North Dakota Supreme Court Decisions 2020

Nat'l Parks Conservation Assn., et al. v. ND Dept. of Env. Quality, et al.  
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 Secti...

Avery v. Boysen  
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 Boysen...

Wisnewski v. Wisnewski  
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 argue...

North Dakota v. James  
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...

Zundel v. Zundel, et al.  
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...

Dale Exploration, et al. v. Hiepler, et al.  
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...

State v. Kuntz
Date: June 29, 2020
Citation: 2020 ND 149
Docket Number: 20190365
Truelove v. North Dakota  
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 clai...

Brown v. Brown  
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 pe...

State v. Blake
Date: June 29, 2020
Citation: 2020 ND 139
Docket Number: 20190394
North Dakota v. Harstad  
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 d...

Lavallie v. Jay, et al.  
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...

Kremer v. North Dakota  
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...

Kalmio v. State
Date: June 29, 2020
Citation: 2020 ND 141
Docket Number: 20200011
Poole v. State
Date: June 29, 2020
Citation: 2020 ND 138
Docket Number: 20200012
Grove v. NDDOT  
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 alcoh...

Franciere v. City of Mandan  
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 M...

State v. Bethancorth
Date: June 29, 2020
Citation: 2020 ND 133
Docket Number: 20200020
Oien v. State
Date: June 29, 2020
Citation: 2020 ND 134
Docket Number: 20200030
North Dakota v. Pouliot  
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 t...

Stoneart OFS LLC, et al. v. WSI
Date: June 29, 2020
Citation: 2020 ND 137
Docket Number: 20200063
Nelson, et al. v. Nelson  
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...

Matter of Emelia Hirsch Trust
Date: June 8, 2020
Citation: 2020 ND 129
Docket Number: 20200047
Estate of Sande  
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...

North Dakota v. McGowen  
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...

Sims v. Sims  
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,...

Gerving v. Gerving  
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...

North Dakota v. Yoney  
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 ....

Rustad v. Baumgartner  
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., b...

Voigt v. Nelson  
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...

Axtman v. Axtman  
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 pe...

Dellinger v. Wolf, et al.  
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 wa...

North Dakota v. Washington  
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...

North Dakota v. Powley  
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 Pow...

North Dakota v. Soucy  
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...

State v. Mooney
Date: June 2, 2020
Citation: 2020 ND 127
Docket Number: 20190333
Davies v. State
Date: June 2, 2020
Citation: 2020 ND 128
Docket Numbers: 20190340, 20190341, 20190342
Horvath v. State
Date: June 2, 2020
Citation: 2020 ND 109
Docket Number: 20190344
North Dakota v. Selzler  
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 s...

State v. Stenbak
Date: June 2, 2020
Citation: 2020 ND 122
Docket Number: 20190401
Thiel v. Thiel
Date: June 2, 2020
Citation: 2020 ND 111
Docket Number: 20200002
Morales v. State
Date: June 2, 2020
Citation: 2020 ND 117
Docket Number: 20200019
Kling v. NDDOT
Date: June 2, 2020
Citation: 2020 ND 115
Docket Number: 20200024
Traynor Law Firm v. North Dakota, et al.  
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...

Jacobs-Raak v. Raak, et al.  
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 modifyi...

Albrecht v. Albrecht, et al.  
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 Sharle...

North Dakota v. Kolstad  
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...

Shadow Industries, LLP v. Hoffman, et al.  
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 agreeme...

Brossart, et al. v. Janke, et al.  
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 defen...

Schwindt v. Sorel  
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...

Feltman, et al. v. Gaustad, et al.  
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 summ...

North Dakota v. Wayland  
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...

Dodge v. North Dakota  
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,...

North Dakota v. Dahl  
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...

North Dakota v. Foster  
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 bec...

State v. Darji
Date: May 7, 2020
Citation: 2020 ND 94
Docket Number: 20190303
C & K Consulting v. Ward County Board of Commissioners  
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 th...

Johnson v. City of Burlington  
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...

North Dakota v. Michel  
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 Heckel...

Arnold, et al. v. Trident Resources, et al.  
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, LL...

Rath v. Rath
Date: May 7, 2020
Citation: 2020 ND 96
Docket Number: 20190330
State v. Helmenstein
Date: May 7, 2020
Citation: 2020 ND 95
Docket Number: 20190336
State v. Burow
Date: May 7, 2020
Citation: 2020 ND 88
Docket Number: 20190382
WSI v. Avila, et al.  
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 v...

Hewitt v. NDDOT  
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...

New Freedom Center v. Job Service, et al.
Date: May 7, 2020
Citation: 2020 ND 99
Docket Number: 20190405
Kastet v. NDDOT  
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 hearin...

Decker v. WSI, et al.
Date: May 7, 2020
Citation: 2020 ND 103
Docket Number: 20200014
Interest of M.M.
Date: May 7, 2020
Citation: 2020 ND 82
Docket Number: 20200054
Interest of A.T.
Date: May 7, 2020
Citation: 2020 ND 86
Docket Number: 20200092
Interest of F.M.G.
Date: May 7, 2020
Citation: 2020 ND 84
Docket Number: 20200094
Schweitzer v. Miller  
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...

Willprecht v. Willprecht  
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 orderin...

Joyce v. Joyce  
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 distr...

North Dakota v. Craig  
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 t...

North Dakota v. Krogstad  
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...

North Dakota v. West  
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 searc...

Christianson v. NDDOT  
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 admitte...

North Star Mutual Insurance v. Ackerman, et al.  
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 lia...

Martodam v. Martodam  
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 i...

Caster v. State
Date: March 19, 2020
Citations: 2019 ND 187, 2020 ND 56
Docket Number: 20190043
Carlson v. Carlson
Date: March 19, 2020
Citations: 2020 ND 36, 2020 ND 57
Docket Number: 20190187
Lakeview Excavating, Inc. v. Dickey County, et al.  
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...

Haas, et al. v. Hudson & Wylie LLP, et al.  
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 Hu...

North Dakota v. Eggleston  
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...

Matter of Hogen Trust B  
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 o...

Bullinger Enterprises v. Dahl, et al.  
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 Mi...

Messmer v. Messmer  
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 initia...

Big Pines v. Baker, et al.  
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 Fa...

North Dakota v. Awad  
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 t...

Sapa, et al. v. Lofthus
Date: March 19, 2020
Citation: 2020 ND 58
Docket Number: 20190283
North Dakota v. Cook  
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 o...

Wasley v. WSI, et al.
Date: March 19, 2020
Citation: 2020 ND 59
Docket Number: 20190350
Caster v. North Dakota  
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 eighte...

Interest of A.P.D.S.P.-G.  
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 termina...

Interest of R.S.
Date: March 19, 2020
Citation: 2020 ND 60
Docket Number: 20200045
Interest of D.M.D.
Date: March 4, 2020
Citation: 2020 ND 55
Docket Number: 20190299
Northern States Power v. Mikkelson, et al.
Date: March 3, 2020
Citation: 2020 ND 54
Docket Number: 20190227
Schulke v. NDDOT  
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....

Northwest Grading, Inc. v. North Star Water, LLC, et al.  
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 pum...

Interest of G.L.D.
Date: February 27, 2020
Citations: 2019 ND 304, 2020 ND 45
Docket Number: 20190179
North Dakota v. McAllister  
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 c...

Rieger v. Ackerman, et al.  
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 o...

North Dakota v. Marcum  
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...

State v. Benson
Date: February 27, 2020
Citation: 2020 ND 43
Docket Number: 20190278
North Dakota v. Mohammed  
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...

North Dakota v. Ovind  
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 t...

Smithberg v. Jacobson, et al.  
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 shareholder...

Interest of E.K.
Date: February 27, 2020
Citation: 2020 ND 44
Docket Number: 20200034
City of West Fargo v. Ekstrom  
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...

Stevenson v. Biffert  
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 pa...

Vetter v. Vetter  
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 argue...

North Dakota v. Lyon  
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 viole...

North Dakota v. Gratton  
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 para...

North Dakota v. Sah  
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...

North Dakota v. Thomas  
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 proceed...

Carlson v. Carlson  
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 t...

Reese v. Reese-Young  
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 20...

State v. Brown
Date: February 12, 2020
Citation: 2020 ND 29
Docket Number: 20190206
North Dakota v. Pagenkopf  
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, Pagen...

Hustle Proof, et al. v. Matthews, et al.  
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...

Ouradnik v. N.D. Dept. of Transportation  
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 ND...

North Dakota v. Jensen  
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 und...

Vacancy in Judgeship No. 5, East Central Judicial District
Date: February 4, 2020
Citation: 2020 ND 28
Docket Number: 20190392
Estate of Albrecht  
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...

Aftem Lake Developments Inc. v. Riverview Homeowners Assoc.  
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 Mount...

North Dakota v. Wickham  
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....

Krebsbach, et al. v. Trinity Hospitals, Inc., et al.  
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...

PHI Financial Services v. Johnston Law Office, et al.  
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 Johnsto...

Chatman v. State
Date: January 23, 2020
Citation: 2020 ND 1
Docket Number: 20180425
North Dakota v. Lail  
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 re...

Thomas v. Thomas  
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...

Hondl v. State, et al.  
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 th...

Devore v. American Eagle Energy Corporation, et al.  
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. Devor...

Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al.  
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...

McDougall, et al. v. AgCountry Farm Credit Services, PCA, et al.  
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 enfor...

Cook v. Cook  
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. Ch...

Konkel v. Amb  
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 exchan...

North Dakota v. Mondragon  
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 clas...

Friesz v. State
Date: January 23, 2020
Citation: 2020 ND 2
Docket Number: 20190178
North Dakota v. Wallitsch  
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 assaul...

Behm v. Behm
Date: January 23, 2020
Citation: 2020 ND 4
Docket Number: 20190207
Jarvis v. WSI
Date: January 23, 2020
Citation: 2020 ND 7
Docket Number: 20190218
Aldinger v. Aldinger  
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 c...

Gustafson v. Poitra, et al.  
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...

Chisholm v. North Dakota  
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 fir...

Hauer v. Zerr, et al.  
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 d...

Reineke v. N.D. Dept. of Transportation  
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 intoxicatin...

Ellis v. WSI  
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 2...

Presswood v. Runyan  
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...

Gabel v. Thompson
Date: January 23, 2020
Citation: 2020 ND 3
Docket Number: 20190295
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