North Dakota Supreme Court Decisions 2022
Date: December 22, 2022
Citation: 2022 ND 229
Docket Number: 20220040
Justia Opinion Summary: James Senger appealed a divorce judgment entered following a bench trial. He argued the district court erred by retroactively applying an amended and reenacted version of N.D.C.C. § 14-05-24(1) in valuing the marital…
Date: December 22, 2022
Citation: 2022 ND 233
Docket Number: 20220124
Justia Opinion Summary: Justin Shafer appealed a district court judgment confirming an arbitration award against Diamond Development & Custom Homes, L.L.C. Shafer argued the district court erred by failing to increase the amount of damages he…
Date: December 22, 2022
Citation: 2022 ND 231
Docket Number: 20220143
Justia Opinion Summary: Issac Vassel appealed a district court’s divorce judgment and calculation of child support entered following a bench trial. Issac Vassel and Felice Vassel were in a relationship in 2009 and married in 2015. The parties…
Date: December 22, 2022
Citation: 2022 ND 234
Docket Number: 20220156
Justia Opinion Summary: Mohammed Yousif was convicted by jury of aggravated assault. Yousif argued on appeal that the district court erred by excluding a witness’s recorded statement. Finding no reversible error, the North Dakota Supreme Court…
Date: December 22, 2022
Citation: 2022 ND 236
Docket Number: 20220159
Justia Opinion Summary: T.K. (mother) appealed an order denying her petition to terminate D.D.G.’s, parental rights to the children J.J.G., M.K.G., and O.J.G and from an order denying her motion for a new trial. T.K. and D.D.G., the father, had…
Date: December 22, 2022
Citation: 2022 ND 230
Docket Number: 20220187
Justia Opinion Summary: Thomas Burckhard appealed a judgment entered following consideration of Larson Latham Huettl LLP’s motion for summary judgment. Burckhard began employment with Larson Latham Huettl LLP (hereinafter LLH) in January 2019.…
Date: December 22, 2022
Citation: 2022 ND 238
Docket Number: 20220269
Date: December 22, 2022
Citation: 2022 ND 235
Docket Number: 20220311
Justia Opinion Summary: N.L., Sr. appeals from the juvenile court’s order terminating his parental rights. A.H. and N.L., Sr. were the biological mother and father of N.L., Jr., born in 2015 and J.L., born in 2018. In August 2020, N.L. and J.L.…
Date: December 8, 2022
Citation: 2022 ND 212
Docket Number: 20210276
Justia Opinion Summary: Steven Dahl was convicted by jury on two counts of unlawful possession of drug paraphernalia, one of which was for felony possession of paraphernalia. The North Dakota Supreme Court affirmed the misdemeanor conviction,…
Date: December 8, 2022
Citation: 2022 ND 216
Docket Number: 20220048
Justia Opinion Summary: Jeff Trosen appealed a judgment and amended judgment awarding damages for a breach of contract claim to the Estate of Shirley Trosen and the Trosen Family Trust and dismissing Jeff’s counterclaim and third-party…
Date: December 8, 2022
Citation: 2022 ND 213
Docket Number: 20220060
Justia Opinion Summary: Cliff Provins appealed a district court judgment affirming an administrative law judge’s (“ALJ”) decision that affirmed a Workforce Safety and Insurance (“WSI”) order denying liability for his post-traumatic stress…
Date: December 8, 2022
Citation: 2022 ND 221
Docket Number: 20220068
Justia Opinion Summary: Scotty Fain, Sr., Scotty Fain, Jr., and Kris Durham appealed a district court judgment entered following findings that there was no contract between the parties, no transfer of ownership interest in Integrity…
Date: December 8, 2022
Citation: 2022 ND 214
Docket Number: 20220076
Justia Opinion Summary: Sheri Fercho appealed a divorce judgment enforcing the parties’ premarital agreement, dividing the marital estate, and denying spousal support and attorney’s fees. She also appealed an order denying her motion to compel…
Date: December 8, 2022
Citation: 2022 ND 217
Docket Number: 20220091
Justia Opinion Summary: Scott Kubik appealed a judgment quieting title in favor of Dominic Hauck on a property line dispute and denying his claim of acquiescence. Kubik and Hauck were adjacent landowners. A wire fence ran east and west near the…
Date: December 8, 2022
Citation: 2022 ND 215
Docket Numbers: 20220103, 20220104
Justia Opinion Summary: James Watson appealed a district court order denying his application for postconviction relief from two convictions entered on a conditional plea of guilty. Watson was convicted by jury of continuous sexual abuse of a…
Date: December 8, 2022
Citation: 2022 ND 225
Docket Number: 20220122
Justia Opinion Summary: Otter Tail Power Company provided electric service to the City of Drayton, North Dakota under a franchise agreement. In August 2019, Drayton annexed to the city property known as McFarland’s Addition. In November 2019,…
Date: December 8, 2022
Citation: 2022 ND 222
Docket Number: 20220161
Justia Opinion Summary: Kyle Kenneth Bell appealed a district court’s judgment grant of summary judgment in favor of the State. In 1999, Bell was convicted of murder, a class AA felony. Bell appealed his conviction to the North Dakota Supreme…
Date: December 8, 2022
Citation: 2022 ND 219
Docket Number: 20220220
Justia Opinion Summary: Sheldon Davis appealed a district court judgment awarding restitution. Davis was found guilty of the murder of Denise Anderson, endangering by fire or explosion, and arson. The district court ordered restitution without…
Date: December 8, 2022
Citation: 2022 ND 220
Docket Number: 20220227
Justia Opinion Summary: LeRoy Wheeler appeals from orders dismissing without prejudice his 42 U.S.C. § 1983 civil rights action against prison officials and denying his request for reconsideration. In February 2021, Wheeler commenced this §…
Date: November 23, 2022
Citation: 2022 ND 211
Docket Number: 20220088
Justia Opinion Summary: The federal district court for the District of North Dakota certified five questions regarding N.D.C.C. § 38-08-08(1) and North Dakota Industrial Commission pooling orders. The litigation before the federal court…
Date: November 23, 2022
Citation: 2022 ND 206
Docket Numbers: 20220096, 20220097
Justia Opinion Summary: Dalton Peltier appealed after a jury found him guilty of attempted murder, aggravated assault, criminal mischief, and three counts of terrorizing. Peltier argued he did not voluntarily waive his rights under Miranda v.…
Date: November 23, 2022
Citation: 2022 ND 208
Docket Number: 20220101
Justia Opinion Summary: Kengi Moses appealed an amended order deferring imposition of sentence entered upon a conditional plea of guilty to unlawful possession of a firearm. The North Dakota Supreme Court affirmed, concluding that Moses’ prior…
Date: November 23, 2022
Citation: 2022 ND 210
Docket Number: 20220102
Justia Opinion Summary: Cheryl Feickert appealed a district court’s judgment entered after a bench trial. Ashley Feickert was a minor when her father died intestate in 1988. Ashley inherited an undivided one-fourth interest in real property…
Date: November 23, 2022
Citation: 2022 ND 205
Docket Number: 20220148
Justia Opinion Summary: Clinton Mullin and Valrena Nelson appealed the dismissal of their claims for legal malpractice/negligence. Mullin and Nelson argued Elizabeth Pendlay committed legal malpractice by: (1) stipulating to jury instructions…
Date: November 23, 2022
Citation: 2022 ND 207
Docket Number: 20220202
Justia Opinion Summary: Kristin Anton appealed a district court judgment affirming an order by Job Service North Dakota denying Anton pandemic unemployment assistance benefits. Anton stopped working on March 12, 2020 when the public schools…
Date: November 10, 2022
Citation: 2022 ND 183
Docket Number: 20220037
Justia Opinion Summary: J.T. Wilkinson and Evelyn Wilkinson acquired title to property located in Williams County, North Dakota. In 1958, the Wilkinson conveyed the property to the United States for construction and operation of the Garrison…
Date: November 10, 2022
Citation: 2022 ND 190
Docket Number: 20220044
Justia Opinion Summary: Elijah Addai appealed after a district court’s dismissed his request for post-conviction relief. Addai was convicted by jury of class AA felony murder for the fatal stabbing of David Delonais. Addai claimed the North…
Date: November 10, 2022
Citation: 2022 ND 201
Docket Number: 20220049
Justia Opinion Summary: Wendy Davis-Heinze appealed her conviction for reckless endangerment. She argued on appeal that the district court conducted an off-the-record discussion with counsel outside the courtroom and outside of the view of the…
Date: November 10, 2022
Citation: 2022 ND 189
Docket Number: 20220053
Justia Opinion Summary: Jody Kuntz appealed a district court order denying her application for post-conviction relief. Kuntz was charged with criminal mischief and criminal trespass. Before trial, Kuntz pled guilty to both charges and was…
Date: November 10, 2022
Citation: 2022 ND 202
Docket Number: 20220057
Justia Opinion Summary: Matthew Beland and Sarah Kyte appealed after the denial of Beland’s motion for a temporary restraining order and motion for sanctions against Jeremiah Danel and Jeremiah Danel, D.D.S., P.C., and the granting of Danel’s…
Date: November 10, 2022
Citation: 2022 ND 197
Docket Number: 20220072
Justia Opinion Summary: Michael Sapa was convicted by jury of gross sexual imposition. On appeal, he argued the district court erred by excluding evidence about the victim’s age. He claims two statutes, N.D.C.C. §§ 12.1-20-01 and 14-10-01,…
Date: November 10, 2022
Citation: 2022 ND 196
Docket Numbers: 20220074, 20220075
Justia Opinion Summary: Cole Peters appealed his convictions for: terrorizing, two counts of gross sexual imposition, attempted murder, and felonious restraint. Peters argued on appeal that the State violated his right to a speedy trial, that…
Date: November 10, 2022
Citation: 2022 ND 184
Docket Number: 20220085
Justia Opinion Summary: Christopher Vickerman was convicted by jury of a class AA felony murder. Vickerman argued on appeal that: (1) there was insufficient evidence to warrant a conviction; (2) the district court abused its discretion in…
Date: November 10, 2022
Citation: 2022 ND 188
Docket Number: 20220087
Justia Opinion Summary: Ryan Kratz appealed after the district court denied his motion seeking to correct an illegal sentence and dismissed his application for post-conviction relief. The court held Kratz had failed to sufficiently support his…
Date: November 10, 2022
Citation: 2022 ND 199
Docket Numbers: 20220092, 20220093
Justia Opinion Summary: Zhiwar Ismail appealed after he was convicted on two counts of possession and delivery of a controlled substance. He argued on appeal he received ineffective assistance of counsel based on his attorney’s failure to move…
Date: November 10, 2022
Citation: 2022 ND 198
Docket Number: 20220107
Justia Opinion Summary: Zachary Archambault appeals from a criminal judgment after a jury found him guilty of continuous sexual abuse of a child, arguing the district court erred by granting a continuance and denying his motion for a mistrial.…
Date: November 10, 2022
Citation: 2022 ND 203
Docket Number: 20220113
Justia Opinion Summary: Kristen Overboe appealed a divorce judgment, an order striking a declaration, an order denying a motion to amend the findings of fact, and an order striking additional filings and granting a protection order. The North…
Date: November 10, 2022
Citation: 2022 ND 193
Docket Number: 20220115
Justia Opinion Summary: Ordahl LLC (“Ordahl”) appeals from a district court order granting Arlene Lykken, Bruce Lykken, Paul Lykken, and Sandra Teske’s (“the Lykkens”) motion for summary judgment and denying Ordahl’s motion for summary…
Date: November 10, 2022
Citation: 2022 ND 186
Docket Number: 20220119
Justia Opinion Summary: Robert Goff appealed a district court judgment affirming a Department of Transportation hearing officer’s decision to suspend his driving privileges and denying costs and attorney’s fees. In December 2021, Fargo Police…
Date: November 10, 2022
Citation: 2022 ND 187
Docket Number: 20220140
Justia Opinion Summary: Attorney DeWayne Johnston, on behalf of the late David Knapp, appealed the dismissal entered after the district court denied a motion to substitute Knapp’s widow as plaintiff under N.D.R.Civ.P. 25. Attorney DeWayne…
Date: November 10, 2022
Citation: 2022 ND 204
Docket Number: 20220141
Justia Opinion Summary: Thomas Kaspari appealed an amended judgment entered following a reversal and remand of an award of spousal support. On remand, the district court supplemented its findings and confirmed its prior spousal support award.…
Date: November 10, 2022
Citation: 2022 ND 185
Docket Number: 20220163
Date: November 10, 2022
Citation: 2022 ND 191
Docket Number: 20220196
Justia Opinion Summary: Troubadour Oil and Gas, LLC, petitioned the North Dakota Supreme Court for a supervisory writ after the district court issued a discovery order requiring Troubadour to disclose all communications between Troubadour’s…
Date: October 27, 2022
Citation: 2022 ND 179
Docket Number: 20220109
Justia Opinion Summary: On June 23, 2021, Kathy Schmidt filed a quiet title action covering property located in Benson County, North Dakota, offering a document titled “warranty deed” as evidence of title. The district court granted the…
Date: October 27, 2022
Citation: 2022 ND 182
Docket Number: 20220133
Justia Opinion Summary: The underlying dispute before the North Dakota Supreme Court in this case concerned two competing oil and gas leases. In 2006, Ritter, Laber and Associates, Inc. was part of a joint venture that was locating mineral…
Date: October 4, 2022
Citation: 2022 ND 177
Docket Number: 20220073
Justia Opinion Summary: Susan Durheim appealed a disorderly conduct restraining order directing that she have no contact with Brandon Rekow for a one-year period. Rekow and Durheim had a strained relationship dating back to 2015, when Rekow…
Date: October 4, 2022
Citation: 2022 ND 178
Docket Number: 20220121
Justia Opinion Summary: Lee Queen appealed a judgment awarding him and Kimber Martel equal residential responsibility of their minor child and ordering child support. Queen argued he should have been awarded primary residential responsibility…
Date: September 29, 2022
Citation: 2022 ND 172
Docket Number: 20220043
Justia Opinion Summary: Amy Winterfeldt appealed the denial of her request for primary residential responsibility and the granting of Bruce Gomm’s motion for modification of parenting time. Winterfeldt also filed a motion to dismiss this appeal…
Date: September 29, 2022
Citation: 2022 ND 171
Docket Number: 20220061
Justia Opinion Summary: Whitetail Wave LLC (“Whitetail”) appealed two district court judgments granting summary judgment and dismissing claims asserted by Whitetail against XTO Energy, Inc. (“XTO”) and the Board of University of School Lands of…
Date: September 15, 2022
Citations: 2022 ND 170, 2022 ND 92
Docket Number: 20210258
Date: September 7, 2022
Citation: 2022 ND 168
Docket Number: 20220233
Justia Opinion Summary: Jared Hendrix, as chairman of the North Dakota for Term Limits Sponsoring Committee, and North Dakota for Term Limits (collectively, “Petitioners” or “Committee”) petitioned for a writ of mandamus requiring the Secretary…
Date: September 1, 2022
Citation: 2022 ND 165
Docket Number: 20210355
Justia Opinion Summary: Shelby Finnson appealed a judgment awarding primary residential responsibility of the parties’ minor child to Jacob Kershaw. She claimed the district court’s findings were unsupported by the record; the court’s parenting…
Date: September 1, 2022
Citation: 2022 ND 166
Docket Number: 20220022
Justia Opinion Summary: The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands appealed a…
Date: September 1, 2022
Citation: 2022 ND 164
Docket Number: 20220033
Justia Opinion Summary: David Sholy appealed a district court order dismissing his appeal from the Cass County Commission’s (“Commission”) decision to deny his applications for abatement or refund of taxes. Sholy argued the court misapplied the…
Date: August 18, 2022
Citation: 2022 ND 160
Docket Number: 20220023
Justia Opinion Summary: Dustin Lyman was convicted by jury of driving while under the influence of an intoxicating liquor. On appeal, Lyman argued the district court erred in denying his motion for a mistrial, claiming the State’s opening…
Date: August 18, 2022
Citation: 2022 ND 163
Docket Number: 20220058
Justia Opinion Summary: Jason Vogt appealed the dismissal of his application for post-conviction relief. He pled guilty to gross sexual imposition. Here, Vogt claimed he was innocent and his counsel rendered ineffective assistance. Further, he…
Date: August 18, 2022
Citation: 2022 ND 161
Docket Number: 20220094
Justia Opinion Summary: Angela Hansen appealed orders denying her motion for an order to show cause and her demand for a change of judge. Hansen was subject to a standing order prohibiting her from filing new motions without permission of…
Date: August 4, 2022
Citation: 2022 ND 150
Docket Number: 20210148
Justia Opinion Summary: Northwest Landowners Association filed suit to challenge the constitutionality of North Dakota Senate Bill 2344, which related to subsurface pore space. The district court granted the Association’s cross-motion for…
Date: August 4, 2022
Citation: 2022 ND 149
Docket Number: 20210287
Justia Opinion Summary: Salamah Pendleton was convicted by jury on two counts of murder, two counts of attempted murder, terrorizing, reckless endangerment, and possession with intent to deliver marijuana. Pendleton argued on appeal: (1) his…
Date: August 4, 2022
Citation: 2022 ND 157
Docket Numbers: 20220010, 20220013, 20220011, 20220012
Justia Opinion Summary: In October 2018, Robert Pulkrabek was charged with driving under the influence, resisting arrest, and driving under suspension. In July 2020, he was charged with driving under suspension and failure to transfer title. In…
Date: August 4, 2022
Citation: 2022 ND 153
Docket Number: 20220017
Justia Opinion Summary: Milford Netterville appealed the revocation of his probation, and his resentencing to two years’ imprisonment. In 2020, Netterville pled guilty to domestic violence, for which he was originally sentenced to 366 days’…
Date: August 4, 2022
Citation: 2022 ND 151
Docket Number: 20220050
Justia Opinion Summary: Connie and Kevin Sailer are the paternal grandparents of E.D.S. and E.R.S. Justin and Natasha Sailer are the children’s parents. When the parents divorced, they stipulated that Natasha would have primary residential…
Date: August 4, 2022
Citation: 2022 ND 154
Docket Number: 20220051
Justia Opinion Summary: Tim Hamburger appealed an order denying his motions for relief from the divorce judgment and to amend his motion for relief. He argued the district court erred by finding there was no agreement or acquiescence to a…
Date: August 4, 2022
Citation: 2022 ND 156
Docket Number: 20220052
Justia Opinion Summary: Nicki Erickson appealed a judgment awarding her and Tim Faber equal residential responsibility of their three children. Erickson argued the district court clearly erred by awarding the parties equal residential…
Date: August 4, 2022
Citation: 2022 ND 158
Docket Number: 20220062
Justia Opinion Summary: Blayne Puklich and Elyse Puklich were the children of Stan Puklich, who owned and operated an automobile dealership before his death. The dispute arose from the parties’ ownership of various business interests they…
Date: August 4, 2022
Citation: 2022 ND 159
Docket Number: 20220067
Justia Opinion Summary: Robert Procive appealed when a district court dismissed his appeal of an Administrative Law Judge’s order that denied his claim for Workforce Safety and Insurance (“WSI”) benefits. Procive submitted his first claim in…
Date: August 4, 2022
Citation: 2022 ND 152
Docket Number: 20220100
Justia Opinion Summary: B.C., by and through his parent Michelle Cox, appealed from a district court judgment affirming the Department of Human Services (“Department”) decision to deny autism voucher program funding for a gazebo. B.C. argued…
Date: July 27, 2022
Citation: 2022 ND 148
Docket Number: 20220016
Justia Opinion Summary: Robert Bolinske appealed the dismissal of his claims against former Supreme Court Justice Dale Sandstrom and former District Court Judge Gail Hagerty (“State Defendants”) and awarding them attorney’s fees. In October…
Date: July 21, 2022
Citation: 2022 ND 145
Docket Number: 20210300
Justia Opinion Summary: Elton Lovro appealed a judgment dismissing his complaint with prejudice after the district court granted summary judgment in favor of the City of Finley (“City”). Lovro owned a house and property in Finley, Steele…
Date: July 21, 2022
Citation: 2022 ND 140
Docket Number: 20210316
Justia Opinion Summary: Braden Allery appealed an order denying his motion for relief from a default judgment modifying primary residential responsibility for the two children he had with Regan Whitebull. In 2019, the district court entered a…
Date: July 21, 2022
Citation: 2022 ND 141
Docket Number: 20210349
Justia Opinion Summary: Edward Skorick appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Skorick argued the district court’s factual findings were insufficient to…
Date: July 21, 2022
Citation: 2022 ND 144
Docket Number: 20210363
Justia Opinion Summary: Richard Anderson appealed an order denying his motion challenging the constitutionality of N.D.C.C. § 12.1-32-07(4)(r) and seeking modification of his probation conditions. He argued the probation condition restricting…
Date: July 21, 2022
Citation: 2022 ND 139
Docket Number: 20220064
Justia Opinion Summary: Alonna Knorr, formerly known as Alonna Knorr Norberg, appealed a money judgment entered in favor of Jon Norberg for Knorr’s share of unpaid expenses assigned to her under the divorce judgment. Knorr argued the district…
Date: July 21, 2022
Citation: 2022 ND 147
Docket Numbers: 20220077, 20220078, 20220079
Justia Opinion Summary: John Bridges appealed district court orders and judgments granting the State’s motions for summary judgment and denying Bridges’ applications for postconviction relief as untimely, barred by misuse of process and res…
Date: July 7, 2022
Citation: 2022 ND 138
Docket Number: 20210224
Justia Opinion Summary: David Mbulu appealed a district court order granting his application for post-conviction relief in part and denying it in part. In 2017, Mbulu was convicted of conspiracy to commit gross sexual imposition, accomplice to…
Date: July 7, 2022
Citation: 2022 ND 137
Docket Number: 20210288
Justia Opinion Summary: LuAnn Erickson appealed a district court order granting her motion to vacate its previous order recognizing a tribal court restraining order under N.D.R.Ct. 7.2, but concluding that the tribal court restraining order was…
Date: July 7, 2022
Citation: 2022 ND 136
Docket Number: 20210320
Justia Opinion Summary: Cody Berdahl appealed a divorce judgment entered following a bench trial in his divorce action against Joleen Berdahl. He argued the district court erred in distributing the marital property, in ordering him to pay…
Date: July 7, 2022
Citation: 2022 ND 134
Docket Number: 20210344
Justia Opinion Summary: Aisha Piker appealed an amended criminal judgment ordering her to pay restitution. In February 2021, the State charged Piker with aggravated assault after allegedly stabbing her boyfriend in the hand. In June 2021, Piker…
Date: July 7, 2022
Citation: 2022 ND 135
Docket Number: 20220071
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision to suspend McKayla Hanson’s driving privileges. Hanson was arrested for driving under the…
Date: June 23, 2022
Citation: 2022 ND 132
Docket Number: 20210295
Justia Opinion Summary: In May 2021, the State filed a complaint charging Madison Dearinger with hindering law enforcement, a class C felony, and false information to law enforcement, a misdemeanor. Under the felony count, the State alleged…
Date: June 23, 2022
Citation: 2022 ND 131
Docket Numbers: 20220129, 20220130, 20220131
Date: June 8, 2022
Citation: 2022 ND 119
Docket Number: 20210292
Justia Opinion Summary: Blue Appaloosa, Inc., appealed a judgment affirming an Industrial Commission order determining it violated N.D. Admin. Code ch. 43-02-03 by beginning construction of a treating plant prior to obtaining a permit or filing…
Date: June 8, 2022
Citation: 2022 ND 128
Docket Number: 20210332
Justia Opinion Summary: Robert Pulkrabek was convicted by jury in April 2017 on terrorizing and disorderly conduct. He was sentenced in November 2021. Pulkrabek argued a variety of events before and during the trial were structural errors in…
Date: June 8, 2022
Citation: 2022 ND 118
Docket Number: 20210333
Justia Opinion Summary: Christine Larson, doing business as Active Nutrition, appealed a judgment entered after the district court ordered Larson’s appeal be dismissed and denied her request for a writ of mandamus. In a notice of decision dated…
Date: June 8, 2022
Citation: 2022 ND 126
Docket Number: 20210339
Justia Opinion Summary: Ephrium Thomas appealed after a jury found him guilty of robbery and terrorizing a child victim. Thomas argued the district court erred in admitting evidence of a statement made by him to law enforcement. After review of…
Date: June 8, 2022
Citation: 2022 ND 122
Docket Number: 20210353
Justia Opinion Summary: Megan Christopher appealed a disorderly conduct restraining order entered against her, arguing the district court abused its discretion in issuing the order because reasonable grounds did not exist to believe she engaged…
Date: June 8, 2022
Citation: 2022 ND 123
Docket Number: 20220081
Justia Opinion Summary: A.L. appealed an order terminating his parental rights over A.C. A.L. argued the juvenile court erred in finding the Cass County Human Services Zone engaged in active efforts to prevent the breakup of an Indian family as…
Date: May 26, 2022
Citation: 2022 ND 105
Docket Number: 20210120
Justia Opinion Summary: Mark Rath appealed after the district court entered a third amended judgment in this divorce action from Kayla Rath (now Jones). After review, the North Dakota Supreme Court concluded the district court did not abuse its…
Date: May 26, 2022
Citation: 2022 ND 113
Docket Number: 20210135
Justia Opinion Summary: Dr. Jacob Schmitz appealed a district court judgment affirming the final order of the State Board of Chiropractic Examiners (“Board”) imposing discipline against him. He also appealed an order entered after a limited…
Date: May 26, 2022
Citation: 2022 ND 104
Docket Number: 20210186
Justia Opinion Summary: Koch Construction, Inc.; Marilyn Koch, Personal Representative of the Estate of Michael P. Koch; and Koch Property Investments, Inc. (collectively “appellants”) appealed the judgment and amended judgment entered in favor…
Date: May 26, 2022
Citation: 2022 ND 106
Docket Number: 20210209
Justia Opinion Summary: Terri Yellow Hammer appealed an amended criminal judgment awarding restitution in the amount of $193,885.59. Yellow Hammer pled guilty to criminal vehicular homicide and criminal vehicular injury arising out of a crash…
Date: May 26, 2022
Citation: 2022 ND 110
Docket Number: 20210290
Justia Opinion Summary: Derek Spitzer appealed a second amended judgment entered after he moved to amend a parenting judgment. Spitzer and Kate Anderson had a child, P.T.S., born in 2009. In 2010 the district court awarded Anderson primary…
Date: May 26, 2022
Citation: 2022 ND 107
Docket Number: 20210304
Justia Opinion Summary: Duane Landrus, Jr. appealed his conviction by jury for aggravated assault on a correctional officer. In March 2019, Landrus was instructed to go to the behavior intervention unit while in custody at the state…
Date: May 26, 2022
Citation: 2022 ND 109
Docket Number: 20210310
Justia Opinion Summary: S.P.L. appealed a judgment denying his petition to terminate M.T.’s parental rights and adopt K.M.T. He argued the district court erred in denying his request to terminate M.T.’s parental rights and failing to consider…
Date: May 26, 2022
Citation: 2022 ND 116
Docket Number: 20210313
Justia Opinion Summary: The State appealed an order granting Corey Wickham’s postconviction relief application. Wickham was found guilty of two counts of gross sexual imposition. Wickham filed an application for postconviction relief, arguing…
Date: May 26, 2022
Citation: 2022 ND 111
Docket Number: 20210326
Justia Opinion Summary: Lee Kathrein appealed a judgment piercing the veil of Kathrein Trucking, LLC. In May 2020, West Dakota Oil, Inc. sued Kathrein Trucking, LLC and its owner, Kathrein, for failing to pay for fuel West Dakota provided. West…
Date: May 12, 2022
Citation: 2022 ND 101
Docket Number: 20210199
Justia Opinion Summary: Dean Benter was convicted by jury on six counts of possession of certain materials prohibited. Benter argued he did not knowingly, intelligently, and voluntarily waive his right to counsel, and contended the district…
Date: May 12, 2022
Citation: 2022 ND 98
Docket Number: 20210225
Justia Opinion Summary: Workforce Safety and Insurance (“WSI”) sued law firm Boechler, P.C., and Jeanette Boechler, individually, to collect unpaid workers’ compensation premiums and penalties, and to enjoin them from employing others until…
Date: May 12, 2022
Citation: 2022 ND 95
Docket Number: 20210254
Justia Opinion Summary: Perry Oshiro II appealed a district court order denying his motion to correct his sentence. On appeal, Oshiro argue the court illegally sentenced him because the court did not give him credit for all the days he…
Date: May 12, 2022
Citation: 2022 ND 92
Docket Number: 20210258
Justia Opinion Summary: Dennis Henderson and James Henderson, individually and as co-trustees of the Rose Henderson Peterson Mineral Trust, appealed a district court judgment in which the court determined they paid themselves an unreasonable…
Date: May 12, 2022
Citation: 2022 ND 99
Docket Number: 20210265
Justia Opinion Summary: Bryon Updike appealed a divorce judgment, arguing the district court erred when it calculated child support and when it distributed the parties’ assets and debts. April Updike cross appealed, arguing the court erred when…
Date: May 12, 2022
Citation: 2022 ND 91
Docket Number: 20210319
Justia Opinion Summary: Chase Eikom appealed a second amended judgment entered after he moved to amend parenting time. He argued the district court erred in denying his request for parenting time on all major holidays and to extend time during…
Date: May 12, 2022
Citation: 2022 ND 96
Docket Number: 20210331
Justia Opinion Summary: Randy Houle was convicted by jury of aggravated assault and false information to law enforcement. On appeal, Houle argued the district court erred in improperly instructing the jury regarding circumstantial evidence.…
Date: May 12, 2022
Citation: 2022 ND 100
Docket Number: 20210356
Justia Opinion Summary: In November 2019, Josiah Koval pleaded guilty to stalking. Koval entered a conditional guilty plea to violating a protection order. He later appealed the denial of his motion to dismiss the charges against him, arguing…
Date: May 12, 2022
Citation: 2022 ND 102
Docket Number: 20210359
Justia Opinion Summary: The State appealed the dismissal of a criminal child neglect case against Antoinette Rodriguez. The State argued Rodriguez had sufficient notice of the charge against her, and the district court erred when it dismissed…
Date: May 12, 2022
Citation: 2022 ND 94
Docket Number: 20210360
Justia Opinion Summary: Mark McAllister appealed an amended judgment of condemnation that ultimately allowed the City of West Fargo to use its eminent domain power to acquire a right of way across his property. After review of the district…
Date: May 12, 2022
Citation: 2022 ND 97
Docket Numbers: 20220024, 20220025, 20220026
Date: April 28, 2022
Citation: 2022 ND 85
Docket Number: 20210244
Justia Opinion Summary: Energy Transfer LP and Dakota Access LLC (collectively, “Energy Transfer”) appealed an order and judgment affirming the North Dakota Private Investigative and Security Board’s (“Board”) order denying Energy Transfer’s…
Date: April 28, 2022
Citation: 2022 ND 83
Docket Number: 20210279
Justia Opinion Summary: Hudye Group LP (“Hudye”) appealed a district court judgment affirming the Ward County Board of Commissioners’ decision to deny Hudye’s applications for abatement or refund of taxes as untimely. Hudye filed applications…
Date: April 28, 2022
Citation: 2022 ND 87
Docket Number: 20210302
Justia Opinion Summary: Lisa Poitra appealed an order of eviction, arguing the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constituted a dependent Indian community, and a…
Date: April 28, 2022
Citation: 2022 ND 89
Docket Number: 20210324
Justia Opinion Summary: Allen Betz and Timothy Betz (“the Betzes”) appealed a district court’s order finding them to be vexatious litigants and requiring them to obtain leave of court prior to filing documents in any new or existing litigation.…
Date: April 28, 2022
Citation: 2022 ND 84
Docket Number: 20220036
Justia Opinion Summary: Energy Transfer LP and Dakota Access LLC (collectively, “Energy Transfer”) appealed an order for partial summary judgment certified as final by a district court. The court held documents the North Dakota Private…
Date: April 28, 2022
Citation: 2022 ND 86
Docket Number: 20220080
Justia Opinion Summary: Brenda and Gene Sauvageau petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to stop the Cass County Joint Water Resource District…
Date: April 14, 2022
Citation: 2022 ND 72
Docket Number: 20210210
Justia Opinion Summary: Richard Goodwin, II appealed a corrected criminal judgment entered after he conditionally pleaded guilty to actual physical control of a motor vehicle while under the influence - refusal. Goodwin was cited in September…
Date: March 31, 2022
Citation: 2022 ND 67
Docket Number: 20210178
Justia Opinion Summary: Donald Burris appealed a district court order denying his motion to eliminate or reduce spousal support paid to Luann Burris. Donald argued the court erred: (1) in determining there had not been a material change in…
Date: March 31, 2022
Citation: 2022 ND 68
Docket Number: 20210204
Justia Opinion Summary: Father J.R. appealed a juvenile court order finding his child, M.R., to be deprived; removing M.R. from the care, custody, and control of the parents; and placing M.R. with North Star Human Service Zone (“North Star”).…
Date: March 31, 2022
Citation: 2022 ND 66
Docket Number: 20210312
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing an administrative decision to suspend Bruce Beck’s driving privileges. The district court found the Department had failed to…
Date: March 17, 2022
Citation: 2022 ND 53
Docket Number: 20210111
Justia Opinion Summary: North Dakota Insurance Reserve Fund (“NDIRF”) appealed a judgment and orders granting Lance Hagen’s amended petition for a writ of mandamus requiring NDIRF to disclose documents under the open records law. NDIRF argued:…
Date: March 17, 2022
Citation: 2022 ND 63
Docket Number: 20210157
Justia Opinion Summary: Williams County and Williams County Commission (collectively, “County”) appealed a judgment in favor of Twin City Technical LLC, Three Horns Energy, LLC, Prairie of the South LLC, and Irish Oil & Gas, Inc. (collectively,…
Date: March 17, 2022
Citation: 2022 ND 57
Docket Number: 20210192
Justia Opinion Summary: Thomas Kaspari appealed an amended judgment awarding spousal support to Jean Kaspari entered after the first appeal in this case. The district court ordered Thomas to pay $7,000 per month in spousal support to Jean …
Date: March 17, 2022
Citation: 2022 ND 64
Docket Number: 20210211
Justia Opinion Summary: Joseph Schrodt appealed the judgment of divorce from Katie Schrodt. Joseph raised numerous issues including the district court’s denial of his request for a continuance, the court’s valuation of certain marital assets,…
Date: March 17, 2022
Citation: 2022 ND 51
Docket Number: 20210235
Justia Opinion Summary: Brian Johnson, Rodger Johnson, Lyle Johnson, New Partnership and Nor-Agra, Inc. (Defendants) appealed an amended judgment dissolving the Johnson Farms partnership. Defendants argued the district court erred in its…
Date: March 17, 2022
Citation: 2022 ND 59
Docket Number: 20210261
Justia Opinion Summary: Mackenzy Bazile appealed after a jury convicted him of gross sexual imposition. Bazile argued the district court erred in denying his motion for mistrial based on prosecutorial misconduct. Bazile also argued the court…
Date: March 17, 2022
Citation: 2022 ND 61
Docket Number: 20210262
Justia Opinion Summary: ason Canerdy appealed a district court order denying his motion for contempt and his motion to modify primary residential responsibility without an evidentiary hearing. Jason and Samantha Canerdy were divorced in June…
Date: March 17, 2022
Citation: 2022 ND 52
Docket Number: 20210273
Justia Opinion Summary: Dr. Jacob Schmitz appealed a district court judgment ordering: (1) the State Board of Chiropractic Examiners to disclose a limited portion of a recording from an April 2020 executive session of the Board; (2) denying the…
Date: March 17, 2022
Citation: 2022 ND 54
Docket Number: 20210307
Justia Opinion Summary: Komikka Gregory appealed a district court order summarily dismissing her petition for post-conviction relief. In 2018, a jury found Gregory not guilty of the charge of murder, but guilty of a charge of manslaughter. In…
Date: March 17, 2022
Citation: 2022 ND 65
Docket Number: 20220005
Justia Opinion Summary: St. Alexius Medical Center, d/b/a CHI St. Alexius Health Bismarck, requested a supervisory writ preventing enforcement of the district court’s order compelling disclosure of privileged information. Kevin McKibbage sued…
Date: March 3, 2022
Citation: 2022 ND 43
Docket Number: 20210155
Justia Opinion Summary: James Behrens appealed orders granting a petition for appraisal of a homestead, directing the sale of the homestead, and confirming the sale. After review, the North Dakota Supreme Court concluded the district court…
Date: March 3, 2022
Citation: 2022 ND 49
Docket Number: 20210160
Justia Opinion Summary: Corey Fleck appealed after a jury found him guilty of one count of theft of property by deception. In March 2019 Fleck sold cattle at Kist Livestock in Mandan. The cattle were subject to liens. Kist issued a check for…
Date: March 3, 2022
Citation: 2022 ND 44
Docket Number: 20210187
Justia Opinion Summary: David Gaddie appealed after a jury found him guilty of four counts of gross sexual imposition. Gaddie argued the jury instructions were confusing, the district court erred by not instructing the jury it must unanimously…
Date: March 3, 2022
Citation: 2022 ND 46
Docket Number: 20210216
Justia Opinion Summary: Neil McGinnis appealed a district court’s second amended criminal judgments entered after the court revoked his probation and resentenced him to five years’ imprisonment in case 08-2017-CR-00721 and five years’…
Date: February 25, 2022
Citation: 2022 ND 42
Docket Number: 20220042
Date: February 18, 2022
Citation: 2022 ND 32
Docket Number: 20200206
Justia Opinion Summary: This case involved three appeals after two limited remands by the North Dakota Supreme Court for additional proceedings at the district court. Kevin Johnson appealed several district court orders, a second amended…
Date: February 18, 2022
Citation: 2022 ND 31
Docket Number: 20210090
Justia Opinion Summary: In August 2020, two law enforcement officers were dispatched to an outdoor food vendor in Bismarck after receiving reports of two intoxicated individuals passed out under a picnic table. Officer Mehrer, one of the…
Date: February 18, 2022
Citation: 2022 ND 35
Docket Number: 20210116
Justia Opinion Summary: Grinnell Mutual Reinsurance Company appealed a district court judgment ordering it to pay Larry Pavlicek $214,045.55 under a commercial general liability insurance (CGL) policy Grinnell had with JRC Construction.…
Date: February 18, 2022
Citation: 2022 ND 28
Docket Number: 20210138
Justia Opinion Summary: Robyn Krile appealed a judgment dismissing her defamation claims against Julie Lawyer. In 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer’s destruction of…
Date: February 18, 2022
Citation: 2022 ND 29
Docket Numbers: 20210140, 20210141
Justia Opinion Summary: Mary Orwig appealed a district court order finding her in contempt and imposing remedial sanctions. She challenged whether the parties’ divorce judgment was an order from which non-compliance could result in a finding of…
Date: February 18, 2022
Citation: 2022 ND 30
Docket Number: 20210152
Justia Opinion Summary: The State charged Sheldon Davis with murder, endangering by fire or explosion, and arson after a body was discovered in his apartment following a fire. He was convicted intentional or knowing murder, endangering by fire,…
Date: February 18, 2022
Citation: 2022 ND 40
Docket Number: 20210170
Justia Opinion Summary: Holden Kastet appealed after a jury found him guilty of simple assault. Kastet argued the district court erred by failing to provide his requested jury instructions on self-defense and consent. According to trial…
Date: February 18, 2022
Citation: 2022 ND 37
Docket Number: 20210198
Justia Opinion Summary: Viviana Lovett appealed an order denying her motion to modify primary residential responsibility for the children she had with Antonio Lovett. Viviana argued the district court erred by finding she failed to establish a…
Date: February 18, 2022
Citation: 2022 ND 41
Docket Number: 20210202
Justia Opinion Summary: Darilyn Baker, individually and on behalf of a certified class, appealed an order denying her motion for a new trial after a jury returned a verdict in favor of RW Enterprises, Inc. and Randy Westby. This case has been…
Date: February 18, 2022
Citation: 2022 ND 34
Docket Number: 20210203
Justia Opinion Summary: Cori Willard appealed after she conditionally pleaded guilty to five drug-related offenses. She argued the district court erred in denying her motion to suppress because the arresting officer had no legal basis to stop…
Date: February 18, 2022
Citation: 2022 ND 39
Docket Number: 20210214
Justia Opinion Summary: Aaron Taylor appealed the district court’s Findings of Fact, Conclusions of Law, and Order for Third Amended Judgment modifying his parenting time, limiting his decisionmaking authority, and finding him in contempt. The…
Date: February 18, 2022
Citation: 2022 ND 38
Docket Number: 20210252
Justia Opinion Summary: Daniel Samaniego appealed after he was convicted of gross sexual imposition, a class AA felony. He argued there was insufficient evidence to prove the required force for the offense and whether the crime occurred in Cass…
Date: January 27, 2022
Citation: 2022 ND 27
Docket Number: 20210218
Justia Opinion Summary: Kendra Christiansen appealed a district court judgment affirming the Department of Transportation’s decision to suspend her license for 91 days. Christiansen was arrested for driving under the influence of alcohol. The…
Date: January 21, 2022
Citation: 2022 ND 24
Docket Number: 20210016
Justia Opinion Summary: Divide County, North Dakota appealed judgments dismissing its complaints against Stateline Services, Inc., Power Energy Logistics, LLC, and five individuals (collectively, “Defendants”), which alleged they operated…
Date: January 21, 2022
Citation: 2022 ND 24
Docket Number: 20210017
Date: January 21, 2022
Citation: 2022 ND 16
Docket Number: 20210083
Justia Opinion Summary: Michael Pomarleau appealed a divorce judgment and amended divorce judgment. On appeal, Michael challenged the calculation of Tanya Pomarleau’s income for child support obligations, the allocation of child tax credits,…
Date: January 21, 2022
Citation: 2022 ND 18
Docket Number: 20210128
Justia Opinion Summary: Robert Bolinske Sr. was convicted by jury of harassment. In October 2019, Robert Bolinske Jr. reported several threatening voicemails left on his office answering machine by Bolinske Sr. A Sheriff’s Deputy, who was…
Date: January 21, 2022
Citation: 2022 ND 22
Docket Number: 20210143
Justia Opinion Summary: Rodney Friesz appealed a district court’s order summarily dismissing his application for post-conviction relief. Friesz was convicted of manslaughter and arson following a jury trial in February 2016. In 2017, Friesz…
Date: January 21, 2022
Citation: 2022 ND 19
Docket Number: 20210147
Justia Opinion Summary: Karley Anderson appealed an order denying her motion to modify residential responsibility, and appealed a contempt order awarding attorney’s fees to Seth Pedie. Anderson argued the district court erred by concluding she…
Date: January 21, 2022
Citation: 2022 ND 17
Docket Number: 20210164
Justia Opinion Summary: Ralph Fischer appealed from an order denying his request for attorney’s fees under N.D.C.C. 27-08.1-04. In February 2018, Fischer and Darin Hoyt executed a Cattle Share Lease. Under the terms of the lease, Fischer rented…
Date: January 21, 2022
Citation: 2022 ND 20
Docket Number: 20210166
Justia Opinion Summary: Cudd Pressure Control, Inc. and WISCO, Inc. appealed a judgment entered in favor of Murex Petroleum Corporation in a personal injury case. As between WISCO and Murex, the case presented the question of whether a defense…
Date: January 6, 2022
Citation: 2022 ND 7
Docket Number: 20210011
Justia Opinion Summary: Brent Castleman was convicted by jury of child abuse. At trial, the mother testified she was in her daughter’s bedroom when Castleman entered the room, screamed at her, held her by the neck, and pushed her face into a…
Date: January 6, 2022
Citation: 2022 ND 8
Docket Number: 20210050
Justia Opinion Summary: Enerplus Resources (USA) Corporation (“Enerplus”) appealed an amended judgment and adverse summary judgment orders which held it liable for suspending royalty payments to Meyer Family Mineral Trust, Joann Deryce…
Date: January 6, 2022
Citation: 2022 ND 2
Docket Number: 20210074
Justia Opinion Summary: Dean Gerving appealed a second amended judgment modifying his child support obligation. Gerving argued the district court erred in calculating his net income and erred by denying his request for a downward deviation in…
Date: January 6, 2022
Citation: 2022 ND 13
Docket Number: 20210077
Justia Opinion Summary: Clark Beach appealed a district court order denying his petition for formal probate of a holographic will. Clark was the brother of Skip Beach (“decedent”). The decedent lived in Golden Valley County, North Dakota. He…
Date: January 6, 2022
Citation: 2022 ND 1
Docket Number: 20210113
Justia Opinion Summary: Jeanne and Nevin Tergesen appealed a judgment dismissing their complaint and awarding Nelson Homes, Inc. damages for its breach of contract counterclaim. The Tergesens argued the district court erred in dismissing their…
Date: January 6, 2022
Citation: 2022 ND 3
Docket Number: 20210175
Justia Opinion Summary: Emile Dargbeh appealed after he was convicted by jury on two counts of forgery. In March and April 2020, Dargbeh cashed three forged checks from Dacotah Paper Company. Each check was written out to Emile Dargbeh in an…
Date: January 6, 2022
Citation: 2022 ND 11
Docket Numbers: 20210193, 20210194
Justia Opinion Summary: Shane Lance Yates and Amy Jo Yates (“Petitioners”) appealed district court orders denying their petitions for name changes and requests for reconsideration. They argued the district court erred in concluding their…
Date: January 6, 2022
Citation: 2022 ND 9
Docket Number: 20210213
Justia Opinion Summary: Charles Mayland appealed his conviction for being in actual physical control of a motor vehicle while under the influence. Mayland entered a conditional plea of guilty, preserving his right to appeal the denial of his…
Date: January 6, 2022
Citation: 2022 ND 12
Docket Number: 20210227
Justia Opinion Summary: Phillip Armstrong appealed a judgment dismissing his amended complaint. The district court granted dismissal of the amended complaint after finding Armstrong had failed to exhaust his administrative remedies. In 1996,…
Date: January 6, 2022
Citation: 2022 ND 10
Docket Number: 20210229
Justia Opinion Summary: North Dakota Workforce Safety & Insurance ("WSI") appealed after a district court affirmed an ALJ’s decision reversing WSI’s imposition of derivative premium liability on Brendel Construction, Inc. for unpaid premiums…
Date: January 6, 2022
Citation: 2022 ND 15
Docket Number: 20210280
Justia Opinion Summary: Donna Wald petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to vacate an order denying her demand for a change of judge and to…
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