North Dakota Supreme Court Decisions 2021

Justia Opinion Summary: Christopher Kjelgren appealed a district court judgment entered in favor of Cavare, Inc., and the subsequent order denying his motion for relief from the judgment. In 2017, Cavare, Inc. (also referred to as “Cavare USA”)…

Justia Opinion Summary: Eugene Taszarek, Marlys Taszarek, Trina Schilling, Steven Taszarek, and Michael Taszarek (“Taszareks”) appealed a judgment finding Lakeview Excavating, Inc., was not the alter ego of Brian Welken. Welken was Lakeview…

Justia Opinion Summary: Defendants William Grommesh and Jon Pansch appealed the grant of summary judgment in favor of American Federal Bank in its action to enforce four guaranties. The defendants argued the district court erred in granting…

Justia Opinion Summary: Michael Knoke appealed an order civilly committing him as a sexually dangerous individual. The North Dakota Supreme Court concluded the district court erred by ordering Knoke’s commitment without determining it he had…

Justia Opinion Summary: Scott Smith and Kristen Hackmann, co-personal representatives of William Smith’s estate, appealed a February 17, 2021 order denying their post-judgment motions and granting Charlene and LeeAllen Smith’s motion to enforce…

Justia Opinion Summary: John Bridges appealed a district court order denying his applications for postconviction relief. In 2012, Bridges pleaded guilty to murder and kidnapping. The district court sentenced him to life in prison without…

Justia Opinion Summary: Joshua Roberts appealed a judgment finding him guilty of conspiracy to deliver a controlled substance, fentanyl. Roberts argued there was insufficient evidence to corroborate the testimony of an accomplice, and the jury…

Justia Opinion Summary: The State appealed a district court order dismissing a charge of class C felony unlawful possession of drug paraphernalia against Damian Carrillo for lack of probable cause. The State charged Carrillo with felony…

Justia Opinion Summary: Joseph Motisi appealed a district court order and judgment denying his petition for writ of mandamus. Hebron Public School District employed Motisi as a teacher during the 2019-20 and 2020-21 school years. Prior to his…

Justia Opinion Summary: Allison Houkom appealed after she was found guilty of giving false information to a law enforcement officer. In 2019, Officer Matt Oldham of the West Fargo Police Department attempted to serve a warrant on a male at a…

Justia Opinion Summary: The State of North Dakota appealed an amended judgment entered after the district court modified Bradley Neilan’s sentence under North Dakota Rule of Criminal Procedure 35(b). In 2019, Neilan was arrested for possession…

Justia Opinion Summary: Leland Swanson appealed a judgment dismissing his breach of contract and professional negligence claims against Mark Larson and Mark Larson, CPA, PLLC. In 2017, Swanson hired Larson to provide a forensic accounting of…

Justia Opinion Summary: Len Vannett appealed an amended criminal judgment entered after his conditional guilty plea for actual physical control of a vehicle while under the influence of alcohol. He argued the arresting officer lacked reasonable…

Justia Opinion Summary: S.J.H. appealed a district court order granting the State’s motion for sanctions against him for failure to obey a court order for genetic testing and from a default judgment ordering him to pay child support. The North…

Justia Opinion Summary: The State appealed a district court order dismissing without prejudice charges of criminal trespass, burglary, and theft of property against Joseph Brown. With the exception of criminal mischief, all charges were class C…

Justia Opinion Summary: Michael Jon McCreary appealed after a jury found him guilty of aggravated assault with a dangerous weapon. On April 6, 2019, McCreary was attending an event at a hotel in Williston, North Dakota. J.P., the victim, was…

Justia Opinion Summary: Chad Quamme appealed a divorce judgment, arguing the district court erred when it calculated child support and when it awarded Ashley Quamme spousal support. After review, the North Dakota Supreme Court reversed the…

Justia Opinion Summary: Richard Anderson and Priscilla Iakel-Garcia married in 2008 and had one child. In November 2019, Iakel-Garcia filed for divorce. In November 2020, a bench trial was held by reliable electronic means. Richard appealed the…

Justia Opinion Summary: Cliff Boldt appealed a divorce judgment, arguing the district court erred when it awarded Heidi Boldt primary residential responsibility of the parties’ minor children. He argued the court’s analysis of the best interest…

Justia Opinion Summary: Jason and Andrea Alm appealed a district court order denying grandparent visitation, arguing the district court erred in finding they did not meet the statutory requirements for nonparent visitation. The Alms were the…

Justia Opinion Summary: Tioga Properties, LLC, appealed a district court judgment awarding Wades Welding, LLC $27,669.90 relating to Wades Welding’s lawsuit for enforcement of construction liens and unjust enrichment. Janice Ellsworth owned…

Justia Opinion Summary: DCI Credit Services, Inc. (“DCI”) appealed a district court’s order denying its request to vacate the order granting summary judgment and awarding costs and attorney’s fees to Nicholas Plemper. DCI also appealed the…

Justia Opinion Summary: L.D., father of A.D., appeals a juvenile court order granting a guardianship for A.D. The father argued the court erred by finding A.D. to be a deprived child and failing to address the best interest factors and make an…

Justia Opinion Summary: Lorry Van Chase appealed a district court order summarily denying his application for postconviction relief. In 2014, a jury convicted Chase of gross sexual imposition. He appealed and the conviction was affirmed. In…

Justia Opinion Summary: The State appealed a district court order dismissing a felony charge of unlawful possession of drug paraphernalia for lack of probable cause. The State charged Dylan Nupdal with unlawful possession of drug paraphernalia…

Justia Opinion Summary: Henry H. Behle IV appealed the grant of summary judgment and award of attorney’s fees in favor of Darren Harr as personal representative of the Estate of Henry L. Behle. Behle filed a petition asking the district court…

Justia Opinion Summary: Michael Brewer appealed his sentence on charges of terrorizing, simple assault on a peace officer, preventing arrest, disarming or attempting to disarm a law enforcement officer, simple assault, and criminal mischief. He…

Justia Opinion Summary: Russell Craig appealed the summary dismissal of his motion for postconviction relief based on res judicata. Craig pleaded guilty to murder in 2007 and was sentenced to life with the possibility of parole. Craig initiated…

Justia Opinion Summary: Michael J. Tharaldson executed an “Irrevocable Trust Agreement” on February 14, 2007. The trust named State Bank & Trust (now known as Bell Bank), as trustee. On October 3, 2011, Tharaldson executed an “Irrevocable Trust…

Justia Opinion Summary: Benjamin Suelzle was convicted by jury on one count of being in actual physical control of a motor vehicle while under the influence, and one count of refusal to submit to blood alcohol testing. On appeal, Suelzle argued…

Justia Opinion Summary: Henry H. Behle IV appealed the grant of summary judgment in favor of Darren Harr as the personal representative of the Estate of Henry L. Behle. The district court held Behle’s claims against the Estate concerning two…

Justia Opinion Summary: J.H. appealed a trial court's order and findings of fact denying his petition to remove T.F. as guardian of M.H., appoint himself as guardian, and remove contact restrictions T.F. placed on his contact with M.H. On…

Justia Opinion Summary: Wyatt Kukert appealed a district court judgment entered after he conditionally pled guilty to gross sexual imposition. Kukert argued on appeal that the trial court erred by denying his motions to dismiss and suppress.…

Justia Opinion Summary: James Kremer appealed dismissing his application for postconviction relief. In February 2016, Kremer pled guilty to three counts of possession of certain materials prohibited. He filed an appeal to the North Dakota…

Justia Opinion Summary: A.S. appealed a juvenile court's judgment and order terminating her parental rights to her child, A.S.F. A.S. was appointed counsel when the State petitioned for involuntary termination of her parental rights. The trial…

Justia Opinion Summary: Nicole Kunz (formerly, Slappy) appealed a third amended judgment modifying her primary residential responsibility for the parties’ minor child, M.S., and granting Jermece Slappy equal residential responsibility. Kunz…

Justia Opinion Summary: Alfredo Deleon, Jr. appealed his conviction for possession of certain materials prohibited. In February 2020, Deleon was charged with one count gross sexual imposition, and one count of possession of certain materials…

Justia Opinion Summary: Tonya Kerzmann appealed a district court’s denial of her request for an evidentiary hearing on her motion for a change in primary residential responsibility. After review, the North Dakota Supreme Court concluded…

Justia Opinion Summary: LeRoy Wheeler appealed a district court order denying his applications for postconviction relief. In 2005, Wheeler was convicted of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the…

Justia Opinion Summary: RTS Shearing, LLC (“RTS”) appealed the dismissal of its action with prejudice after the district court granted summary judgment in favor of the defendant BNI Coal, Ltd. (“BNI”). RTS provided rock crushing services for…

Justia Opinion Summary: Dylan Marsolek appealed a criminal judgment entered after he conditionally pled guilty to possession of controlled substances and drug paraphernalia. Marsolek, a passenger in a vehicle involved in a traffic stop, argued…

Justia Opinion Summary: Plaintiffs Galvanizers, Inc., and K and K Construction and Repair, Inc., appealed the dismissal of their action against Paul Kautzman seeking to quiet title to real property. Plaintiffs argued the district court erred in…

Justia Opinion Summary: Bonnie Lynn Nygaard appealed after her conditional plea to refusing to take a chemical breath test was accepted. In the early morning of March 8, 2020, Stutsman County Sheriff Deputy Brian Davis conducted a traffic stop…

Justia Opinion Summary: Ross Thomas appeals from a district court order denying his application for postconviction relief. In 2017, the State charged Thomas with felonious restraint, terrorizing, aggravated assault, and reckless endangerment. A…

Justia Opinion Summary: Phillip Armstrong appealed a judgment adjudicating ownership of interests in an oil and gas lease and the parties’ claims to revenue proceeds from production on those interests. Continental Resources operated wells…

Justia Opinion Summary: Workforce Safety and Insurance (WSI) appealed a district court order and judgment affirming an administrative law judge’s (ALJ) order reversing a WSI order. The reversed WSI order had determined Badger Roustabouts was an…

Justia Opinion Summary: Cruz Muscha appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. On appeal, Muscha argued the district court’s factual basis was insufficient to…

Justia Opinion Summary: J.B. appealed a juvenile court order terminating her parental rights to her two children. She argued there was not evidence beyond a reasonable doubt to support the court’s determination under the Indian Child Welfare…

Justia Opinion Summary: Steve and Russell Hartman, as personal representatives of the estate of Ray Hartman (the “Estate”), appealed an amended judgment entered after a bench trial. The Estate argued Ray lacked the capacity to contract, no…

Justia Opinion Summary: Darin Johnson appealed after a jury found him guilty of terrorizing under N.D.C.C. 12.1-17-04. The North Dakota Supreme Court rejected Johnson’s invitation to create an exception to N.D.C.C. 12.1-17-04 when the unlawful…

Justia Opinion Summary: Continental Resources, Inc. (“Continental”) appeals from a district court amended order denying its motion to intervene in this proceeding. P&P Industries, LLC I (“P&P”), a foreign limited liability company, initially…

Justia Opinion Summary: Mathew Finch appealed a district court order related to the administration of the Estate of Janel Finch (“Estate”). Finch argued the court erred in granting Christine Binstock’s petition to remove Finch as a co-personal…

Justia Opinion Summary: Thomas Pinkney appealed a district court order granting summary dismissal of his post-conviction relief application. In 2015, Pinkney pleaded guilty to gross sexual imposition, a class A felony, and was sentenced. He…

Justia Opinion Summary: Michael Boger appealed after entering a conditional guilty plea to driving under the influence, a third offense in seven years. Boger argued the district court erred in denying his motion to suppress evidence because…

Justia Opinion Summary: Brett Lyman appealed after a jury found him guilty of driving with a blood-alcohol content greater than .08%. He argued the district court abused its discretion by admitting into evidence his blood test results without…

Justia Opinion Summary: James Dubois, Jr. appealed an order denying his application for post-conviction relief, arguing he received ineffective assistance of counsel, his plea was not knowing, voluntary and intelligent, and his sentence was…

Justia Opinion Summary: Edwin Schulz appealed a judgment following a bench trial on the damages to his barn, pole barn and shed. Schulz sued Adam Helmers for negligence and breach of contract following a fire that destroyed the barn, pole barn…

Justia Opinion Summary: Lorne Jay appealed a district court judgment ordering Jay pay Lawrence Lavallie $946,421.76. Lavallie commenced this personal injury action after he was involved in a motor vehicle accident with Jay and Michael Charette.…

Justia Opinion Summary: This appeal arose from a district court order affirming the North Dakota Department of Human Services’ determination that Harold Ring was ineligible for Medicaid. In Ring v. North Dakota Department of Human Services,…

Justia Opinion Summary: Tim Dwyer Jr. appeals an amended judgment deciding his claims against Margaret Sell and John Dwyer as co-trustees of the Tim Dwyer Farm Trust. The co-trustees and Jane Dwyer Morgan and Barbara Dwyer Rice, as…

Justia Opinion Summary: Michael and Mindy Zepeda appealed a district court judgment dismissing their claims for failure to prosecute and the denial of their post-judgment request to alter or amend the judgment. On November 25, 2013, Michael and…

Justia Opinion Summary: The State appealed a district court order granting Elizabeth Cochran’s motion to suppress evidence. The State argued the court erred in finding that a room used by Cochran, in a residence she shared with her son, was not…

Justia Opinion Summary: Tyson Lerfald appealed a district court order denying his motion to modify his child support obligation and the parenting time provisions of the amended judgment. Lerfald argued the district court erred by denying his…

Justia Opinion Summary: Daniel and Debra Bearce appealed the district court’s grant of summary judgment in favor of Yellowstone Energy Development, LLC. In June 2006, representatives of a business entity that would eventually become Yellowstone…

Justia Opinion Summary: Dennis Roehrich appealed after a jury found him guilty of harassment. In May 2019, the City of Fargo charged Roehrich with harassment, alleging Roehrich made numerous vulgar and harassing telephone calls and left…

Justia Opinion Summary: North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment reversing an administrative order sustaining a WSI order denying Bruce Bahmiller’s claim for workers’ compensation benefits. After…

Justia Opinion Summary: Rebecca Benjamin appealed an order denying her motions for interim relief and to modify primary residential responsibility. The North Dakota Supreme Court affirmed, concluding the district court did not err in…

Justia Opinion Summary: Yaasin Isxaaq appealed a district court order denying his applications for post-conviction relief, in which he sought to withdraw his guilty pleas in three underlying criminal cases. Isxaaq was charged with theft in June…

Justia Opinion Summary: In July 2018, Leanne Hoff Bilger sued Joshua Bilger for legal separation. Bilger executed an admission of service, acknowledging he received the summons and complaint, settlement agreement and an exhibit relating to…

Justia Opinion Summary: Nicholas Froehlich appealed an amended judgment entered on September 7, 2018, and an interim order entered on August 25, 2020. Because the appeal of the amended judgment was untimely and the interim order was not an…

Justia Opinion Summary: In August 2017, the City of West Fargo passed a resolution determining it was necessary to construct a sewer improvement project. The project consisted of the design and installation of two sewer pipes between West Fargo…

Justia Opinion Summary: Travis Yoney appealed a district court order summarily dismissing his application for postconviction relief. He argued he received ineffective assistance of counsel because his attorney’s proposed jury instructions for…

Justia Opinion Summary: Jennifer Williams appealed a second amended divorce judgment, arguing the district court failed to make findings supporting its modification of parenting time. She also contended the court erred when it terminated a…

Justia Opinion Summary: Michael Stands was convicted by jury of possession with intent to manufacture or distribute methamphetamine. Stands argued on appeal he was seized in violation of the Fourth Amendment to the United States Constitution…

Justia Opinion Summary: North Dakota petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to vacate certain orders allowing representation during a…

Justia Opinion Summary: The State appealed an order suppressing evidence obtained from a warrantless search of Nicholas Lelm’s backpack. In 2019, a City of Mandan Police Officer initiated a traffic stop of a vehicle with two occupants, a driver…

Justia Opinion Summary: Alex Eggleston appealed a district court’s amended criminal judgment entered following a jury verdict finding him guilty of murder and possession of a firearm by a convicted felon. Eggleston argued his sentence was…

Justia Opinion Summary: Justin Fisketjon appealed a judgment determining primary residential responsibility of the parties’ minor child and awarding child support. Fisketjon claimed the district court improperly included his roommate’s share of…

Justia Opinion Summary: Randy Jensen appealed a district court order denying his request to vacate the judgment and seek dismissal of the prosecution. In 2017, the North Dakota charged Jensen with possession of controlled substances, possession…

Justia Opinion Summary: Gary Schuler appealed after he entered a conditional guilty plea for driving under suspension, arguing the district court erred in denying his motion to suppress for violation of his Fourth Amendment rights. On October…

Justia Opinion Summary: Ryan Scott appealed a district court order denying his motion to modify primary residential responsibility. Scott argued the district court erred by failing to find a material change in circumstances existed and failing…

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court order and a judgment reversing a Department hearing officer’s decision to suspend Yonis Hussiene’s driving privileges for a period of 180 days.…

Justia Opinion Summary: In June 2008, Scot Decker sustained work related injuries while he was working for Cyclone Drilling, Inc. in Mountrail County, North Dakota. WSI accepted liability and Decker received more than $1,250,000 in benefits…

Justia Opinion Summary: Amanda Johnshoy, now known as Amanda Fry, appealed a district court order denying her motion to modify primary residential responsibility. Fry and Zachary Johnshoy divorced in November 2014, and the court awarded…

Justia Opinion Summary: The State appealed a judgment dismissing its criminal complaint against Orin Gedrose after the district court held N.D.C.C. 6-08-16(1)(d) was unconstitutional. Gedrose was charged with issuing a check without sufficient…

Justia Opinion Summary: The State appealed a district court order granting Marco Van Der Heever’s motion to suppress evidence, arguing the officer had reasonable suspicion to stop Van Der Heever’s vehicle. Van Der Heever was charged with…

Justia Opinion Summary: Bashir Bare Abdi appealed a district court order denying his application for post-conviction relief, seeking to withdraw his guilty plea. Abdi was charged with luring minors in violation of N.D.C.C. 12.1-20- 05.1, a…

Justia Opinion Summary: Brandon Schweitzer appealed from a jury verdict and a criminal judgment convicting him of aggravated assault. In 2019, Schweitzer used his cane to hit the victim's arm, fracturing it. Schweitzer argued that by misplacing…

Justia Opinion Summary: Marlon Comes appealed an order denying his application for post-conviction relief. He argued his sentence was illegal because it failed to accurately reflect credit for “good time” and the corresponding sentence…

Justia Opinion Summary: J.B. appealed a juvenile court order terminating her parental rights. On appeal, J.B. argued that the district court erred in terminating her parental rights, because the qualified expert witness’s testimony did not…

Justia Opinion Summary: Plaintiffs Rhonda Pennington, Steven Nelson, Donald Nelson, and Charlene Bjornson appealed a judgment entered after the district court determined their oil and gas leases with Continental Resources had not expired and…

Justia Opinion Summary: K.S. appealed a district court order approving the sale of S.M.H.’s interest in real property and striking from the court record an affidavit filed by K.S. K.S. argued the court erred by determining that a document K.S.…

Justia Opinion Summary: James Black appealed following his conditional guilty plea to ten counts of possession of certain materials prohibited, class C felonies. Black argued the district court was required to suppress evidence obtained during…

Justia Opinion Summary: Tesoro Great Plains Gathering & Marketing, LLC, formerly known as Great Northern Gathering & Marketing, LLC (“Great Northern”), appealed an amended judgment entered after the district court ordered a pipeline lien held…

Justia Opinion Summary: PLS Services appealed a district court’s amended summary judgment dismissing its complaint against Valueplus Consulting, LLC, relating to a mortgage priority dispute. In February 2014, PLS was assigned two mortgages…

Justia Opinion Summary: AgCountry Farm Credit Services, PCA appealed a district court judgment granting Michael and Bonita McDougall’s unjust enrichment claim and ordering AgCountry to pay $170,397.76. Kent and Erica McDougall were farmers and…

Justia Opinion Summary: The State appealed from an order of dismissal after the district court dismissed conspiracy charges against Kristen Howard and Oshaya Watkins for lack of probable cause. The State charged Howard and Watkins with…

Justia Opinion Summary: The State appealed a district court order dismissing without prejudice a charge of gross sexual imposition against Donald Mitchell, arguing the court erred in finding that the testimony submitted was insufficient for a…

Justia Opinion Summary: WSI appealed a judgment ordering payment of death benefits to Gloria Felan. In 2017, Fred Felan was injured when driving a loaded truck that tipped on its side. Julie Schulz of KBO Farms, Fred’s employer, arrived at the…

Justia Opinion Summary: Respondent-appellee Billie Dixon moved to dismiss petitioner-appellant John Dixon’s appeal due to mootness and lack of jurisdiction because the appeal was taken without a N.D.R.Civ.P. 54(b) certification. This action…

Justia Opinion Summary: Lorenzo Pemberton appealed an order denying his application for postconviction relief. Pemberton argued he was convicted of a non-cognizable offense, attempted knowing murder, which did not require the defendant to have…

Justia Opinion Summary: J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing,…

Justia Opinion Summary: Larry Froistad appeals from an order denying his application for postconviction relief to withdraw his guilty plea. In 1998, Froistad pled guilty to murdering his daughter by setting fire to his residence when she was…

Justia Opinion Summary: Sally Goossen appealed a trial court judgment determining Thomas Kruger’s and Goossen’s ownership interests in North Dakota Safety Professionals, LLC (“NDSP”). Goossen argued the district court erred in finding that she…

Justia Opinion Summary: On March 13, 2020, North Dakota Governor Doug Burgum declared a state of emergency and activated the North Dakota State Emergency Operations Plan via Executive Order (“E.O.”) 2020-03. Governor Burgum’s declaration of a…

Justia Opinion Summary: The State petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to grant a motion to amend a charge against Misty Lee Schwarz.…

Justia Opinion Summary: The Plaintiffs (“Blasi”) sued the Defendants (“Bruin”) in five separate cases in federal district court alleging Bruin underpaid royalties due under the terms of various oil and gas leases. Blasi accepted the royalties…

Justia Opinion Summary: Jordan Morsette appealed an amended judgment ordering him to pay $242 million in compensatory damages and $885 million in punitive damages to Plaintiffs Shayna Monson; Lee Zander, individually and on behalf of Taylor…

Justia Opinion Summary: Bridget Medbery appealed after she conditionally pled guilty to actual physical control, reserving her right to appeal the district court’s order denying her motion to suppress. On November 21, 2019, officers responded…

Justia Opinion Summary: K.V. appealed a juvenile court memorandum opinion, issued after remand, that denied his motion to suppress evidence. K.V. was charged and adjudicated a delinquent child for possession of a controlled substance and…

Justia Opinion Summary: Cody Michael Atkins had a lengthy history of proceedings before the district court and the North Dakota Supreme Court, most of which stemmed from his guilty plea to gross sexual imposition in 2015, and the series of…

Justia Opinion Summary: Travis Lafromboise appealed after he conditionally pled guilty to charges of burglary and criminal mischief, reserving the right to appeal the district court’s denial of his motion to dismiss. Lafromboise argued the…

Justia Opinion Summary: Melissa Oster and N.B. appealed two orders denying motions for a new trial after a jury awarded a verdict in N.B.’s favor. Oster and her daughter, N.B., were staying at a residence owned by Kevin Terwilliger. Josh and…

Justia Opinion Summary: K.M.E. appealed an order extending a guardianship over her biological child J.O. L.O. and S.O. were granted guardianship of J.O. and his stepsister, I.E. L.O. and S.O. were J.O.’s maternal grandparents. K.M.E. was J.O.’s…

Justia Opinion Summary: Dale Klein appealed a disorderly conduct restraining order directing he have no contact with Richard and Linda Sollin (collectively “the Sollins”) until July 8, 2021. Klein argued he was not provided adequate service or…

Justia Opinion Summary: Biron D. Baker Family Medicine, PC and Biron D. Baker, M.D. (collectively, "Baker Medicine") appealed a district court judgment awarding Big Pines, LLC attorney’s fees and costs. In 2011, Baker Medicine signed an…

Justia Opinion Summary: Santos Casarez, III appealed when his motion to suppress evidence was denied, and his conditional guilty plea to refusing to take a chemical breath test was accepted. Jamestown Police Officer Andrew Noreen witnessed a…

Justia Opinion Summary: Terpsichore Maras appealed a default judgment issued as a sanction for discovery abuses, and a judgment dismissing her counterclaim for lack of jurisdiction. The case arises out of the Attorney General’s investigation of…

Justia Opinion Summary: In March 2019, the North Dakota State Board of Chiropractic Examiners (the “Board”) issued an administrative complaint against Dr. Jacob Schmitz, a chiropractor licensed by the Board. The administrative complaint…

Justia Opinion Summary: Karen and Jerome Schirado appealed a judgment granting the City of Glen Ullin and the Glen Ullin Park District permanent injunctive relief and awarding the Park District attorney’s fees. The Schirados owned land near…

Justia Opinion Summary: Earl Schwartz Company and the co-personal representatives of the Estate of Earl N. Schwartz (amongst others, together “ESCO”) and SunBehm Gas, Inc. appealed a judgment quieting title to oil and gas interests in Great…

Justia Opinion Summary: Thomas Kaspari appealed when the district court ordered him to pay spousal support in his divorce from Jean Kaspari until her death or remarriage. The North Dakota Supreme Court concluded the district court erred as a…

Justia Opinion Summary: The North Dakota Supreme Court consolidated two criminal cases because both involved whether a defendant may waive his Sixth Amendment right to a public trial. Former school teacher Everest Moore appealed three criminal…

Justia Opinion Summary: Shawn Kluver and Little Knife Disposal, LLC (“Little Knife”), appealed an amended judgment entered after a bench trial that awarded Command Center, Inc., monetary damages, interest, attorney’s fees and costs against…

Justia Opinion Summary: Jordan Borland was convicted by jury of criminal vehicular homicide at the conclusion of a third jury trial on the charge. Borland argued: double jeopardy barred his retrial; the district court erred by denying his…

Justia Opinion Summary: Pioneer State Mutual Insurance Company appealed a declaratory judgment that found the automobile policy issued by Pioneer to Ty Kirby provided insurance coverage. In 2017, Kirby was involved in a motor vehicle accident…

Justia Opinion Summary: Landowners Cash Aaland, Larry Bakko, and Penny Cirks, appealed orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their properties to conduct surveys and examinations…

Justia Opinion Summary: Michael Lee Stands appealed a judgment and an order denying his motion to suppress evidence after entering a conditional plea of guilty to possession with intent to manufacture or deliver methamphetamine and unlawful…

Justia Opinion Summary: Jason Ryberg appealed the dismissal of his complaint with prejudice after the district court granted Defendant Darren Landsiedel’s motion to enforce a settlement agreement. Nodak Insurance Company (“Nodak”) appealed the…

Justia Opinion Summary: Russell Walbert appealed an amended criminal judgment after a jury found him guilty of gross sexual imposition. At a pretrial conference, the State moved to stop people from entering and exiting the courtroom while the…

Justia Opinion Summary: Glenn Solberg appealed a district court judgment dismissing his complaint against Richard McKennett. This action was related to Solberg’s litigation involving the Estate of Lyle Nelson. Lyle Nelson was married to…

Justia Opinion Summary: Andrew Glasser appealed a district court’s corrected, amended criminal judgment modifying his sentence for conviction of gross sexual imposition and from an amended criminal judgment for conviction of possession of…

Justia Opinion Summary: Anthony Campbell appealed after the district court summarily dismissed his application for post-conviction relief. In 2016, a jury found Campbell guilty of murder, a class AA felony. His conviction was affirmed on…

Justia Opinion Summary: Dakota Bee appealed a criminal judgment entered on a conditional plea of guilty, reserving the right to appeal a district court order denying her motion to suppress evidence. Burleigh County Social Services (BCSS)…

Justia Opinion Summary: Joshua Breeze appeals a district court judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges based on a conviction for driving under the influence. On appeal, Breeze…

Justia Opinion Summary: Ben Gerving appealed an amended divorce judgment and parenting plan. He argued the district court’s distribution of marital assets and debts was clearly erroneous. Janet Gerving argued the appeal was frivolous and she…

Justia Opinion Summary: Appellants Somerset Court, LLC, and Kari Riggin appealed a district court judgment dismissing their action seeking a declaratory judgment regarding the validity of the North Dakota Governor’s executive orders. This case…

Justia Opinion Summary: Tyler Richter appealed a criminal judgment entered after he pled guilty to the charge of luring minors by computers, and conditionally pled guilty to the charge of attempted promotion of obscenity to minors. Richter…

Justia Opinion Summary: James Lund appealed the grant of summary judgment entered in favor of Leland Swanson and Open Road Trucking, LLC. Lund had been an adverse party to Swanson and Open Road in a series of lawsuits, dating back to 2018.…

Justia Opinion Summary: Rodney Friesz appealed a district court order denying his application for post-conviction relief. In 2016, Friesz was convicted by jury of manslaughter and arson, both class B felony offenses. Friesz appealed the case,…

Justia Opinion Summary: North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an ALJ’s revised order on remand, entered after the North Dakota Supreme Court's decision in State by & through Workforce…

Justia Opinion Summary: Darl Hehn appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. The North Dakota Supreme Court the case to the district court for further findings…

Justia Opinion Summary: James Watson appealed the denial of his motion to withdraw his guilty plea to continuous sexual abuse of a child. Watson argued the district court failed to properly analyze his understanding of the terms of the plea…

Justia Opinion Summary: Mary Orwig appealed and Steven Orwig cross-appealed a divorce judgment distributing the parties’ property and awarding Mary spousal support. Mary argued the district court erred in determining the value of certain…

Justia Opinion Summary: Menard, Inc. (“Menards”) appealed an order denying a motion for summary judgment, an order denying a motion for judgment as a matter of law, an order granting attorney’s fees, an order as to the amount of attorney’s fees…

Justia Opinion Summary: Neil Olson appealed a district court order dismissing his second petition requesting formal probate proceedings for the Estate of his great-uncle, Neil Johnson. The court found Neil Olson was estopped from challenging…

Justia Opinion Summary: Sean Spillum was convicted by jury of possession of certain materials prohibited. Spillum was under criminal investigation for uploading suspected child pornography to a cloud storage service. Officers interviewed…

Justia Opinion Summary: Daniel Stoddard appealed a district court order and judgment amending the parenting plan between Stoddard and Christina Singer for their minor child, M.S.S. Stoddard presented twelve issues, contending the district court…

Justia Opinion Summary: Cory Davis appealed a district court order denying his motion for Rule 60(b), N.D.R.Civ.P., relief from a judgment. In September of 2019 Tracy Davis served Cory with a summons and complaint for divorce. Cory did not…

Justia Opinion Summary: Shannon Belgarde appealed an order denying her motion to vacate a divorce judgment, which was entered pursuant to a stipulation. Shannon Belgarde (formerly Paulson) and Kristofor Paulson married in 2013. They divorced on…

Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision suspending James McClintock’s driving privileges for a period of 91 days. The Department…

Justia Opinion Summary: Cherokee Services Group, LLC; Cherokee Nation Government Solutions, LLC; Cherokee Medical Services, LLC; Cherokee Nation Technologies, LLC (collectively referred to as the “Cherokee Entities”); Steven Bilby; and Hudson…

Justia Opinion Summary: Shalee Youngbird appealed an amended judgment to include restitution. Youngbird pled guilty to theft of property, reckless endangerment, and duty in accident involving death or personal injury. At the change of plea…

Justia Opinion Summary: Cody Atkins appealed district court orders denying his application for post-conviction relief and his motion to reconsider. Atkins pleaded guilty to gross sexual imposition in 2015. The North Dakota Supreme Court…

Justia Opinion Summary: Carrie Thompson-Widmer appealed the dismissal of her claims of defamation and tortious interference with a business relationship against Kimberly Larson, Wells County, Eddy County, and Foster County. In January 2017,…

Justia Opinion Summary: Hellervik Oilfield Technologies LLC (“Hellervik”) appealed an order denying its motion to vacate a default judgment. AE2S Construction, LLC (“AE2S”) sued Hellervik and Whiting Oil and Gas, Corporation, for nonpayment of…

Justia Opinion Summary: Chris Oden appealed a district court order vacating a transcribed Missouri foreign judgment. Oden argued: (1) vacating the transcribed Missouri judgment violated the Full Faith and Credit Clause of the United States…

Justia Opinion Summary: Kevin Willprecht appealed an amended judgment altering his child support and spousal support obligations. Kevin argued the district court erred in awarding spousal support without reconsidering the Ruff-Fischer…

Justia Opinion Summary: Rebecca Burr appealed a district court judgment dismissing her complaint against the North Dakota Board of Dental Examiners. In mid-2019, Burr filed a complaint with the North Dakota Board of Dental Examiners alleging a…

Justia Opinion Summary: Grand Prairie Agriculture, LLP, appealed a district court order affirming a decision of the Pelican Township Board of Supervisors to deny Grand Prairie’s petition for approval of the site of a proposed animal feeding…

Justia Opinion Summary: Byron Whetsel appealed an order denying his petition for post-conviction relief. Because the district court summarily dismissed Whetsel’s application subsequent to the State filing a response to the application without…

Justia Opinion Summary: R & F Financial Services, LLC, appealed a district court order dismissing its claims against Cudd Pressure Control, Inc., and RPC, Inc., and granting Cudd’s and RPC’s counterclaims and cross claims. North American…

Justia Opinion Summary: Pamela Neppel, individually and as the parent and legal guardian of Z.N., an incapacitated individual, appealed amended judgment entered after a jury trial. She also appealed denying leave to amend her complaint, an…

Justia Opinion Summary: Kathleen Melaas appealed a district court order granting a motion to compel arbitration and dismissing her complaint against Diamond Resorts U.S. Collection Development, LLC. She alleged Diamond Resorts offered vacation…

Justia Opinion Summary: Megan Evanson appealed criminal judgments imposed in two consolidated cases. Evanson and her husband were involved in the theft of a catalytic converter from a truck and several tools from two different individuals. In…

Justia Opinion Summary: Garett Casatelli appealed a corrected criminal judgment after he entered a conditional guilty plea to actual physical control of a motor vehicle with a blood alcohol concentration of 0.08 percent or greater. After review…

Justia Opinion Summary: Brandon Potts appealed after a district court granted summary judgment to the City of Devils Lake and the Devils Lake Police Department (collectively, “Devils Lake”), which dismissed his claim for wrongful termination.…

Justia Opinion Summary: James Seidel, Troy Seidel, and Gravel Supply LLC (Defendants) appealed a judgment awarding the Estate of Leroy Seidel $68,958.75 relating to the Defendants’ sale of gravel from certain real property. Defendants argued…

Justia Opinion Summary: Laron Young appealed summary judgment entered in favor of Burleigh Morton Detention Center (“BMDC”). Young was an inmate at BMDC. Reliance Telephone of Grand Forks, Inc. (“Reliance”) contracted with BMDC to operate its…

Justia Opinion Summary: Steven Aune was convicted by jury of manslaughter. On May 1, 2019, Aune’s adult twin daughters were both living at his home. One of the daughters had been living with Aune for some time, but the other daughter, S.A., had…

Justia Opinion Summary: Brendel Construction appealed a district court judgment affirming an administrative law judge’s (ALJ) decision to hold Brendel Construction liable for unpaid workers compensation premiums and penalties attributed to a…