North Dakota Supreme Court Decisions 2019
Date: December 20, 2019
Citation: 2019 ND 306
Docket Number: 20180450
Justia Opinion Summary: Gentek Building Products, Inc. appealed after a jury awarded Richard and Angela Palmer damages of $10,791, plus interest. Gentek also appealed an order awarding attorney fees of $80,379 to the Palmers, and taxation of…
Date: December 19, 2019
Citation: 2019 ND 305
Docket Number: 20190346
Date: December 19, 2019
Citation: 2019 ND 305
Docket Number: 20190371
Date: December 18, 2019
Citation: 2019 ND 302
Docket Number: 20190155
Justia Opinion Summary: Raymond Voisine appealed a district court order finding he remained a sexually dangerous individual. He argued the district court erred by: (1) granting the State’s request for continuance; (2) not holding a hearing…
Date: December 18, 2019
Citation: 2019 ND 304
Docket Number: 20190179
Justia Opinion Summary: G.L.D. was first civilly committed as a sexually dangerous individual in 2007. G.L.D. petitioned the district court for discharge in April 2016, and a discharge hearing was held in June 2019. At the hearing, Dr. Richard…
Date: December 17, 2019
Citation: 2019 ND 301
Docket Number: 20190077
Justia Opinion Summary: Kevin Johnson appeals from an amended judgment granting Julie Lessard a divorce and from orders denying his motions for a new trial and for contempt. Johnson and Lessard were married in 2006, and had three minor children…
Date: December 12, 2019
Citation: 2019 ND 294
Docket Number: 20190056
Justia Opinion Summary: Bile Salat appealed the discontinuation of his disability benefits. In 2016, Salat slipped and fell at work. On March 31, 2016, WSI accepted liability for a contusion of the lower back and pelvis and a right ankle…
Date: December 12, 2019
Citation: 2019 ND 284
Docket Number: 20190062
Justia Opinion Summary: James Dubois, Jr., appealed a criminal judgment entered after the district court revoked his probation and resentenced him to five years’ incarceration. In 2017, Dubois plead guilty to two counts of criminal trespass and…
Date: December 12, 2019
Citation: 2019 ND 300
Docket Number: 20190065
Justia Opinion Summary: Kerry Komrosky appealed a criminal judgment after entering a conditional plea of guilty to three drug-related charges. In his plea, Komrosky reserved his right to appeal the district court’s denial of his motion to…
Date: December 12, 2019
Citation: 2019 ND 283
Docket Number: 20190086
Justia Opinion Summary: Allan Pailing appealed a district court order denying his motion for mistrial and dismissal of charges. Pailing was charged with unlawful possession of a controlled substance. During closing arguments he objected to an…
Date: December 12, 2019
Citation: 2019 ND 295
Docket Number: 20190091
Justia Opinion Summary: In September 2018, Western State Bank sued Swanson and James Lund to enforce commercial guaranties executed by Leland Swanson and Lund. Swanson and Lund consented to entry of judgment, and a $1,334,374.25 judgment was…
Date: December 12, 2019
Citation: 2019 ND 299
Docket Number: 20190094
Justia Opinion Summary: Matthew and SummerLee Thomas were married in 2008. Matthew and SummerLee have two children, H.M.T., born in 2008, and C.M.T., born in 2009. In May 2018 Matthew initiated a divorce proceeding, citing irreconcilable…
Date: December 12, 2019
Citation: 2019 ND 100
Docket Number: 20190100
Date: December 12, 2019
Citation: 2019 ND 287
Docket Number: 20190101
Justia Opinion Summary: The North Dakota Department of Transportation appeals from a judgment reversing the decision of an administrative hearing officer revoking Corey Joseph Jesser’s driving privileges for 180 days. Jesser refused to take a…
Date: December 12, 2019
Citation: 2019 ND 291
Docket Number: 20190114
Justia Opinion Summary: Rocky Stein appealed a district court order denying his application for post-conviction relief. Stein was charged with criminal vehicular homicide, a class A felony, and pled guilty to manslaughter, a class B felony.…
Date: December 12, 2019
Citation: 2019 ND 296
Docket Number: 20190138
Justia Opinion Summary: Oil Capital Ready Mix, LLC; Agape Holdings, LLP; Scott Dyk; and Samuel Dyk (collectively “Dyk”) appealed a judgment awarding Skaw ND Precast LLC (“Skaw”) $69,295 in damages for conversion of its property. In March 2013,…
Date: December 12, 2019
Citation: 2019 ND 286
Docket Number: 20190153
Justia Opinion Summary: Karen Wieland appeals from a judgment allowing the city of Fargo to take her property for flood mitigation purposes and awarding her $939,044.32 in just compensation, attorney fees, costs, and statutory expenses. Because…
Date: December 12, 2019
Citation: 2019 ND 289
Docket Number: 20190170
Justia Opinion Summary: Larry Alber appealed a district court order denying his motion for injunctive relief against the City of Marion. Alber also appealed an order denying his motion for reconsideration. In 2003, the City sued Alber, alleging…
Date: December 12, 2019
Citation: 2019 ND 298
Docket Number: 20190176
Justia Opinion Summary: After falling into arrears on his court-ordered child support obligation, the North Dakota suspended Joshua Rose's drivers license. In November 2018, Rose entered into a child support payment plan with the State which…
Date: December 12, 2019
Citation: 2019 ND 297
Docket Number: 20190182
Justia Opinion Summary: Donald Edwardson appealed a judgment dismissing his application for post-conviction relief. Edwardson was charged with failing to register as a sexual offender; the State alleged Edwardson had failed to register his…
Date: December 12, 2019
Citation: 2019 ND 282
Docket Number: 20190185
Date: December 12, 2019
Citation: 2019 ND 292
Docket Number: 20190186
Justia Opinion Summary: Chad Walker appealed an amended judgment that included an order to pay restitution. Walker pled guilty to theft for possession of a stolen motorcycle. The motorcycle owner filed a victim impact statement requesting…
Date: December 12, 2019
Citation: 2019 ND 293
Docket Number: 20190204
Justia Opinion Summary: Brandon Lindstrom appealed the district court judgment affirming the hearing officer’s decision to suspend Lindstrom’s license for 180 days. On January 28, 2019, Lindstrom was arrested for driving under the influence and…
Date: December 12, 2019
Citation: 2019 ND 290
Docket Number: 20190213
Justia Opinion Summary: Marlon Comes appealed a Second Amended Criminal Judgment, asserting the judgment imposed an illegal sentence. In 1996, Comes pleaded guilty to a class AA felony charge of murder and a class A felony charge of robbery. On…
Date: November 26, 2019
Citation: 2019 ND 280
Docket Number: 20190087
Justia Opinion Summary: Continental Resources, Inc. appealed a district court judgment dismissing its declaratory judgment action against the North Dakota Department of Environmental Quality (“Department”). Continental’s action for declaratory…
Date: November 25, 2019
Citation: 2019 ND 279
Docket Number: 20190082
Justia Opinion Summary: Paul and Raina Saastad were married in 2006 and had two children together. In April 2017, Raina filed for divorce. The issues of residential and decisionmaking responsibility for the parties’ children were tried to the…
Date: November 20, 2019
Citation: 2019 ND 274
Docket Numbers: 20180395, 20180396
Justia Opinion Summary: Jeremy Maines appeals from the district court’s amended criminal judgments and finding he is a habitual offender. In April 2017, Maines was charged with robbery and theft of property. The State later charged Maines with…
Date: November 20, 2019
Citation: 2019 ND 276
Docket Number: 20190069
Justia Opinion Summary: Chad Legare appealed a criminal judgment entered after his guilty plea to attempted murder. Prior to his guilty plea, Legare moved for an order allowing him to present an affirmative defense of justification or excuse.…
Date: November 20, 2019
Citation: 2019 ND 275
Docket Number: 20190089
Justia Opinion Summary: Becky Jo Krump-Wootton appealed a district court order denying her request to change the school location for the parties’ children, and denying her request to modify the parties’ parenting time. Daniel Krump…
Date: November 20, 2019
Citation: 2019 ND 268
Docket Number: 20190098
Justia Opinion Summary: James Broten appealed the dismissal of his attorney malpractice claim. Broten was appointed to serve as the personal representative of his father’s estate. Broten was sued by his sisters who claimed Broten had breached…
Date: November 20, 2019
Citation: 2019 ND 278
Docket Number: 20190116
Justia Opinion Summary: George Job appealed the denial of his motion to withdraw his 2008 guilty plea to the charge of aggravated assault. Job argued the district court abused its discretion by determining a manifest injustice did not result…
Date: November 20, 2019
Citation: 2019 ND 273
Docket Number: 20190143
Justia Opinion Summary: John Hughes appeals from a district court order dismissing his negligence action. In 2012, Olheiser Masonry employee Harley Rapp, and Hughes collided in a forklift and motor vehicle accident. Rapp was driving a forklift…
Date: October 29, 2019
Citation: 2019 ND 257
Docket Number: 20180162
Justia Opinion Summary: Sharron and Jennifer Jensen appealed district court orders: (1) admitting a copy of Jacquelynn Blikre’s will to formal probate; (2) ruling Blikre’s will was valid; and (3) denying a petition for formal probate of…
Date: October 29, 2019
Citation: 2019 ND 263
Docket Number: 20190015
Justia Opinion Summary: Lawrence Didier appeals from an order denying his petition for discharge from civil commitment as a sexually dangerous individual. On appeal, Didier argues the district court’s factual basis was insufficient to legally…
Date: October 29, 2019
Citation: 2019 ND 254
Docket Number: 20190049
Justia Opinion Summary: The State appealed an order granting Derek Grzadzieleski’s motion to suppress hospital records disclosing that his blood-alcohol content was above the legal limit after an all-terrain vehicle accident. The North Dakota…
Date: October 29, 2019
Citation: 2019 ND 262
Docket Number: 20190054
Justia Opinion Summary: Michelle Vetter appealed an order deferring imposition of sentence entered after a jury convicted her of child abuse. On appeal, Vetter asked the North Dakota Supreme Court to take judicial notice of filings from her…
Date: October 29, 2019
Citation: 2019 ND 251
Docket Number: 20190070
Justia Opinion Summary: Jared Taylor appealed a domestic violence protection order prohibiting him from coming within 300 feet of Brianne Clarke for two years. Taylor argued the district court erred in finding he committed domestic violence,…
Date: October 29, 2019
Citation: 2019 ND 255
Docket Number: 20190074
Justia Opinion Summary: K.V.'s parents, A.V. and E.D., appealed a juvenile court order K.V. committed the delinquent acts of criminal trespass, fleeing or attempting to elude a peace officer, and reckless driving. They argued N.D.C.C.…
Date: October 29, 2019
Citation: 2019 ND 259
Docket Number: 20190083
Justia Opinion Summary: Glen Baltrusch appeals from a criminal judgment entered after a jury found him guilty of four counts of disobedience of a judicial order. Gary, Milo, and Glen Baltrusch were sons of Delores Baltrusch. Gary was the…
Date: October 29, 2019
Citation: 2019 ND 261
Docket Numbers: 20190102, 20190103
Justia Opinion Summary: Anton Jacob Fettig appealed two district court judgments quieting title to real property in McKenzie County, North Dakota. Anton owned three parcels of real property. In 2001, Anton L. Fetting (Anton) executed a warranty…
Date: October 29, 2019
Citation: 2019 ND 258
Docket Number: 20190111
Justia Opinion Summary: J.B. appealed an order denying his petition for discharge from commitment as a sexually dangerous individual. J.B. argued the district court erred in determining he remains a sexually dangerous individual because the…
Date: October 29, 2019
Citation: 2019 ND 252
Docket Number: 20190121
Justia Opinion Summary: Rocky Mountain Steel Foundations, Inc. appealed an amended judgment ordering Mitchell’s Oil Field Services, Inc. and Travelers Casualty and Surety Company of America (collectively “Mitchell’s”) to pay Rocky Mountain…
Date: October 29, 2019
Citation: 2019 ND 256
Docket Number: 20190136
Justia Opinion Summary: A district court certified a question of law to the North Dakota Supreme Court on whether a married person under the age of eighteen was considered a “child” under the Juvenile Court Act. G.C.H. was charged with five…
Date: October 29, 2019
Citation: 2019 ND 248
Docket Number: 20190150
Justia Opinion Summary: Paul Herman appealed a judgment entered in favor of the trustees of a family trust [collectively the Trustees] following the district court’s granting of the Trust’s motion for summary judgment. Herman argued the…
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…
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…
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…
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…
Date: October 3, 2019
Citation: 2019 ND 244
Docket Number: 20190113
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…
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…
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…
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 …
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…
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…
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…
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…
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…
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…
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…
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…
Date: August 22, 2019
Citation: 2019 ND 226
Docket Number: 20190014
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…
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,…
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…
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.…
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…
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.…
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…
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…
Date: August 7, 2019
Citation: 2019 ND 212
Docket Number: 20190210
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…
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…
Date: August 1, 2019
Citation: 2019 ND 208
Docket Number: 20190191
Date: August 1, 2019
Citation: 2019 ND 209
Docket Number: 20190192
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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”)…
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…
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…
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,…
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…
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…
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…
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…
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,…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
Date: June 27, 2019
Citation: 2019 ND 150
Docket Number: 20190068
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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.…
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…
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’…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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:…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
Date: March 13, 2019
Citation: 2019 ND 61
Docket Numbers: 20190018, 20190019, 20190020, 20190021
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
Date: February 21, 2019
Citation: 2019 ND 35
Docket Numbers: 20180439, 20180440, 20180441
Date: January 31, 2019
Citation: 2019 ND 32
Docket Number: 20180310
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: January 15, 2019
Citation: 2019 ND 3
Docket Numbers: 20180192, 20180193, 20180194, 20180195, 20180196
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…
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…
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…
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…
Date: January 9, 2019
Citation: 2019 ND 1
Docket Number: 20160436
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