North Dakota Supreme Court Decisions 2020
Date: December 17, 2020
Citation: 2020 ND 315
Docket Number: 20190404
Justia Opinion Summary: John Hirschkorn was convicted by jury of aggravated assault and driving under the influence of alcohol. The charges arose from an altercation in a McLean County, North Dakota bar that was captured on video. Hirschkorn…
Date: December 17, 2020
Citation: 2020 ND 308
Docket Number: 20200004
Justia Opinion Summary: Rolando Rodriguez was convicted by jury of gross sexual imposition, burglary, terrorizing, and domestic violence assault. On appeal, Rodriguez argued: (1) he did not knowingly, intelligently, and voluntarily waive his…
Date: December 17, 2020
Citation: 2020 ND 305
Docket Number: 20200032
Justia Opinion Summary: Three Aces Properties LLC appealed, and United Rentals (North America), Inc., cross-appealed a judgment and orders denying their motions to amend the judgment. In 2017, Three Aces sued United Rentals for breach of…
Date: December 17, 2020
Citation: 2020 ND 299
Docket Number: 20200041
Justia Opinion Summary: Simon Hofer appealed after he conditionally pled guilty to driving under the influence. He argued the district court was required to suppress the results of the urine test because the implied consent advisory was not…
Date: December 17, 2020
Citation: 2020 ND 314
Docket Number: 20200051
Justia Opinion Summary: Following a bench trial, Kelly and Debra Perhus appealed from a district court judgment quieting title to disputed property in Kevin and Angela McCarvel. Kelly Perhus was the record title owner of the property. The court…
Date: December 17, 2020
Citation: 2020 ND 301
Docket Number: 20200074
Justia Opinion Summary: BNSF Railway Co. (“BNSF”) appealed a jury verdict and money judgment entered in favor of David Rentz. In July 2012, a tractor-trailer driven by Rentz was struck by a train operated by BNSF and train engineer, Reinaldo…
Date: December 17, 2020
Citation: 2020 ND 316
Docket Number: 20200077
Justia Opinion Summary: Cody Atkins appealed a district court order denying his motion to vacate a criminal judgment and withdraw his plea of guilty. In June 2015, Atkins pled guilty to violating an order prohibiting contact, a class A…
Date: December 17, 2020
Citation: 2020 ND 255
Docket Number: 20200090
Justia Opinion Summary: Trevor Bolme appealed after entering a conditional guilty plea to possession of methamphetamine and unlawful possession of drug paraphernalia. Bolme argued the district court erred in denying his motion to suppress…
Date: December 17, 2020
Citation: 2020 ND 304
Docket Number: 20200099
Justia Opinion Summary: In 2007 a jury found Timler Everett guilty of gross sexual imposition. Everett appealed a district court order denying his petition for postconviction relief based on allegedly newly discovered evidence. Everett argued…
Date: December 17, 2020
Citation: 2020 ND 311
Docket Number: 20200106
Justia Opinion Summary: This was the second appeal involving this matter. In the first appeal, the North Dakota Supreme Court affirmed the jury’s finding that there was a confidential relationship between Richard Twete and Clinton Mullin, and…
Date: December 17, 2020
Citation: 2020 ND 300
Docket Number: 20200119
Justia Opinion Summary: Riley Kuntz appealed the district court’s default judgment entered in his favor. Kuntz sued Ashlynn Leiss and Joseph Westbrook for trespass and theft of his cat trap. Neither Leiss nor Westbrook answered the complaint or…
Date: December 17, 2020
Citation: 2020 ND 309
Docket Number: 20200127
Justia Opinion Summary: Terry George appealed a domestic violence protection order entered against him, claiming the district court erred, without properly explaining the factual basis for its decision, in finding that a preponderance of the…
Date: December 17, 2020
Citation: 2020 ND 306
Docket Number: 20200137
Justia Opinion Summary: Amber Sather appealed a trial court judgment in hers and Adam Sather's divorce, a judgment that included a parenting plan for the parties’ children. She argued the district court erred by failing to include certain…
Date: December 17, 2020
Citation: 2020 ND 313
Docket Number: 20200145
Justia Opinion Summary: Stephanie Foote appealed an order denying her motion to suppress evidence and from the criminal judgment entered after she conditionally pled guilty to a charge of actual physical control (APC) of a motor vehicle while…
Date: December 17, 2020
Citation: 2020 ND 317
Docket Number: 20200168
Justia Opinion Summary: David Buller appealed a district court order granting a petition for commitment of a sexually dangerous individual. On January 23, 2020, the State filed a petition for civil commitment of Buller as a sexually dangerous…
Date: December 17, 2020
Citation: 2020 ND 303
Docket Number: 20200175
Justia Opinion Summary: Spencer Curtiss appealed the dismissal of his declaratory judgment action seeking relief from a criminal judgment and the district court’s subsequent order denying his motion for reconsideration. In 2011, Curtiss was…
Date: December 17, 2020
Citation: 2020 ND 312
Docket Number: 20200176
Justia Opinion Summary: Dustin Sackenreuter appealed after his conditional guilty plea to refusing to take a chemical breath test. He argued that the implied consent advisory he received was insufficient under N.D.C.C. 39-08-01(1)(f), that…
Date: December 17, 2020
Citation: 2020 ND 310
Docket Number: 20200203
Date: December 17, 2020
Citation: 2020 ND 307
Docket Number: 20200232
Justia Opinion Summary: Discover Bank (Discover) appealed a district court order denying its motion for judgment and dismissing the case. Discover sued Bryan Hornbacher, alleging he was indebted to it on a credit card debt for $14,695.13. The…
Date: November 24, 2020
Citation: 2020 ND 251
Docket Number: 20200298
Justia Opinion Summary: North Dakota Governor Doug Burgum petitioned the State Supreme Court to exercise its original jurisdiction and issue declarations and a writ of mandamus concerning who appoints the replacement after the pre-election…
Date: November 19, 2020
Citation: 2020 ND 243
Docket Number: 20190242
Justia Opinion Summary: Chris Oden appealed a judgment entered against him in a collection action after the district court granted summary judgment in favor of the State, through Workforce Safety and Insurance, (“WSI”). In May 2010, Oden was…
Date: November 19, 2020
Citation: 2020 ND 242
Docket Number: 20190339
Justia Opinion Summary: Greg Grengs appealed a judgment and decree of divorce entered September 3, 2019, and two post-trial orders. On appeal, Grengs asserted: (1) the district court erred in dismissing his post-trial motion to set aside the…
Date: November 19, 2020
Citation: 2020 ND 241
Docket Number: 20200006
Justia Opinion Summary: Amy Vaagen appealed an order revoking her unsupervised probation and imposing a period of confinement. In 2018, Vaagen pleaded guilty to preventing arrest, possession of a controlled substance, and possession of drug…
Date: November 19, 2020
Citation: 2020 ND 231
Docket Number: 20200071
Justia Opinion Summary: Timothy Hajicek appealed after he conditionally pled guilty to driving under the influence. Hajicek claimed the district court erred in denying his motion to suppress evidence because a University of North Dakota police…
Date: November 19, 2020
Citation: 2020 ND 235
Docket Number: 20200073
Justia Opinion Summary: W.A. appealed a district court order finding P.K. the father of V.G.A. and awarding P.K. and W.A. equal decision-making responsibility, P.K. primary residential responsibility, W.A. parenting time, and ordering W.A. to…
Date: November 19, 2020
Citation: 2020 ND 233
Docket Number: 20200076
Justia Opinion Summary: This action concerned child support for the parties’ child, J.T.G. A Nevada court granted Vickie Lenard (aka Gooss) primary residential responsibility for J.T.G. The court awarded Jeffrey Gooss parenting time and…
Date: November 19, 2020
Citation: 2020 ND 240
Docket Number: 20200085
Justia Opinion Summary: Cody Muscha appealed a domestic violence protection order, arguing he was provided with the wrong date for the hearing, therefore, he was deprived of his due process right to be heard. In affirming the district court's…
Date: November 19, 2020
Citation: 2020 ND 249
Docket Number: 20200087
Justia Opinion Summary: Donald Moore, Scott Moore, and the Glenn W. Moore & Sons partnership appealed an amended judgment ordering the partnership to pay $140,206 to Delbert Moore’s step-children, Charles Minard, Candice Eberhart, and Terry…
Date: November 19, 2020
Citation: 2020 ND 247
Docket Number: 20200101
Justia Opinion Summary: Levi Conry was charged with leaving the scene of an accident involving damage to a motor vehicle. Conry entered into a plea agreement with the State and pleaded guilty. As part of the agreement Conry received a deferred…
Date: November 19, 2020
Citation: 2020 ND 248
Docket Number: 20200108
Justia Opinion Summary: Marcus Polk was convicted by jury of aggravated assault. He appealed. The North Dakota Supreme Court concluded sufficient evidence of serious bodily injury supported Polk’s conviction for aggravated assault. Furthermore,…
Date: November 19, 2020
Citation: 2020 ND 245
Docket Number: 20200114
Justia Opinion Summary: Kyle Christianson appealed a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges based on his conviction in Canada for a driving under the influence…
Date: November 19, 2020
Citation: 2020 ND 232
Docket Number: 20200115
Justia Opinion Summary: Corey Jundt appealed a district court judgment affirming an administrative hearing officer’s decision to suspend Jundt’s driving privileges for 180 days for driving under the influence. Jundt argued the hearing officer…
Date: November 19, 2020
Citation: 2020 ND 234
Docket Number: 20200122
Justia Opinion Summary: Lavern Behm appealed a judgment ordering Montana-Dakota Utilities Co. (“MDU”) to pay him $17,443 in attorney’s fees and costs incurred in an eminent domain action. Behm argued his constitutional rights were violated in…
Date: November 19, 2020
Citation: 2020 ND 236
Docket Number: 20200135
Justia Opinion Summary: Gail Howard, Bruce Lindvig, and Milton Lindvig, personally and as Successor Personal Representative to the Estate of Ralph H. Lindvig, (together “the estate of Ralph Lindvig”) appealed a judgment entered in consolidated…
Date: November 19, 2020
Citation: 2020 ND 250
Docket Number: 20200152
Justia Opinion Summary: Derek Wisham appeals from an order denying his application for post-conviction relief. In 2014, Wisham was charged with gross sexual imposition and assault. On December 21, 2015, Wisham pled guilty to a charge of sexual…
Date: November 19, 2020
Citation: 2020 ND 237
Docket Number: 20200154
Justia Opinion Summary: Joan Gates appealed a district court order denying her motion for summary judgment filed in her criminal case. In 2013, a jury found Gates guilty of misapplication of entrusted property, a class B felony, for her actions…
Date: November 6, 2020
Citation: 2020 ND 230
Docket Number: 20200264
Date: October 27, 2020
Citation: 2020 ND 228
Docket Number: 20200098
Justia Opinion Summary: Robert V. Bolinske, Sr., appealed an order denying his motion to vacate a default judgment. Discover Bank (“Discover”) sued Bolinske for unpaid debt in the amount of $3,915.53 on a credit card Discover issued to…
Date: October 26, 2020
Citation: 2020 ND 227
Docket Numbers: 20190360, 20190361
Justia Opinion Summary: Joel Finstrom, James Finstrom and Annette Hauser appeal from orders and a judgment denying their claims related to Ruth Finstrom’s estate. Ruth and Carl Finstrom had seven children: James, Daniel , Joel, Annette Hauser,…
Date: October 21, 2020
Citation: 2020 ND 205
Docket Number: 20190169
Justia Opinion Summary: Robert Hall appealed a judgment entered in favor of the defendants Estate of John Hall, Deborah Hall, and Leslie Hall Butzer ("Hall defendants") in this action to quiet title to a non-participating royalty interest…
Date: October 21, 2020
Citation: 2020 ND 213
Docket Number: 20190256
Justia Opinion Summary: G&D Enterprises (“G&D”) appealed the dismissal of its claims against against Merrilynn Liebelt. G&D and Liebelt owned adjacent properties in the City of Beulah, North Dakota. In the summer of 2015, G&D discovered a…
Date: October 21, 2020
Citation: 2020 ND 206
Docket Number: 20190343
Justia Opinion Summary: Benjamin Suelzle appealed a district court judgment affirming a Department of Transportation hearing officer’s decision revoking his driving privileges for two years. Suelzle argued the hearing officer erred: (1) by…
Date: October 21, 2020
Citation: 2020 ND 226
Docket Number: 20190353
Justia Opinion Summary: Darl Hehn appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Because the North Dakota Supreme Court determined the district court failed to make…
Date: October 21, 2020
Citation: 2020 ND 209
Docket Number: 20190385
Justia Opinion Summary: M.L.B. appealed a district court order denying her petition to terminate T.D.R.’s parental rights. M.L.B. and T.D.R. had one child together, C.A.R., born in 2015. In May 2018, M.L.B. petitioned for termination of…
Date: October 21, 2020
Citation: 2020 ND 204
Docket Numbers: 20190397, 20190396, 20190398, 20190399
Justia Opinion Summary: RFM-TREI Jefferson Apartments, LLC; RFM-TREI Lincoln Apartments, LLC; Dickinson Homestay, LLC; and Lodgepros Dickinson, LLC (together “the Taxpayers”) appealed district court judgments affirming the Stark County Board of…
Date: October 21, 2020
Citation: 2020 ND 207
Docket Number: 20200005
Justia Opinion Summary: Bismarck Financial Group, LLC, and its individual members (together “BFG”) appeal from an order granting James Caldwell’s Rule 12(b)(6) motion to dismiss their complaint. According to BFG’s complaint, Bismarck Financial…
Date: October 21, 2020
Citation: 2020 ND 225
Docket Number: 20200021
Justia Opinion Summary: Shawn Kluver and Little Knife Disposal, LLC, appeal from a district court judgment ordering them to pay $140,042.83 to Titan Machinery, Inc., and $100,731.62 to Renewable Resources, LLC. In 2016, Kluver was the general…
Date: October 21, 2020
Citation: 2020 ND 223
Docket Number: 20200025
Justia Opinion Summary: Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an administrative law judge’s (“ALJ”) order that affirmed WSI’s April 2018 order awarding permanent impairment benefits to Jason Tolman…
Date: October 21, 2020
Citation: 2020 ND 212
Docket Number: 20200026
Justia Opinion Summary: Sabrina Bickel appealed a second amended judgment modifying Matthew Bickel’s child support obligation, order for amended judgment, and order on her motion to compel discovery. She argued the district court erred by…
Date: October 21, 2020
Citation: 2020 ND 208
Docket Number: 20200033
Justia Opinion Summary: Christopher Devine appealed after conditionally pleading guilty to criminal vehicular homicide (a class A felony), and two counts of criminal vehicular injury (class C felonies). Devine argued the district court was…
Date: October 21, 2020
Citation: 2020 ND 216
Docket Number: 20200050
Justia Opinion Summary: Kimberly Long appealed following her conditional guilty plea to refusal to submit to a chemical test, a class B misdemeanor. Long argued N.D.C.C. 39-08-01(1)(f) was ambiguous, and the legislative history required a…
Date: October 21, 2020
Citation: 2020 ND 217
Docket Number: 20200072
Justia Opinion Summary: The district court affirmed the North Dakota Department of Human Service’s determination that Harold Ring was ineligible for Medicaid. When these proceedings began, Ring was ninety-six years old and living in the Good…
Date: October 21, 2020
Citation: 2020 ND 218
Docket Number: 20200129
Justia Opinion Summary: Jeremy Hoffarth appealed an order denying his motion for relief from a divorce judgment and his subsequent motion to reconsider. The North Dakota Supreme Court concluded the appeal of his motion for relief from the…
Date: October 21, 2020
Citation: 2020 ND 224
Docket Number: 20200160
Justia Opinion Summary: Ashley Hunter appealed an order denying his application for post- conviction relief. Hunter was charged with two counts of murder and one count of arson. After a nine-day jury trial, he was found guilty of all charges.…
Date: September 25, 2020
Citation: 2020 ND 203
Docket Number: 20200251
Justia Opinion Summary: Kenton Onstad, individually in his capacity as a resident and elector of North Dakota District 4 and as chair of the District 4 Democratic-NPL Party, petitioned for a writ of mandamus to compel Secretary of State Alvin…
Date: September 21, 2020
Citations: 2020 ND 152, 2020 ND 202
Docket Number: 20190277
Date: September 16, 2020
Citation: 2020 ND 201
Docket Number: 20190379
Justia Opinion Summary: Tim O’Keeffe appealed district court orders denying his motion to terminate spousal support and awarding attorney’s fees to Kari O’Keeffe. Because the district court erred in concluding spousal support was rehabilitative…
Date: September 15, 2020
Citation: 2020 ND 194
Docket Number: 20190216
Justia Opinion Summary: John and Tammy Sadek, the surviving parents of Andrew Sadek ("Andrew"), appealed the district court’s grant of summary judgment to Jason Weber and Richland County, North Dakota. Defendant Jason Weber was a deputy with…
Date: September 15, 2020
Citation: 2020 ND 192
Docket Number: 20190220
Justia Opinion Summary: Environmental Law and Policy Center and Dakota Resource Council (“Appellants”) appealed from a district court judgment affirming the Public Service Commission’s order dismissing Appellants’ formal complaint on the basis…
Date: September 15, 2020
Citation: 2020 ND 197
Docket Number: 20190331
Justia Opinion Summary: Abbey Gifford appealed a judgment granting her and Brian Woelfel equal residential responsibility for their minor child and determining child support. After review, the North Dakota Supreme Court concluded the district…
Date: September 15, 2020
Citation: 2020 ND 193
Docket Number: 20190411
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a hearing officer’s decision suspending Brandon Jorgenson’s driving privileges for 180 days. The Department argued the court…
Date: September 15, 2020
Citation: 2020 ND 200
Docket Number: 20200044
Justia Opinion Summary: A jury convicted Coby Edwards of gross sexual imposition, a class AA felony. Prior to trial, Edwards retained a psychologist to testify about the accuracy of the child victim’s memories. Trial was held on July 16-18,…
Date: September 15, 2020
Citation: 2020 ND 196
Docket Number: 20200171
Justia Opinion Summary: Cash Aaland, Larry Bakko, and Penny Cirks (the “Landowners”) moved to stay, pending appeal, district court orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their…
Date: September 4, 2020
Citation: 2020 ND 190
Docket Number: 20200234
Justia Opinion Summary: Kylie Oversen, individually and as chairwoman of the Democratic-Non-Partisan League Party of North Dakota, and Jason Anderson, as a candidate nominated by the Democratic-Non-Partisan League Party of North Dakota for the…
Date: August 31, 2020
Citation: 2020 ND 189
Docket Number: 20190363
Justia Opinion Summary: Kelly Grenz, as personal representative of the Estate of Leo Grenz, appealed orders and judgments partially invalidating the will of Leo Grenz. The district court invalidated a portion of the will resulting from undue…
Date: August 27, 2020
Citation: 2020 ND 187
Docket Number: 20190327
Justia Opinion Summary: Appellants, the Pederson defendants, appealed after a district court granted summary judgment quieting title to certain mineral interests in appellees, the Muhlbradt plaintiffs. The Pederson defendants argued the court…
Date: August 27, 2020
Citation: 2020 ND 183
Docket Number: 20190354
Justia Opinion Summary: The Board of University and School Lands of the State of North Dakota, the State Engineer, and Statoil Oil & Gas LP appeal from a judgment determining William Wilkinson and the other plaintiffs owned mineral interests in…
Date: August 27, 2020
Citation: 2020 ND 186
Docket Number: 20190356
Justia Opinion Summary: Dennis Thorson appeals from a judgment ordering him to remove a building from Keith Kvande’s property. Kvande owns real property described as Lot 3 in Block 1 of the School Addition to the City of Wheelock, Williams…
Date: August 27, 2020
Citation: 2020 ND 184
Docket Number: 20190378
Justia Opinion Summary: Brandi Koffler appealed a second amended judgment modifying Beau Koffler’s child support obligation. She argued the district court erred by finding there was a material change in circumstances warranting a modification…
Date: August 27, 2020
Citation: 2020 ND 181
Docket Number: 20190412
Justia Opinion Summary: This dispute concerned two parcels of real estate located in Emmons County, North Dakota. Jeff and Donna Magrum appealed a district court judgment quieting title to real estate in Leslie Gimbel. The Magrums argued the…
Date: August 27, 2020
Citation: 2020 ND 183
Docket Numbers: 20200008, 20200009, 20200010
Justia Opinion Summary: In June 2000, M.J.W. pled guilty to two misdemeanor offenses. In January 2001, he again pled guilty to a misdemeanor offense. In July 2003, he pled guilty to three misdemeanor offenses. In each of these three criminal…
Date: August 27, 2020
Citation: 2020 ND 180
Docket Number: 20200037
Justia Opinion Summary: Alysha Instasi appealed a district court judgment dismissing her motion to amend a Washington child custody judgment for lack of jurisdiction. Instasi and Jeremy Hiebert had two children. In December 2015, a judgment was…
Date: August 27, 2020
Citation: 2020 ND 182
Docket Number: 20200066
Justia Opinion Summary: Woodrock, Inc. appealed the grant of summary judgment dismissing its negligence and other claims against McKenzie County, North Dakota. In September 2018, Woodrock sued the County for violations of N.D.C.C. ch. 48-01.2…
Date: August 27, 2020
Citation: 2020 ND 185
Docket Number: 20200075
Justia Opinion Summary: The dispute concerned lots, streets, and alleys within or near the City of Glen Ullin. The lots, streets, and alleys were all surveyed and platted, but undeveloped. The Park District owned or had authority over the lots.…
Date: August 27, 2020
Citation: 2020 ND 188
Docket Number: 20200183
Justia Opinion Summary: The City of West Fargo (the “City”) petitioned the North Dakota Supreme Court for a supervisory writ to direct the district court to vacate a pretrial order requiring the City to produce at trial the individual (or the…
Date: August 26, 2020
Citation: 2020 ND 178
Docket Number: 20200184
Justia Opinion Summary: Rick Berg, as a resident and elector of North Dakota, and as chairman of the North Dakota Republican Party, petitioned this Court to exercise its original jurisdiction and issue a writ of mandamus directing Secretary of…
Date: August 25, 2020
Citation: 2020 ND 177
Docket Number: 20200213
Justia Opinion Summary: Petitioners Michael Haugen, Jacob Stutzman, Trent Barkus, and the Brighter Future Alliance sought a writ to enjoin North Dakota Secretary of State Alvin Jaeger from placing an initiated measure on the November 3, 2020…
Date: July 30, 2020
Citation: 2020 ND 174
Docket Number: 20190159
Justia Opinion Summary: Donna Wald appealed an amended divorce judgment valuing and distributing hers and Gerard Wald’s marital property. She also appealed a postjudgment order denying her motion for contempt or redistribution of property.…
Date: July 30, 2020
Citation: 2020 ND 175
Docket Number: 20190203
Justia Opinion Summary: The Plaintiffs, in their individual capacities and on behalf of similarly situated taxpayers, sought declaratory relief regarding chapter 61-33.1, N.D.C.C., relating to the ownership of mineral rights in lands subject to…
Date: July 30, 2020
Citation: 2020 ND 176
Docket Number: 20190367
Justia Opinion Summary: Robyn Krile appealed from a district court order granting defendant Julie Lawyer’s motion to dismiss under N.D.R.Civ.P. 12(b)(6). In February 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter…
Date: July 27, 2020
Citation: 2020 ND 173
Docket Number: 20190393
Justia Opinion Summary: The State of North Dakota appealed dismissal of its criminal complaint against Jerome Greenshields with prejudice. In February 2018, the State charged Greenshields with one count of sexual assault occurring in 1997 and…
Date: July 23, 2020
Citation: 2020 ND 172
Docket Number: 20190352
Justia Opinion Summary: Hess Bakken Investments II, LLC; Arkoma Drilling II, L.P.; and Comstock Oil & Gas, LP, (together the “Hess Group”) appealed an order and judgment dismissing their claims against AgriBank, FCB; Intervention Energy, LLC;…
Date: July 22, 2020
Citation: 2020 ND 161
Docket Number: 20190254
Justia Opinion Summary: Terrance Fredericks appealed a district court judgment ordering him to pay more than $1,000,000 in damages to McCormick, Inc.; Native Energy Construction, LLC; and Northern Improvement Company. McCormick and Northern…
Date: July 22, 2020
Citation: 2020 ND 171
Docket Number: 20190272
Justia Opinion Summary: Terrance Fredericks appealed a district court order dismissing his lawsuit against the Vogel Law Firm and its attorneys Monte Rogneby and Maurice McCormick, McCormick Inc., and Northern Improvement Company. In the…
Date: July 22, 2020
Citation: 2020 ND 169
Docket Number: 20190275
Justia Opinion Summary: In early 2019, Devils Lake Police Officer Gilbertson was dispatched on a report of a possibly impaired driver. Gilbertson pulled the vehicle over and as he reached the back of the vehicle, the vehicle fled the scene.…
Date: July 22, 2020
Citation: 2020 ND 152
Docket Number: 20190277
Justia Opinion Summary: Deborah Holter appealed a district court judgment dismissing her appeal of the Mandan Board of City Commissioners’ decision to specially assess her property for street improvements. In July 2017, the Mandan Special…
Date: July 22, 2020
Citation: 2020 ND 160
Docket Number: 20190317
Justia Opinion Summary: Richard Scott was convicted by jury of solicitation of a minor and child neglect. Scott argued the district court erred when it did not instruct the jury on the defense of double jeopardy. He also argues the court erred…
Date: July 22, 2020
Citation: 2020 ND 155
Docket Number: 20190325
Justia Opinion Summary: Steven Helm appealed after he was found guilty of driving under the influence, a fourth offense in fifteen years. He argued the State failed to present evidence on the second essential element that he was under the…
Date: July 22, 2020
Citation: 2020 ND 153
Docket Number: 20190337
Justia Opinion Summary: Aimee Norby and Robert Hinesley were the parents of a child born in 2012. In 2014, Norby filed and served a complaint seeking primary residential responsibility over the child. Norby was awarded primary residential…
Date: July 22, 2020
Citation: 2020 ND 162
Docket Number: 20190349
Justia Opinion Summary: Edward Skorick appealed from a district court order civilly committing him as a sexually dangerous individual. In September 2018, the State petitioned to have Skorick civilly committed. Two experts, Dr. Richard Travis…
Date: July 22, 2020
Citation: 2020 ND 154
Docket Number: 20190359
Justia Opinion Summary: Carlin Schultz appealed a criminal judgment entered following his conditional guilty plea to the charge of driving under the influence. Schultz entered a conditional guilty plea preserving his right to challenge the…
Date: July 22, 2020
Citation: 2020 ND 167
Docket Number: 20190374
Justia Opinion Summary: Duane and Lynae Schroeder, parents of Brooke Schroeder, and Lynae Schroeder, as personal representative of the Estate of Brooke Schroeder, appealed the grant of summary judgment dismissing their action against the State…
Date: July 22, 2020
Citation: 2020 ND 165
Docket Number: 20190391
Justia Opinion Summary: Kathleen and Thomas Varty divorced in 2011. In August 2017, Thomas moved to terminate spousal support to Kathleen. The district court reduced his obligation and Kathleen appealed. The North Dakota Supreme Court affirmed.…
Date: July 22, 2020
Citation: 2020 ND 159
Docket Number: 20200001
Justia Opinion Summary: Dustin Laufer appealed the dismissal of his complaint alleging property damage caused by Warren Doe’s agricultural chemical application. In November 2018, Laufer sued Doe, alleging Laufer’s crops were damaged when Doe…
Date: July 22, 2020
Citation: 2020 ND 168
Docket Number: 20200067
Justia Opinion Summary: North Dakota Workforce Safety and Insurance (WSI) appealed a district court judgment reversing an administrative law judge’s (ALJ) decision terminating Gregory Beam’s benefits. Beam was injured in 2016 while working for…
Date: July 22, 2020
Citation: 2020 ND 170
Docket Number: 20200100
Justia Opinion Summary: In 2019, the district court entered a judgment awarding Karen Wieland $850,000 as just compensation for the taking of her property. The following day, the City of Fargo deposited $850,000 with the Cass County Clerk of…
Date: June 29, 2020
Citation: 2020 ND 145
Docket Number: 20190095
Justia Opinion Summary: National Parks Conservation Association (“NPCA”) appealed a judgment affirming a final permit decision by the North Dakota Department of Environmental Quality, formerly the Department of Health Environmental Health…
Date: June 29, 2020
Citation: 2020 ND 131
Docket Number: 20190199
Justia Opinion Summary: Troy Boysen appealed a district court order denying his motions for reconsideration and for a new trial. In February 2019, Amy Avery petitioned the district court for a disorderly conduct restraining order against…
Date: June 29, 2020
Citation: 2020 ND 148
Docket Number: 20190209
Justia Opinion Summary: Alicia Wisnewski appealed a divorce judgment distributing property, awarding spousal support, declining to award attorney’s fees, determining parenting time, decisionmaking responsibility, and child support. Alicia…
Date: June 29, 2020
Citation: 2020 ND 136
Docket Number: 20190223
Justia Opinion Summary: In 2018, Walter James was arrested and charged with possession with intent to deliver a controlled substance and fraudulent practices in urine testing. The district court appointed an attorney for James after determining…
Date: June 29, 2020
Citation: 2020 ND 150
Docket Number: 20190334
Justia Opinion Summary: Stephen Zundel sued his brothers, Loren and Richard Zundel, seeking possession of personal property subject to a May 2013 bill of transfer. Loren and Richard Zundel believed the property was part of their father's, Edwin…
Date: June 29, 2020
Citation: 2020 ND 140
Docket Number: 20190338
Justia Opinion Summary: Mark Hiepler, as the trustee of the Orville G. Hiepler and Florence L. Hiepler Family Trust (“Trust”), appealed a judgment ordering him to transfer certain Trust property to Bill Seerup, and appealed an order denying his…
Date: June 29, 2020
Citation: 2020 ND 142
Docket Number: 20190388
Justia Opinion Summary: Michael Truelove appealed dismissal of his application for post-conviction relief. Truelove alleged he received ineffective assistance of counsel during his trial and requests his criminal judgment vacated. Truelove…
Date: June 29, 2020
Citation: 2020 ND 135
Docket Number: 20190390
Justia Opinion Summary: Nathanael Brown appealed the issuance of a domestic violence protection order which enjoined him from having contact with Flavia Brown and restricted his right to possess firearms. In late September 2019, Flavia Brown…
Date: June 29, 2020
Citation: 2020 ND 151
Docket Number: 20190400
Justia Opinion Summary: Mackenzie Harstad appealed a district court’s judgment ordering restitution for unrecovered personal property. The personal property was in a vehicle at the time the vehicle was stolen, but was not in the vehicle seven…
Date: June 29, 2020
Citation: 2020 ND 147
Docket Number: 20190402
Justia Opinion Summary: Lawrence Lavallie brought this personal injury action against Lorne Jay and Michael Charette after the parties were involved in a motor vehicle accident. The accident occurred on the night of December 26, 2016, on County…
Date: June 29, 2020
Citation: 2020 ND 132
Docket Number: 20190408
Justia Opinion Summary: James Kremer appealed the denial of his application for post-conviction relief. In 2014, FBI agents seized computers, hard drives, and other electronic devices belonging to Kremer. Child pornography was found on some of…
Date: June 29, 2020
Citation: 2020 ND 146
Docket Number: 20200016
Justia Opinion Summary: The Department of Transportation appealed a district court judgment reversing a hearing officer’s decision suspending Jeremy Grove’s driver’s license. Grove was arrested and cited for driving under the influence of…
Date: June 29, 2020
Citation: 2020 ND 143
Docket Number: 20200018
Justia Opinion Summary: Susan Franciere appealed a district court judgment granting the City of Mandan’s motion to dismiss for lack of personal jurisdiction due to insufficient service. In 2017, Franciere and her dog were attacked by a dog in…
Date: June 29, 2020
Citation: 2020 ND 144
Docket Number: 20200060
Justia Opinion Summary: Austin Pouliot appealed following his conditional guilty plea to driving under the influence. Pouliot preserved his right to challenge the denial of his motion seeking to exclude from evidence the results of a chemical…
Date: June 8, 2020
Citation: 2020 ND 130
Docket Number: 20190347
Justia Opinion Summary: William Nelson appealed a district court judgment denying his claims relating to a quitclaim deed executed by his mother Elsie Haykel before her death. Elsie Haykel executed estate planning documents and a quitclaim deed…
Date: June 2, 2020
Citation: 2020 ND 125
Docket Number: 20190171
Justia Opinion Summary: Fred Sande, the personal representative of the Estate of Geraldine Sande, appealed a judgment distributing the estate. Geraldine Sande and her son, Philip Sande, owned Sande Music Company, a partnership. Geraldine owned…
Date: June 2, 2020
Citation: 2020 ND 121
Docket Number: 20190225
Justia Opinion Summary: James McGowen, a/k/a James McGowan, appeals from the amended criminal judgment finding him guilty of two counts of simple assault on a corrections officer and ordering $1,855.31 in restitution. McGowen was brought from a…
Date: June 2, 2020
Citation: 2020 ND 110
Docket Number: 20190248
Justia Opinion Summary: Erica Sims appealed a judgment granting her a divorce from Larry Sims. She argued the district court’s parenting time decision was clearly erroneous, the court erred in determining the value of certain marital property,…
Date: June 2, 2020
Citation: 2020 ND 116
Docket Number: 20190253
Justia Opinion Summary: Janet Gerving appealed a judgment granting Ben Gerving a divorce and distributing their marital property. Janet argued the district court’s property distribution was clearly erroneous because it was not equitable and the…
Date: June 2, 2020
Citation: 2020 ND 118
Docket Number: 20190269
Justia Opinion Summary: Travis Yoney appealed a district court amended judgment after a jury found him guilty of attempted murder, burglary, reckless endangerment, and terrorizing. According to testimony at trial, in August 2018 Yoney fired a…
Date: June 2, 2020
Citation: 2020 ND 126
Docket Number: 20190276
Justia Opinion Summary: Trevor Rustad appealed an amended judgment modifying a previous parenting plan. Mary Baumgartner cross-appealed an order denying her motion to modify parenting time. The parties had two minor children together, L.J.B.,…
Date: June 2, 2020
Citation: 2020 ND 113
Docket Number: 20190285
Justia Opinion Summary: George Voigt appealed a judgment establishing paternity and primary residential responsibility. Voigt and Brenna Nelson were never married, but had one daughter, S.M.V., born in 2013. Voigt filed a complaint to establish…
Date: June 2, 2020
Citation: 2020 ND 114
Docket Number: 20190300
Justia Opinion Summary: This was an appeal stemming from a divorce action commenced in 2017. The only issue was division of the parties’ marital property. Included as part of the parties’ marital property was Myron Axtman’s Hess pension. The…
Date: June 2, 2020
Citation: 2020 ND 112
Docket Number: 20190301
Justia Opinion Summary: Kinsale Insurance Company appealed a district court’s partial summary judgment determining Kinsale had a duty to defend QEP Energy Company (“QEP”). QEP moved to dismiss the appeal, arguing the partial summary judgment…
Date: June 2, 2020
Citation: 2020 ND 120
Docket Number: 20190320
Justia Opinion Summary: Anthony Washington appealed a district court's judgment entered following Washington’s conditional guilty pleas to fleeing from a law enforcement officer and preventing arrest. Washington was stopped for speeding. During…
Date: June 2, 2020
Citation: 2020 ND 124
Docket Numbers: 20190323, 20190324
Justia Opinion Summary: Richard Powley appealed after a jury found him guilty of three counts of gross sexual imposition (GSI). Powley was on parole at the time of his arrest. Detectives believed there was evidence of communications between…
Date: June 2, 2020
Citation: 2020 ND 119
Docket Number: 20190329
Justia Opinion Summary: Tara Soucy appealed after a jury found her guilty of child neglect. On appeal, Soucy argued the district court erred by refusing to take judicial notice of a related conviction of the children’s father. After review, the…
Date: June 2, 2020
Citation: 2020 ND 128
Docket Numbers: 20190340, 20190341, 20190342
Date: June 2, 2020
Citation: 2020 ND 123
Docket Numbers: 20190357, 20190355
Justia Opinion Summary: The State appealed the suppression of evidence in criminal proceedings initiated against Jordan Selzler and Kelsey Jankowski. The criminal charges against Selzler and Jankowski stemmed from evidence gathered during the…
Date: May 14, 2020
Citation: 2020 ND 108
Docket Number: 20190310
Justia Opinion Summary: Dustin Irwin died in 2014, in the Ward County, North Dakota jail. The circumstances of his death led to an investigation and criminal charges against Ward County Sheriff Steven Kukowski. Initially, Divide County State’s…
Date: May 7, 2020
Citation: 2020 ND 107
Docket Number: 20190123
Justia Opinion Summary: Daniel Raak appealed a district court order: (1) denying his post-judgment motion to redistribute property and request for an evidentiary hearing; and (2) finding him in contempt and from a third amended judgment…
Date: May 7, 2020
Citation: 2020 ND 105
Docket Number: 20190222
Justia Opinion Summary: Alan Albrecht appeals from a district court judgment dismissing his complaint against Mark Albrecht with prejudice. The background for this case stemmed from prior litigation in the divorce proceedings of Glen and…
Date: May 7, 2020
Citation: 2020 ND 97
Docket Number: 20190228
Justia Opinion Summary: In December 2018, Officer Nelson of the University of North Dakota Police Department conducted a traffic stop of Stanley Kolstad for suspicion of driving under the influence. Kolstad performed field sobriety tests and a…
Date: May 7, 2020
Citation: 2020 ND 83
Docket Number: 20190231
Justia Opinion Summary: Shadow Industries, LLP, appealed a district court judgment dismissing its eviction action and holding the tenants David and Chris Hoffman had timely exercised their option to extend the term of the parties’ lease…
Date: May 7, 2020
Citation: 2020 ND 98
Docket Number: 20190236
Justia Opinion Summary: In June 2014, Rodney, Thomas, and Susan Brossart, as plaintiffs, filed a lawsuit in North Dakota federal district court against Nelson County, North Dakota, and the sheriff and a deputy sheriff of Nelson County, as…
Date: May 7, 2020
Citation: 2020 ND 92
Docket Number: 20190245
Justia Opinion Summary: Gregory Schwindt appealed a district court judgment affirming a Department of Transportation hearing officer’s revocation of his driving privileges for 180 days. Schwindt argued North Dakota’s implied consent and refusal…
Date: May 7, 2020
Citation: 2020 ND 89
Docket Number: 20190247
Justia Opinion Summary: Roger Feltman and TRRP LLC (Feltman) appeal a district court judgment dismissing their malpractice lawsuit against attorney Daniel Gaustad and the Pearson, Christensen & Clapp law firm (Gaustad). The court concluded…
Date: May 7, 2020
Citation: 2020 ND 106
Docket Number: 20190274
Justia Opinion Summary: Joey Wayland appealed after he was convicted by jury of Theft of Property and Possession of Drug Paraphernalia. Wayland contended his case should have been dismissed because his right to a speedy trial was violated by a…
Date: May 7, 2020
Citation: 2020 ND 100
Docket Number: 20190286
Justia Opinion Summary: Richard Dodge appealed from a district court order denying his application for post-conviction relief. Dodge was charged with five felonies and a misdemeanor in December 2015. Dodge was appointed counsel. In April 2016,…
Date: May 7, 2020
Citation: 2020 ND 87
Docket Number: 20190292
Justia Opinion Summary: The State of North Dakota appealed a district court order denying its motion to resume prosecution against Matthew Dahl and dismissing the case. In December 2014, the State charged Dahl with two counts of theft. Dahl did…
Date: May 7, 2020
Citation: 2020 ND 85
Docket Number: 20190298
Justia Opinion Summary: Akeem Foster was convicted by jury of Terrorizing and Carrying a Concealed Weapon. Foster contended on appeal he was denied a fair trial because he was asked during cross-examination if other witnesses were lying and…
Date: May 7, 2020
Citation: 2020 ND 93
Docket Numbers: 20190312, 20190313, 20190314, 20190315, 20190316
Justia Opinion Summary: C & K Consulting, LLC, Stonebridge Villas LLC, Stonebridge Villas II LLC, Stonebridge Development Company LLC, and Townhomes at Stonebridge LLC (collectively, “C&K Consulting”) appealed a district court’s dismissal of…
Date: May 7, 2020
Citation: 2020 ND 81
Docket Number: 20190318
Justia Opinion Summary: Alton Johnson appealed a judgment denying his variance application. In the 1970s Johnson purchased land in Burlington, ND, and in 1973, opened an auto body shop. The auto body shop was zoned as a C-1 residential sometime…
Date: May 7, 2020
Citation: 2020 ND 101
Docket Number: 20190319
Justia Opinion Summary: Kevin Michel was convicted by jury of knowingly receiving stolen property. Jamestown Police began investigating theft of tires from Northwest Tire in October 2017. About ten months later, Thomas Melland and Andrew…
Date: May 7, 2020
Citation: 2020 ND 104
Docket Number: 20190322
Justia Opinion Summary: Thomas Lockhart appealed an order finding him in contempt, imposing a sanction requiring the forfeiture of $300,000 to Douglas Arnold and Thomas Arnold, and divesting him of any management rights in Trident Resources,…
Date: May 7, 2020
Citation: 2020 ND 90
Docket Number: 20190386
Justia Opinion Summary: Workforce Safety & Insurance (WSI) appealed a district court judgment affirming the administrative law judge’s (ALJ) order concluding Isai Avila was entitled to both the scheduled permanent partial impairment award for…
Date: May 7, 2020
Citation: 2020 ND 102
Docket Number: 20190389
Justia Opinion Summary: Larry Hewitt appealed a district court judgment affirming the North Dakota Department of Transportation’s revocation of his driving privileges. Hewitt claimed the Department’s hearing file was improperly admitted at the…
Date: May 7, 2020
Citation: 2020 ND 99
Docket Number: 20190405
Date: May 7, 2020
Citation: 2020 ND 91
Docket Number: 20200003
Justia Opinion Summary: The North Dakota Department of Transportation (Department) appealed the district court's reversing a hearing officer’s decision suspending Holden Kastet’s driving privileges for 365 days. The Department argued the…
Date: April 6, 2020
Citation: 2020 ND 79
Docket Number: 20190157
Justia Opinion Summary: Samantha Schweitzer appealed a district court order dismissing her petition for a child custody order. Schweitzer and Blake Miller have one child together, born in Wisconsin in 2014. Schweitzer had primary custody of the…
Date: April 6, 2020
Citation: 2020 ND 77
Docket Number: 20190201
Justia Opinion Summary: Wendy Willprecht appealed and Kevin Willprecht cross-appealed a judgment granting the parties a divorce, distributing the marital estate, awarding primary residential responsibility for the parties’ children, and…
Date: April 6, 2020
Citation: 2020 ND 75
Docket Number: 20190224
Justia Opinion Summary: This litigation involved a dispute over mineral interests located in Mountrail County, North Dakota, and other property owned by Vera Mitchell and her estate. Tarryl Joyce, as the estate's administrator, appealed a…
Date: April 6, 2020
Citation: 2020 ND 80
Docket Number: 20190282
Justia Opinion Summary: Russell Craig appealed a trial court's denial of his motion to withdraw his guilty plea to murder. In 2006, Craig was charged with murder. A year later, he was sentenced to life without the possibility of parole. Craig…
Date: April 6, 2020
Citation: 2020 ND 74
Docket Number: 20190290
Justia Opinion Summary: Jeffrey Krogstad was convicted by jury of gross sexual imposition on a six-year-old victim. Krogstad argued on appeal that: (1) admission of video of the victim’s forensic interview violated his Sixth Amendment right to…
Date: April 6, 2020
Citation: 2020 ND 74
Docket Number: 20190311
Justia Opinion Summary: Frank West appealed after he conditionally pled guilty to possession with intent to manufacture or deliver a controlled substance. West moved to suppress evidence alleging it was obtained during an unconstitutional…
Date: April 6, 2020
Citation: 2020 ND 76
Docket Number: 20190348
Justia Opinion Summary: Kyle Christianson appealed a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges. Christianson claimed the Department’s hearing file, which was…
Date: March 25, 2020
Citation: 2020 ND 73
Docket Number: 20190135
Justia Opinion Summary: North Star Mutual Insurance appealed a declaratory judgment holding that a commercial general liability policy it issued to Jayme Ackerman, doing business as Ackerman Homes, provided coverage for Ackerman’s potential…
Date: March 19, 2020
Citation: 2020 ND 70
Docket Number: 20180432
Justia Opinion Summary: Jason Martodam appealed an amended divorce judgment and an order denying his motions for contempt and to amend the amended judgment. After review, the North Dakota Supreme Court concluded the district court did not err…
Date: March 19, 2020
Citation: 2020 ND 67
Docket Number: 20190195
Justia Opinion Summary: Lakeview Excavating appealed a district court judgment dismissing its complaint against Dickey County and German Township (Defendants) for breach of contract, intentional fraud, and misrepresentation. In spring 2012, the…
Date: March 19, 2020
Citation: 2020 ND 65
Docket Number: 20190198
Justia Opinion Summary: Gary Haas, Brenda Haas, and the estate of Jenny Haas appealed a district court judgment dismissing their complaint against Hudson & Wylie LLP and its agents Terry Hudson, Doreen Hudson, and Luann Wiley. The Haases and…
Date: March 19, 2020
Citation: 2020 ND 68
Docket Number: 20190214
Justia Opinion Summary: Alex Eggleston appealed a district court’s amended judgment entered after a jury found him guilty of murder and possession of a firearm by a convicted felon. Eggleston argued there was insufficient evidence for the jury…
Date: March 19, 2020
Citation: 2020 ND 71
Docket Number: 20190240
Justia Opinion Summary: Rodney Hogen appealed an order denying his motion and an order terminating a trust. He argued on appeal he should have received additional funds from the Trust. Specifically, Rodney argued the district court’s previous…
Date: March 19, 2020
Citation: 2020 ND 63
Docket Number: 20190241
Justia Opinion Summary: Bullinger Enterprises, LLLP appealed a district court’s judgment dismissing Bullinger Enterprises’ claims against Howard Dahl, Brian Dahl, and Thor Iverson (collectively, the Dahls). Bullinger Enterprises was owned by…
Date: March 19, 2020
Citation: 2020 ND 62
Docket Number: 20190243
Justia Opinion Summary: Robert and Clare Messmer were married in 1984. During the marriage, Robert actively engaged in farming and ranching. Clare helped with the farming and ranching activities as well as working outside the home. Clare…
Date: March 19, 2020
Citation: 2020 ND 64
Docket Number: 20190249
Justia Opinion Summary: Big Pines, LLC, appealed from a district court order denying its “Motion for Award of Attorneys’ Fees and Costs.” Phoenix M.D., L.L.C., as landlord, entered into a lease agreement for real property with Biron D. Baker…
Date: March 19, 2020
Citation: 2020 ND 66
Docket Number: 20190273
Justia Opinion Summary: Mohamed Awad appealed a district court order denying his motion to withdraw his guilty plea to a charge of knowingly voting when not qualified to do so. On appeal, Awad argued the district court should have allowed him…
Date: March 19, 2020
Citation: 2020 ND 69
Docket Number: 20190305
Justia Opinion Summary: In early April 2019, Berthold Police Chief Allen Schmidt and Reserve Officer Greg Pinske stopped a car driven by Richard Cook for an unilluminated license plate. At the time of the stop, Pinske was not a licensed peace…
Date: March 19, 2020
Citation: 2020 ND 61
Docket Number: 20190043
Justia Opinion Summary: Lekemia D’Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. In 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to…
Date: March 19, 2020
Citation: 2020 ND 72
Docket Number: 20200015
Justia Opinion Summary: T.P.-G. appealed the termination of her parental rights. On appeal, T.P.-G. argued she was denied due process and the juvenile court erred by denying her request to appear by telephone. A petition for involuntary…
Date: March 3, 2020
Citation: 2020 ND 54
Docket Number: 20190227
Date: March 2, 2020
Citation: 2020 ND 53
Docket Number: 20190328
Justia Opinion Summary: The North Dakota Department of Transportation (NDDOT) appealed a district court’s judgment reversing an administrative hearing officer’s decision to revoke Carter Schulke’s driving privileges for a period of three years.…
Date: February 27, 2020
Citation: 2020 ND 47
Docket Number: 20190128
Justia Opinion Summary: North Star Water, LLC, provided water to oil drilling companies. In September 2014, North Star hired Northwest Grading, Inc., to construct an underground water pipeline from the Missouri River to North Star’s various…
Date: February 27, 2020
Citations: 2019 ND 304, 2020 ND 45
Docket Number: 20190179
Date: February 27, 2020
Citation: 2020 ND 48
Docket Number: 20190188
Justia Opinion Summary: Kelvin McAllister was convicted by jury of assault. On appeal to the North Dakota Supreme Court, McAllister claimed his right to an impartial jury was violated. He argued the district court erred when it denied various…
Date: February 27, 2020
Citation: 2020 ND 49
Docket Number: 20190197
Justia Opinion Summary: Janice and Robert Rieger appealed, and Lyle Ackerman and Kathleen Rub cross-appealed, a district court order directing the sale of real property owned by the Riegers, Ackerman, and Rub. Janice Rieger, Ackerman, and Rub…
Date: February 27, 2020
Citation: 2020 ND 50
Docket Number: 20190229
Justia Opinion Summary: Henry Marcum appealed following a bench trial found him guilty of a lesser included offense of possession of a controlled substance and possession of drug paraphernalia. On appeal, Marcum argued the district court erred…
Date: February 27, 2020
Citation: 2020 ND 52
Docket Number: 20190280
Justia Opinion Summary: The State alleged Ibrahim Ahmed Mohammed knocked on E.W.’s apartment door, and when she opened it, forced himself inside. He appealed after a bench trial found him guilty of gross sexual imposition, arguing the district…
Date: February 27, 2020
Citation: 2020 ND 51
Docket Number: 20190351
Justia Opinion Summary: Blain Ovind appealed after a jury found him guilty of two counts of construction fraud, two counts of acting as a contractor without a license, and one count of disobedience of a judicial order. On appeal, Ovind argued…
Date: February 27, 2020
Citation: 2020 ND 46
Docket Number: 20190369
Justia Opinion Summary: Ronald Smithberg petitioned the North Dakota Supreme Court for a supervisory writ following the district court’s denial of his demand for a jury trial. Ronald, Gary, and James Smithberg were brothers who were…
Date: February 12, 2020
Citation: 2020 ND 37
Docket Number: 20190079
Justia Opinion Summary: Mandie Le Ekstrom appealed after a jury found her guilty of driving under the influence. After review, the North Dakota Supreme Court concluded the district court did not err in denying her motion to dismiss on state and…
Date: February 12, 2020
Citation: 2020 ND 42
Docket Number: 20190106
Justia Opinion Summary: Jason Stevenson appeals a district court judgment awarding Rhonda Biffert primary residential responsibility of the parties’ minor child. The judgment also ordered a sale of the parties’ house and ordered Stevenson to…
Date: February 12, 2020
Citation: 2020 ND 40
Docket Number: 20190151
Justia Opinion Summary: Kyle Vetter appealed from a district court judgment awarding primary residential responsibility of the parties’ minor daughter, B.L.V., to Michelle Vetter and dividing the parties’ assets and debts. On appeal, Kyle…
Date: February 12, 2020
Citation: 2020 ND 34
Docket Number: 20190164
Justia Opinion Summary: Branden Lyon appealed from an amended criminal judgment sentencing him to life imprisonment with the possibility of parole. In October 2015, Lyon was charged with attempted murder, terrorizing, terrorizing-domestic…
Date: February 12, 2020
Citation: 2020 ND 41
Docket Number: 20190167
Justia Opinion Summary: The State charged Nicholas Gratton after an incident occurred in December 2018. He was charged with simple assault–domestic violence, terrorizing–domestic violence, theft of property, and unlawful possession of drug…
Date: February 12, 2020
Citation: 2020 ND 38
Docket Number: 20190173
Justia Opinion Summary: Lansana Sah appealed after a jury found him guilty of gross sexual imposition and child abuse following denial of a motion for new trial. In 2017, an eleven year old middle school student disclosed to a counselor she and…
Date: February 12, 2020
Citation: 2020 ND 30
Docket Number: 20190174
Justia Opinion Summary: Ross Thomas appealed after a jury found him guilty of felonious restraint. In February 2017, the State charged Thomas with aggravated assault, felonious restraint, terrorizing, and reckless endangerment. The case…
Date: February 12, 2020
Citation: 2020 ND 36
Docket Number: 20190187
Justia Opinion Summary: Jill Carlson appealed a district court judgment awarding Royce Carlson primary residential responsibility and decision-making authority over daycare/afterschool provider decisions and non-emergency medical decisions of…
Date: February 12, 2020
Citation: 2020 ND 35
Docket Number: 20190202
Justia Opinion Summary: Cheryl Reese appealed an amended judgment entered after the district court granted summary judgment deciding ownership of certain mineral interests and the right to receive the mineral royalties and bonus payments. In…
Date: February 12, 2020
Citation: 2020 ND 33
Docket Number: 20190215
Justia Opinion Summary: Mark Pagenkopf appealed a district court’s amended criminal judgment awarding restitution. In March 2019, Pagenkopf pleaded guilty to unlawful entry into a vehicle and theft of property under $500. In October 2018,…
Date: February 12, 2020
Citation: 2020 ND 32
Docket Number: 20190239
Justia Opinion Summary: Zachary Beck appealed the denial of his request for relief from a judgment awarding damages to Hustle Proof Corporation and Chinedu Ilogu (Hustle Proof). Hustle Proof sued Beck and his manager, Ryan Matthews, alleging a…
Date: February 12, 2020
Citation: 2020 ND 39
Docket Number: 20190293
Justia Opinion Summary: The North Dakota Department of Transportation (NDDOT) appealed a district court judgment reversing an administrative hearing officer’s decision to revoke Kyle Ouradnik’s driving privileges for a period of 91 days. The…
Date: February 12, 2020
Citation: 2020 ND 31
Docket Number: 20190321
Justia Opinion Summary: Randy Jensen appealed a district court order denying his motion to correct an illegal sentence. Because the North Dakota Supreme Court determined Jensen was not given seven days to respond to the State’s answer brief…
Date: February 4, 2020
Citation: 2020 ND 28
Docket Number: 20190392
Date: January 29, 2020
Citation: 2020 ND 27
Docket Number: 20190180
Justia Opinion Summary: Glenvin Albrecht (“Glen”) appealed judgment entered in favor of the Estate of Sharleen Albrecht (“Estate”) regarding certain assets in which he had an ownership interest. In February 2010, Glen sued Sharleen for divorce…
Date: January 29, 2020
Citation: 2020 ND 26
Docket Number: 20190221
Justia Opinion Summary: Gerald Aftem and Aftem Lake Developments Inc. (Aftem) appealed a district court judgment dismissing its lawsuit against the Riverview Homeowners Association. In 1998, Aftem purchased 10.69 acres of real property in…
Date: January 28, 2020
Citation: 2020 ND 25
Docket Number: 20190144
Justia Opinion Summary: Corey Wickham was working as a rideshare driver when he allegedly stopped a passenger from exiting his automobile, kissed her on the mouth, put his hands down her pants, digitally penetrated her, and touched her breasts.…
Date: January 27, 2020
Citation: 2020 ND 24
Docket Number: 20190096
Justia Opinion Summary: Mark Krebsbach appeals a district court judgment dismissing his lawsuit against Trinity Hospital relating to medical services provided to his wife. Krystal Krebsbach died in June 2016. In September 2013 she was diagnosed…
Date: January 23, 2020
Citation: 2020 ND 22
Docket Number: 20180330
Justia Opinion Summary: In consolidated appeals, garnishees N.Starr, LLC; Lee Finstad; and Jeff Trosen appealed from a Grand Forks County, North Dakota district court order dismissing their counterclaims in a garnishment proceeding, and…
Date: January 23, 2020
Citation: 2020 ND 13
Docket Number: 20190058
Justia Opinion Summary: Alexander Lail appealed from a criminal judgment entered upon a jury verdict finding him guilty of two counts of attempted murder. Lail argued there was insufficient evidence to support the guilty verdicts. Finding no…
Date: January 23, 2020
Citations: 2019 ND 299, 2020 ND 18
Docket Number: 20190094
Justia Opinion Summary: Matthew and SummerLee Thomas were married in 2008 and had two children, H.M.T. and C.M.T. In 2018, a divorce was initiated and following trial in February 2019, the district court issued a judgment, granting the parties…
Date: January 23, 2020
Citation: 2020 ND 20
Docket Number: 20190099
Justia Opinion Summary: Gene Hondl appealed from an order that granted the State’s motion to dismiss his “motion for writ of replevin” and dismissed his case with prejudice. On January 23, 2019, Hondl filed a “motion for writ of replevin” to…
Date: January 23, 2020
Citation: 2020 ND 23
Docket Number: 20190117
Justia Opinion Summary: Dylan Devore appealed summary judgments dismissing his negligence and gross negligence claims against defendants American Eagle Energy Corporation, Integrated Petroleum Technologies, Inc. (“IPT”), and Brian Barony.…
Date: January 23, 2020
Citation: 2020 ND 12
Docket Number: 20190127
Justia Opinion Summary: Minn-Kota Ag. Products, Inc. appealed a district court order dismissing Minn-Kota’s appeal of findings of fact, conclusions of law and order issued by the North Dakota Public Service Commission (PSC) for lack of standing…
Date: January 23, 2020
Citation: 2020 ND 6
Docket Number: 20190140
Justia Opinion Summary: Michael and Bonita McDougall appealed a judgment dismissing their deceit and unjust enrichment claims against AgCountry Farm Credit Services, PCA and granting summary judgment in favor of AgCountry on its claims to…
Date: January 23, 2020
Citation: 2020 ND 11
Docket Number: 20190145
Justia Opinion Summary: Chris and Anna Cook were divorced in 2016 under the terms of a stipulated judgment which awarded Anna residential responsibility for their minor children and granted Chris parenting time subject to certain conditions.…
Date: January 23, 2020
Citation: 2020 ND 17
Docket Number: 20190152
Justia Opinion Summary: Blaine Konkel appealed an amended judgment entered after the district court denied his request to modify his parenting time with the child he has with Courtney Amb, and clarified the location of the parenting time…
Date: January 23, 2020
Citation: 2020 ND 21
Docket Number: 20190154
Justia Opinion Summary: David Mondragon appeals from conditional pleas of guilty to gross sexual imposition and sexual assault. The State filed an information charging Mondragon with class A felony gross sexual imposition and two counts of…
Date: January 23, 2020
Citation: 2020 ND 15
Docket Number: 20190194
Justia Opinion Summary: Jim Wallitsch appeals from the amended judgment arguing the district court erred by not giving an instruction regarding a statement made by a potential juror during voir dire. Wallitsch was charged with aggravated…
Date: January 23, 2020
Citation: 2020 ND 5
Docket Number: 20190226
Justia Opinion Summary: James Aldinger appeals from a second amended judgment modifying his child support obligation for the child he has with Marcella Aldinger. In October 2010 the amended judgment was entered, ordering James to pay $427 in…
Date: January 23, 2020
Citation: 2020 ND 9
Docket Number: 20190230
Justia Opinion Summary: Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto…
Date: January 23, 2020
Citation: 2020 ND 19
Docket Number: 20190234
Justia Opinion Summary: Rodney Chisholm appeals from a district court order summarily dismissing his application for postconviction relief. Chisholm was convicted of murder in 2011 and sentenced to 30 years’ imprisonment. Chisholm filed his…
Date: January 23, 2020
Citation: 2020 ND 16
Docket Number: 20190246
Justia Opinion Summary: Craig Hauer appealed the dismissal of complaint seeking reformation of a deed to secure hunting access to property he had conveyed to Kurt and Lois Zerr. In 2013, Hauer sold land to the Zerrs. The parties’ contract and…
Date: January 23, 2020
Citation: 2020 ND 10
Docket Number: 20190250
Justia Opinion Summary: Nicholas Reineke appeals a district court judgment affirming the administrative hearing officer’s decision to suspend his driver’s license for 365 days. Reineke was arrested for driving under the influence of…
Date: January 23, 2020
Citation: 2020 ND 14
Docket Number: 20190252
Justia Opinion Summary: Workforce Safety and Insurance (WSI) appealed a district court judgment reversing an Administrative Law Judge's (ALJ) confirmation of a prior order of WSI. In 2014, Ellis began receiving partial disability benefits. In…
Date: January 23, 2020
Citation: 2020 ND 8
Docket Number: 20190261
Justia Opinion Summary: Warren Runyan appealed a judgment granting Heather Presswood’s request for divorce while reserving division of the parties’ property and allocation of the parties’ debt. Runyan argued the district court erred in granting…
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