13, 2019
Citation: 2019 ND 72
Docket Number: 20180228

Justia Opinion Summary: David Laverdure appealed a criminal judgment entered upon a conditional guilty plea to possession with intent to manufacture or deliver a controlled substance. Relying on information from a concerned citizen and a “sourc...

North Dakota v. Thorsteinson  
Date: March 13, 2019
Citation: 2019 ND 65
Docket Number: 20180233

Justia Opinion Summary: Austin Thorsteinson was convicted by jury of felony child abuse. In November 2016, a two-year-old child in Thorsteinson’s care suffered injuries that caused bleeding on the brain. A subsequent surgery removed part of the...

North Dakota v. Rai  
Date: March 13, 2019
Citation: 2019 ND 71
Docket Number: 20180244

Justia Opinion Summary: In September 2017, Fargo police implemented an undercover operation to apprehend individuals using the internet to arrange sexual encounters with minors. The operation posted an ad on the BackPage website describing an e...

Brewer v. North Dakota  
Date: March 13, 2019
Citation: 2019 ND 69
Docket Number: 20180254

Justia Opinion Summary: The State appealed a district court order finding Michael Brewer had received ineffective assistance of counsel and granting him a new trial. Brewer was convicted of two counts of Gross Sexual Imposition (“GSI”). He appe...

Becker, et al. v. Burleigh County, et al.  
Date: March 13, 2019
Citation: 2019 ND 68
Docket Number: 20180259

Justia Opinion Summary: Attas Boutrous and other landowners appeal from a judgment dismissing their action against Burleigh County, its Water Resource District, and Lincoln Township to halt a flood protection project in the Fox Island subdivisi...

Ebach v. N.D. Dept. of Transportation  
Date: March 13, 2019
Citation: 2019 ND 80
Docket Number: 20180290

Justia Opinion Summary: Shaun Ebach appealed a district court judgment affirming an administrative hearing officer’s decision to suspend Ebach’s driving privileges for 180 days for driving under the influence of alcohol. On appeal, Ebach argued...

City of Fargo v. Nikle  
Date: March 13, 2019
Citation: 2019 ND 79
Docket Number: 20180292

Justia Opinion Summary: Jared Nikle appealed a criminal judgment entered after the district court found him guilty of actual physical control while under the influence in violation of Fargo Municipal Code 08-0310. On appeal, Nikle argued he was...

White v. State
Date: March 13, 2019
Citation: 2019 ND 62
Docket Number: 20180307
Cockfield v. City of Fargo  
Date: March 13, 2019
Citation: 2019 ND 77
Docket Number: 20180336

Justia Opinion Summary: Aaron Cockfield appealed dismissal of his petition for a writ of mandamus seeking to compel the City of Fargo to reinstate him as an employee. Cockfield was employed by the City’s Solid Waste Department. In 2017, Cockfie...

Chisholm v. North Dakota  
Date: March 13, 2019
Citation: 2019 ND 70
Docket Number: 20180340

Justia Opinion Summary: Rodney Chisholm appeals from the district court’s summary dismissal of his application for post-conviction relief, denial of his motion to compel, denial of his request for counsel, and denial of his request for a change...

North Dakota v. Nice  
Date: March 13, 2019
Citation: 2019 ND 73
Docket Number: 20180350

Justia Opinion Summary: Jasmine Nice appealed a district court judgment entered on her conditional plea of guilty to driving under the influence-refusal-first offense in violation of N.D.C.C. 39-08-01(1)(e)(2) pending an appeal of the court’s o...

State v. Gomez
Date: March 13, 2019
Citation: 2019 ND 59
Docket Number: 20180364
Gonzales v. WSI
Date: March 13, 2019
Citation: 2019 ND 63
Docket Number: 20180365
Miles v. Holznagel, et al.
Date: March 13, 2019
Citation: 2019 ND 60
Docket Number: 20180388
Interest of C.H.
Date: March 13, 2019
Citation: 2019 ND 61
Docket Numbers: 20190018, 20190019, 20190020, 20190021
Trust of Linn  
Date: February 28, 2019
Citation: 2019 ND 58
Docket Number: 20180206

Justia Opinion Summary: Shirley Linn appealed a district court order denying her petition seeking a distribution of trust assets, after the court concluded the unambiguous language of the trust agreement did not compel the requested distributio...

Banderet,et al. vs. Sargent Count Water Resource District, et al.  
Date: February 26, 2019
Citation: 2019 ND 57
Docket Number: 20180253

Justia Opinion Summary: Robert and Laurie Banderet and other plaintiffs (“Landowners”) appealed a judgment dismissing their complaint seeking declaratory and injunctive relief against the Sargent County Water Resource District and Ransom County...

Matter of Kulink
Date: February 25, 2019
Citations: 2018 ND 260, 2019 ND 55
Docket Number: 20180083
Bindas v. Bindas  
Date: February 25, 2019
Citation: 2019 ND 56
Docket Number: 20180232

Justia Opinion Summary: Mari Bindas appealed an order terminating Michael Bindas’ spousal support obligation. The parties filed a marital termination agreement, agreeing to spousal support and distribution of the marital estate. The parties agr...

Schindler v. Wageman  
Date: February 21, 2019
Citation: 2019 ND 41
Docket Number: 20180024

Justia Opinion Summary: Larry and Julie Schindler and the estate of Eugene Weisbeck appealed a judgment dismissing their action to reform warranty deeds and quiet title in themselves to certain Morton County, North Dakota property. Because the...

Smith v. Erickson  
Date: February 21, 2019
Citation: 2019 ND 48
Docket Number: 20180124

Justia Opinion Summary: Eric Smith appealed district court orders and judgment related to child custody, dismissal of motions for contempt and the court finding him a vexatious litigant. In November 2015, Smith commenced an action to determine...

North Dakota v. Abuhamda  
Date: February 21, 2019
Citation: 2019 ND 44
Docket Number: 20180127

Justia Opinion Summary: Falesteni Ali Abuhamda appealed a trial court order approving pretrial diversion, an order deferring imposition of sentence, and an order denying his motion to dismiss. In March 2017, law enforcement officers executed a...

Kuntz v. North Dakota  
Date: February 21, 2019
Citation: 2019 ND 46
Docket Number: 20180135

Justia Opinion Summary: In August 2016, Riley Kuntz submitted written requests for documents under the North Dakota open records law to the Bureau of Criminal Investigation ("BCI"), the Department of Transportation ("DOT"), and the Criminal Jus...

North Dakota v. Vetter  
Date: February 21, 2019
Citation: 2019 ND 43
Docket Number: 20180142

Justia Opinion Summary: The State appealed an order granting Robert Vetter's motion to suppress chemical test evidence and motion in limine. Vetter was charged with driving under the influence of alcohol under N.D.C.C. 39-08-01, a class B misde...

Lenertz v. City of Minot N.D.  
Date: February 21, 2019
Citation: 2019 ND 53
Docket Number: 20180153

Justia Opinion Summary: Allen Lenertz appealed the dismissal of his claim for inverse condemnation against the City of Minot and awarding the City costs and disbursements. Between 2013 and 2014 the City installed a paved street and upgraded the...

North Dakota v. Hansford  
Date: February 21, 2019
Citation: 2019 ND 52
Docket Number: 20180179

Justia Opinion Summary: Samuel Hansford appealed a district court's order denying his motion to suppress after a jury found him guilty of gross sexual imposition. At the suppression hearing, the law enforcement agent testified his involvement i...

Gonzalez v. North Dakota  
Date: February 21, 2019
Citation: 2019 ND 47
Docket Number: 20180188

Justia Opinion Summary: Garron Gonzalez appeals from an order summarily denying his application for post-conviction relief and an order denying his motion for reconsideration and to conduct discovery. In 2004, Gonzalez pleaded guilty to two cou...

North Dakota v. Dowdy  
Date: February 21, 2019
Citation: 2019 ND 50
Docket Number: 20180204

Justia Opinion Summary: Alexis Dowdy appealed after she conditionally pled guilty to driving under the influence of alcohol. Dowdy argued the arresting officer improperly added inaccurate and coercive language to the statutorily required implie...

North Dakota v. Powley  
Date: February 21, 2019
Citation: 2019 ND 51
Docket Number: 20180226

Justia Opinion Summary: The State appealed a trial court order limiting the admission of video evidence, and an order denying the State's motion to amend the criminal information. In February 2018, Richard Powley was charged with two counts of...

State v. Cody
Date: February 21, 2019
Citation: 2019 ND 38
Docket Number: 20180229
Dick v. Erman  
Date: February 21, 2019
Citation: 2019 ND 54
Docket Number: 20180236

Justia Opinion Summary: Dustin Erman appealed a district court judgment awarding Trista Dick primary residential responsibility of the parties' minor child. A district court's award of primary residential responsibility is a finding of fact, wh...

Estate of Krueger  
Date: February 21, 2019
Citation: 2019 ND 42
Docket Number: 20180237

Justia Opinion Summary: Jerilyn Braaten, the personal representative of the Frederick Ardell Krueger Estate, appealed an order holding the Department of Human Services could recover 100 percent of the net proceeds from the sale of Krueger's hom...

Heidt v. Heidt  
Date: February 21, 2019
Citation: 2019 ND 45
Docket Number: 20180250

Justia Opinion Summary: Trina Iverson appealed a district court order finding a prima facie case for modification of primary residential responsibility had not been established with regard to the parties' two youngest children, G.I.H. and G.O.H...

State v. Goldsack
Date: February 21, 2019
Citation: 2019 ND 36
Docket Numbers: 20180265, 20180266
State v. Brakke
Date: February 21, 2019
Citation: 2019 ND 34
Docket Number: 20180275
Smith v. State
Date: February 21, 2019
Citation: 2019 ND 33
Docket Number: 20180276
Varty v. Varty  
Date: February 21, 2019
Citation: 2019 ND 49
Docket Number: 20180279

Justia Opinion Summary: Kathleen Varty appeals from an amended divorce judgment, arguing the district court erred in reducing Thomas Varty's spousal support obligation. "The evidence supports the facts recited by the district court. The court d...

State v. Christie
Date: February 21, 2019
Citation: 2019 ND 40
Docket Number: 20180286
Heldstab v. Heldstab
Date: February 21, 2019
Citation: 2019 ND 39
Docket Number: 20180299
Hagen v. Horst  
Date: February 21, 2019
Citation: 2019 ND 37
Docket Number: 20180344

Justia Opinion Summary: Charlotte Horst appealed a judgment establishing primary residential responsibility, child support and parenting time of two children. Horst claimed she was denied due process when the district court issued an emergency...

Interest of H.B., V.B. and A.B.
Date: February 21, 2019
Citation: 2019 ND 35
Docket Numbers: 20180439, 20180440, 20180441
Tollefson v. Anderson & Fercho, PLLP
Date: January 31, 2019
Citation: 2019 ND 32
Docket Number: 20180310
Wald v. Benedictine Living Communities, Inc.  
Date: January 25, 2019
Citation: 2019 ND 31
Docket Number: 20180048

Justia Opinion Summary: Debra Wald appealed after the district court denied her motion for judgment as a matter of law or for a new trial on her claim that Benedictine Living Communities, Inc., doing business as St. Rose Care Center, terminated...

Friesner v. Friesner  
Date: January 22, 2019
Citation: 2019 ND 30
Docket Number: 20180094

Justia Opinion Summary: Daniel Friesner appealed a district court divorce judgment awarding Angelina Friesner marital property, primary residential responsibility of the parties' minor children, spousal support, and attorney's fees. "A distric...

North Dakota v. Bearrunner  
Date: January 22, 2019
Citation: 2019 ND 29
Docket Number: 20180258

Justia Opinion Summary: Julian Bearrunner appealed after being convicted of class A misdemeanor criminal trespass and class A misdemeanor engaging in a riot, charges stemming from protests near the Dakota Access Pipeline. On appeal, Bearrunner...

North Dakota v. Foster  
Date: January 15, 2019
Citation: 2019 ND 28
Docket Numbers: 20170269, 20180098, 20110228, 890048

Justia Opinion Summary: Michael Foster appealed his conviction on one count of conspiracy to commit criminal mischief, one count of criminal mischief, and one count of criminal trespass. On appeal, Foster argued the district court erred in admi...

North Dakota v. Pittenger  
Date: January 15, 2019
Citation: 2019 ND 22
Docket Number: 20170279

Justia Opinion Summary: Alexander Pittenger appealed after a jury found him guilty of corruption and solicitation of a minor and from an order denying a motion to dismiss the charge. At the beginning of the trial the prosecutor requested closur...

Seccombe v. Rohde  
Date: January 15, 2019
Citation: 2019 ND 13
Docket Number: 20180069

Justia Opinion Summary: George Seccombe and other heirs of Olaf Nasset ("Nasset heirs") and the intervener plaintiffs, Slawson Exploration Company, Inc., and Alameda Energy, Inc., appealed a judgment deciding ownership of certain minerals in Mo...

S.E.L. v. J.A.P.  
Date: January 15, 2019
Citation: 2019 ND 16
Docket Number: 20180075

Justia Opinion Summary: S.E.L. appealed dismissal of his action seeking to adjudicate the paternity of the child, J.J.M. The child was born to biological mother J.A.P. Shortly after the child's birth, J.A.P. and J.M. executed an acknowledgment...

Ourada v. North Dakota  
Date: January 15, 2019
Citation: 2019 ND 10
Docket Number: 20180087

Justia Opinion Summary: Joshua Ourada appealed a district court order summarily dismissing his application for post-conviction relief. In June 2017, Ourada pleaded guilty to terrorizing and preventing arrest or discharge of other duties. Ourad...

Helbling v. Helbling  
Date: January 15, 2019
Citation: 2019 ND 27
Docket Number: 20180095

Justia Opinion Summary: Wayne Helbling appealed an amended judgment providing payment terms and security for his remaining obligations to Janet Helbling under their original divorce judgment. After review of that judgment, the North Dakota Supr...

Avila v. Weaver  
Date: January 15, 2019
Citation: 2019 ND 20
Docket Number: 20180111

Justia Opinion Summary: William and Maria Berlin (formerly Maria Weaver) appealed an amended judgment awarding attorney fees following resolution of litigation between the parties over a contract for deed. Irene Avila and the Berlins were invol...

Desert Partners IV, L.P. v. Benson  
Date: January 15, 2019
Citation: 2019 ND 19
Docket Number: 20180112

Justia Opinion Summary: John Benson appealed a district court judgment quieting title action to Desert Partners IV, L.P. and Family Tree Corporation, Inc. for 32 net mineral acres in McKenzie County, North Dakota. Benson argued the district cou...

Cody v. Cody  
Date: January 15, 2019
Citation: 2019 ND 14
Docket Number: 20180120

Justia Opinion Summary: Lee Cody appealed a divorce judgment that distributed the parties' property and debts. District courts have broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony. Interlocutory...

North Dakota v. Lyon  
Date: January 15, 2019
Citation: 2019 ND 21
Docket Number: 20180130

Justia Opinion Summary: Branden Lyon appealed an amended judgment entered after his convictions for attempted murder, terrorizing, terrorizing-­domestic violence, and illegal possession of a firearm. After review, the North Dakota Supreme Court...

Hogen v. Hogen  
Date: January 15, 2019
Citation: 2019 ND 17
Docket Number: 20180143

Justia Opinion Summary: Marby and Susan Hogen appealed the grant of summary judgment in their quiet title action in favor of the Curtiss A. Hogen Trust B and the Estate of Arline Hogen for an interest in 737 acres of farmland in Barnes and Cass...

North Dakota v. Lott  
Date: January 15, 2019
Citation: 2019 ND 18
Docket Number: 20180154

Justia Opinion Summary: MyKennah Lott appealed after she was found guilty of preventing arrest following a bench trial. In January 2017, Lott and an acquaintance were found walking on property owned by the Dakota Access Pipeline. Law enforcemen...

North Dakota v. Christensen  
Date: January 15, 2019
Citation: 2019 ND 11
Docket Number: 20180156

Justia Opinion Summary: Raymond Christensen appealed his conviction and sentence stemming from charges for leaving the scene of an accident involving injury and aggravated reckless driving. Because the district court substantially relied upon a...

Kieson v. Kieson
Date: January 15, 2019
Citation: 2019 ND 15
Docket Number: 20180157
Swanson v. Swanson  
Date: January 15, 2019
Citation: 2019 ND 25
Docket Number: 20180158

Justia Opinion Summary: Gaye Swanson appealed a judgment dividing marital property between her and her former husband, Roy Swanson. On appeal, Gaye Swanson contends the district court erred by inequitably dividing the marital estate, by not con...

North Dakota v. Strom  
Date: January 15, 2019
Citation: 2019 ND 9
Docket Number: 20180167

Justia Opinion Summary: Melinda Strom appealed an amended criminal judgment and order for restitution. Strom pled guilty to misapplication of entrusted property in excess of $50,000 in violation of N.D.C.C. 12.1-23-07(1). Strom was sentenced to...

State v. McGath
Date: January 15, 2019
Citation: 2019 ND 7
Docket Number: 20180186
Interest of P.T.D., C.R.D., P.A.D., P.P.D., & N.A.D.
Date: January 15, 2019
Citation: 2019 ND 3
Docket Numbers: 20180192, 20180193, 20180194, 20180195, 20180196
DeLong v. Shields
Date: January 15, 2019
Citation: 2019 ND 2
Docket Number: 20180198
State v. Simundson
Date: January 15, 2019
Citation: 2019 ND 6
Docket Number: 20180223
Schwab v. State
Date: January 15, 2019
Citation: 2019 ND 4
Docket Number: 20180230
Lunde v. Paulson
Date: January 15, 2019
Citation: 2019 ND 5
Docket Number: 20180248
Western Energy Corporation v. Stauffer  
Date: January 15, 2019
Citation: 2019 ND 26
Docket Number: 20180283

Justia Opinion Summary: Western Energy Corporation appealed a district court judgment finding its quiet title action to be barred by applicable statutes of limitation and laches and awarding the mineral interests at issue to the Stauffers. In 1...

Grina v. Job Service  
Date: January 15, 2019
Citation: 2019 ND 24
Docket Number: 20180284

Justia Opinion Summary: Linda Grina appealed a district court judgment affirming the denial of her unemployment benefits. Grina started coaching at Bismarck Gymnastics Academy in 1992. In 2015 or 2016 she was appointed interim executive directo...

Interest of Jane Doe  
Date: January 15, 2019
Citation: 2019 ND 23
Docket Number: 20180409

Justia Opinion Summary: Jane Doe appealed a district court order continuing her treatment at the North Dakota State Hospital. In July 2017 the North Dakota State Hospital petitioned for involuntary hospitalization of Jane Doe after police took...

Interest of D.M.W.
Date: January 15, 2019
Citation: 2019 ND 8
Docket Number: 20180413
Interest of E.S.  
Date: January 15, 2019
Citation: 2019 ND 12
Docket Number: 20180426

Justia Opinion Summary: E.S. appealed an order requiring involuntary treatment in which the district court found him to be mentally ill and a person requiring treatment. In late 2018, Dr. Katrina DeDona submitted an application for emergency ad...

Petition to Permit Temporary Provision of Legal Services
Date: January 9, 2019
Citation: 2019 ND 1
Docket Number: 20160436
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