North Dakota Supreme Court Decisions 2019

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...

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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