North Dakota Supreme Court Decisions 2023

Justia Opinion Summary: Terry Carter and Brenda Ciccone appealed a district court judgment in the informal probate of Allan Froemke’s will. Reginald Froemke, the personal representative of Allan Froemke’s Estate, Terry Carter, and Brenda…

Justia Opinion Summary: Mercy Medical Center d/b/a CHI St. Alexius Health Williston; and David Keene, M.D. (Defendants), appealed an amended judgment awarding Michael and Kimberly Davis $1,660,000 in damages and $204,973.31 in costs and…

Justia Opinion Summary: Arthur Kollie was convicted by jury of murder, robbery, and aggravated assault. In June 2021, Jane Doe was walking from her father’s home to her mother’s home in south Fargo when she was attacked in an alley. A truck…

Justia Opinion Summary: Jason Sayler appealed an amended judgment entered after a bench trial on the issue of parental responsibility. He argued the district court’s award of primary residential responsibility to Mari Sayler in Minnesota was…

Justia Opinion Summary: The State appeals from a district court’s judgment granting post-conviction relief to Cassandra Black Elk. The State argues the court erred by relying on hearsay testimony and in finding defense counsel’s conduct fell…

Justia Opinion Summary: Ronald Wootan appealed a district court’s order granting summary judgment in favor of the State. Wootan was initially charged with murder, attempted murder, terrorizing, reckless endangerment, and preventing arrest or…

Justia Opinion Summary: Jered Petersen appealed a criminal judgment entered on a conditional plea of guilty to actual physical control of a vehicle while under the influence of alcohol, reserving the right to appeal the order denying his motion…

Justia Opinion Summary: Defendants GADECO, LLC, and Continental Resources, Inc. appealed a judgment quieting title in oil and gas leasehold interests in Zavanna, LLC. Zavanna and the Defendants made competing claims to oil and gas leasehold…

Justia Opinion Summary: Jeffrey Edison appealed a divorce judgment and an amended judgment awarding primary residential responsibility for two children to Signe Edison, arguing error in the form of gender bias and in the court’s finding that…

Justia Opinion Summary: Jerome Lowe, Jr. appealed a domestic violence protection order restraining him from contact with Lori Legacie-Lowe for 12 months. The North Dakota Supreme Court retained jurisdiction and remanded with instructions for…

Justia Opinion Summary: Nicholas Larsen appealed orders revoking probation entered in three criminal cases. Larsen argued the district court imposed illegal sentences. In November 2020, the district court entered judgment in criminal case no.…

Justia Opinion Summary: Savanna Perales appealed a district court order requiring her to return her children to North Dakota. Perales and Erik Gonzalez were divorced by a Texas divorce decree. After the divorce, both parties lived in North…

Justia Opinion Summary: S.L.S., biological mother of D.M.H., appeals from an order reappointing J.H.T. and L.H.T. as D.M.H’s guardians and adopting a prior visitation schedule as the current visitation schedule. The North Dakota Supreme Court…

Justia Opinion Summary: Tyler Vetter appealed a fifth amended judgment entered after the district court denied his motion to hold Amy Salter in contempt and, on its own motion, invoked N.D.R.Civ.P. 60(a) to modify a fourth amended judgment. The…

Justia Opinion Summary: Andrew Hennessey appealed a district court order dismissing with prejudice his action against the Milnor School District (“District”). The District employed Hennessey as a teacher for the 2021-2022 school year. In…

Justia Opinion Summary: Robert Goff appealed an order denying his request for costs and attorney’s fees relating to the Department of Transportation’s suspension of Goff’s driving privileges. In December 2021, Fargo police officers arrested…

Justia Opinion Summary: The Department of Corrections and Rehabilitation (“DOCR”) petitioned the North Dakota Supreme Court to exercise its original supervisory jurisdiction to direct the Honorable Judge Stacy Louser (hereinafter “district…

Justia Opinion Summary: Fritz Opp appealed the dismissal of his case for want of jurisdiction. Opp attempted to appeal a Bureau of Criminal Investigation (“BCI”) decision denying his application for a concealed weapons license under N.D.C.C.…

Justia Opinion Summary: Michael Bullinger appealed a district court judgment dismissing his declaratory judgment action seeking a determination of whether Sundog Interactive, Inc. (“Sundog”) violated N.D.C.C. § 10-19.1-88 and whether the…

Justia Opinion Summary: Ryan Fleck appealed the denial of his motion to amend a parenting plan. He argued the district court erred in allowing Dana Fleck to testify, and he made various challenges to the court’s findings. After review, the…

Justia Opinion Summary: Nicholas Otten appealed a district court judgment entered after a bench trial on divorce proceedings. On appeal, he argued the court erred by denying his motion to continue trial. He also argued the court erroneously…

Justia Opinion Summary: Jeremy Knight appealed the denial of his motion to vacate the criminal judgment and for a new trial and a criminal judgment entered after a jury found him guilty of gross sexual imposition. Jury deliberations began on…

Justia Opinion Summary: A.D. appealed on behalf of her son G.R.D., a court order placing him in the custody of the Division of Juvenile Services (DJS). In September 2022, G.R.D. was charged with committing simple assault on his mother. He was…

Justia Opinion Summary: Lance Hagen filed a public records request related to a condemnation case he was a party to involving the City of Lincoln and North Dakota Insurance Reserve Fund (“NDIRF”). Hagen sought to determine how the City of…

Justia Opinion Summary: Derrick Dogbe appealed district court’s order denying his motion to modify primary residential responsibility, an order denying his motion to vacate the modification order, and an order awarding attorney’s fees to…

Justia Opinion Summary: Darrell Redpaint appealed an order summarily denying his application for postconviction relief. In 1981, Redpaint was convicted of two counts of murder. The judgment of conviction was affirmed on direct appeal. Redpaint…

Justia Opinion Summary: Cassandra Smith, formerly Goetz, appealed a judgment awarding her and Joshua Goetz equal residential responsibility of their minor children and awarding Goetz primary decision making responsibility. In Goetz v. Goetz,…

Justia Opinion Summary: Bret Sullivan appealed a corrected criminal judgment after he pled guilty to driving under the influence. Corporal Harold Rochester stopped Sullivan’s vehicle because it was speeding and failed to remain in its lane.…

Justia Opinion Summary: The State appealed a district court’s criminal judgment dismissing with prejudice a charge of gross sexual imposition against Bradley Graff. Because the district court did not provide adequate findings to support a…

Justia Opinion Summary: William Borlay appealed his eviction from an apartment for debts accrued under two leases, and an order for him to pay damages to Hegenes Apartment Management. In December 2021, Hegenes and Borlay executed a six-month…

Justia Opinion Summary: Michael Ewing, in his capacity as personal representative, appealed a district court’s judgment, amended judgment, and order on motion to show cause. Ewing was the personal representative of the estate of Chiyoko Ewing,…

Justia Opinion Summary: William Gehlhoff appealed a district court order denying his application for discharge from civil commitment as a sexually dangerous individual. On appeal, Gehlhoff argued the district court erred in finding by clear and…

Justia Opinion Summary: Cameron and Danielle Mickelson appealed a district court order granting summary judgment to the City of Rolla and the subsequently entered judgment. Their attorney, Rachael Mickelson Hendrickson, requested records from…

Justia Opinion Summary: Charles Brame appealed his conviction on two counts of sexual assault. Brame argued the district court failed to abide by Rule 11 of the North Dakota Rules of Criminal Procedure and was biased in sentencing him. The…

Justia Opinion Summary: Mary Orwig appealed after a district court entered a corrected summary real estate disposition judgment, an order on plaintiff’s attorney’s fees, an order denying her motion for contempt, and an order granting Steven…

Justia Opinion Summary: Susan Coons appealed a criminal judgment finding her guilty of forgery. During jury selection, the district court informed the jury panel that the potential jurors had the option to speak with the court “in private” in a…

Justia Opinion Summary: Gabriel Asumeng appealed a judgment dividing the marital estate and awarding Vivian Asiama primary residential responsibility of the parties’ children. The North Dakota Supreme Court concluded the district court did not…

Justia Opinion Summary: Corey Gardner was convicted by jury of child abuse. On appeal, she argued improper jury instructions resulted in obvious error. She also argued insufficient evidence supports the conviction. Finding no reversible error,…

Justia Opinion Summary: Drew Noble was convicted by jury on multiple counts. On appeal to the North Dakota Supreme Court, Noble limited his issue to counts 12, 13, 14, and 15 in case no. 53-2021-CR01142, arguing there was insufficient evidence…

Justia Opinion Summary: Jason O’Neal pled guilty to attempted murder and was sentenced to fifteen years incarcerated. He applied for post-conviction relief based on newly discovered evidence and ineffective assistance of counsel. The district…

Justia Opinion Summary: Bejan Etemad was convicted by jury of terrorizing. He applied for post-conviction relief, arguing there were errors in the jury selection process that constituted a reversible error. Etemad’s application was summarily…

Justia Opinion Summary: Andrew Glasser appealed a district court’s denial of his application for post-conviction relief. Glasser pled guilty to child abuse, tampering with evidence and possession of child sexual abuse materials. Glasser filed…

Justia Opinion Summary: Evan Lonechild was charged with escape after being placed in the Lake Region Residential Reentry Center (“Reentry Center”) following a probation violation and subsequently failing to return to the facility while…

Justia Opinion Summary: Rocket Dogs K-9 Aquatics & Wellness Center, LLC (“Rocket Dogs”) appealed the dismissal of its action against Derheim, Inc., dba My Aquatic Services, and Troy Derheim (“Derheim”), with prejudice. The North Dakota Supreme…

Justia Opinion Summary: G.L.D. appeals from a district court order denying his petition for discharge from commitment as a sexually dangerous individual. In 1996, G.L.D. was incarcerated after a conviction for gross sexual imposition. As his…

Justia Opinion Summary: P.S. appealed a district court’s judgment denying his petition to be discharged from civil commitment as a sexually dangerous individual. P.S. argued the court erred in finding he had serious difficulty controlling his…

Justia Opinion Summary: Alvin Brown appealed an order revoking probation. In 2020, Brown pled guilty to two counts of endangerment of a child, a class C felony. The district court sentenced him to a term of incarceration followed by two years…

Justia Opinion Summary: Jorge Sanchez was convicted by jury of gross sexual imposition in violation of N.D.C.C. § 12.1-20- 03(2)(c), sexual contact—victim unaware. Sanchez argued on appeal the district court erred by allowing hearsay evidence…

Justia Opinion Summary: Blue Steel owned an unleased oil and gas interest in the Clarks Creek-Bakken Pool, McKenzie County, North Dakota. In 2012, the Commission pooled all pertinent oil and gas interests in the Clarks Creek-Bakken formation…

Justia Opinion Summary: Farm Family Casualty Insurance Company (“Farm Family”) appealed after the district court granted summary judgment to Nodak Insurance Company (“Nodak”) and denied, in part, summary judgment to Farm Family. This case arose…

Justia Opinion Summary: T.L.B. appealed a district court judgment changing the surname of her child from T.L.B.’s surname to a hyphenated surname under N.D.C.C. § 14- 20-57(7). The child’s hyphenated name combined her father’s and mother’s…

Justia Opinion Summary: David Kutcka, Tammy Dejno, as personal representative of Austin Dejno’s estate, and Tammy Dejno, as wrongful death plaintiff (collectively, “Plaintiffs”) appealed the dismissal of their negligence claims against Gateway…

Justia Opinion Summary: Wayne Anderson appealed, and Renee Anderson cross-appealed the parties' divorce judgment. The parties raised issues concerning the district court’s marital estate valuation and distribution. Wayne also argued the court…

Justia Opinion Summary: Jerome Lowe, Jr. appealed the grant of a domestic violence protection order, arguing the district court erred in granting the order and failed to make sufficient findings to enable the North Dakota Supreme Court to…

Justia Opinion Summary: Matthew Walsh appealed an amended criminal judgment entered against him. In 2021, Walsh was charged with theft of property. Walsh argued the district court did not follow N.D.R.Crim.P. 11(b)(1) and advise him of its…

Justia Opinion Summary: Alexander Nelson appealed a district court judgment affirming the Department of Transportation hearing officer’s decision revoking his driving privileges for two years. After review, the North Dakota Supreme Court…

Justia Opinion Summary: Michael Knudsen appealed a district court order determining Knudsen did not establish a prima facie case for modification of primary residential responsibility and denying his motion to modify primary residential…

Justia Opinion Summary: Demoris Frederick was convicted by jury of aggravated assault. Frederick argued the district court created a structural error by denying his constitutional right to a public trial, and created a reversible error by…

Justia Opinion Summary: Travis Smith was convicted by jury of aggravated assault. Smith argued questions from the State during trial amounted to prosecutorial misconduct and burden shifting. Smith further argued the district court violated his…

Justia Opinion Summary: Victoria Fietzek and Henry Fietzek cross-appealed a divorce judgment. Victoria argued the district court erred in: (1) its Ruff-Fischer analysis; (2) the distribution of the marital estate; (3) the valuation of the…

Justia Opinion Summary: Benjamin Hannesson appealed his convictions for gross sexual imposition, burglary, theft of property, terrorizing, felonious restraint, and two counts of physical obstruction of a government function. The charges were…

Justia Opinion Summary: Brian Schaf was convicted by jury of gross sexual imposition and disorderly conduct. Schaf argued on appeal that the district court: (1) abused its discretion in excluding expert testimony; (2) erred in denying Schaf’s…

Justia Opinion Summary: Michael Neugebauer appealed a district court order denying his motion for a sentence reduction. In 1992, Neugebauer was charged with four counts of murder. Neugebauer pled guilty to all counts and was sentenced to life…

Justia Opinion Summary: Mark Rath appeals from a disorderly conduct restraining order directing him to have no contact with Kayla Jones for one year. In 2013, Rath and Jones divorced. Together they had two children. In July 2022, Jones filed a…

Justia Opinion Summary: The North Dakota Department of Health and Human Services1 appealed a district court judgment reversing the Department’s order affirming the denial of Joseph Jahner’s application to enroll as a Medicaid provider. n…

Justia Opinion Summary: Johnny Beach, the former personal representative of the estate of Louis Lindbo, appealed a district court order denying his motion for payment of personal representative fees. The North Dakota Supreme Court concluded the…

Justia Opinion Summary: Workforce Safety and Insurance (“WSI”) and John Sandberg appealed a district court judgment affirming in part and reversing in part an Administrative Law Judge’s (“ALJ”) decision on remand, entered after the North Dakota…

Justia Opinion Summary: Jonathan Linner was convicted by jury of continuous sexual abuse of a child. He appealed. The North Dakota Supreme Court concluded no structural error occurred when the district court closed the courtroom for limited…

Justia Opinion Summary: Defendants appealed a judgment and order denying their motion for a new trial after a jury found in favor of plaintiffs on their claims of breach of contract, conversion, deceit, defamation, and unlawful interference…

Justia Opinion Summary: Secura Supreme Insurance Company appealed a judgment ordering Secura to indemnify Scott Differding for damages awarded against him in a tort case. The district court, deciding cross motions for summary judgment, held…

Justia Opinion Summary: Senske Rentals, LLC, appeals a district court’s order affirming the City of Grand Forks Special Assessment Commission’s decision to specially assess property for street improvements. Senske argues the Special Assessment…

Justia Opinion Summary: Cassandra Goetz appealed a corrected amended judgment awarding her and Joshua Goetz equal residential responsibility of their minor children and awarding Joshua primary decision making responsibility. After review, the…

Justia Opinion Summary: Mark Rath appealed an order denying his motion to modify child support. He argued the district court erred when it applied the North Dakota Supreme Court’s vexatious litigant pre-filing order, when it allowed the State…

Justia Opinion Summary: Brandon Tompkins was convicted for driving under the influence (“DUI”) and actual physical control (“APC”). Tompkins argued on appeal of the convictions that the district court erred by providing jury instructions…

Justia Opinion Summary: Brandon Grant appealed a third amended judgment after a jury found him guilty of three counts of attempted murder and three counts of aggravated assault. Grant argued the State’s peremptory strike of a potential juror…

Justia Opinion Summary: Chad Isaak died after appealing a criminal judgment entered against him. His counsel argued the case should have either been dismissed because the judgment was not yet final, or the appeal should have been decided on the…

Justia Opinion Summary: Michael Brockmeyer appealed a district court order denying his motion to modify his joint residential responsibility to primary residential responsibility. He argued the district court erred: (1) as a matter of law by…

Justia Opinion Summary: Miguel Andrews appealed a divorce judgment dividing the marital estate between Candice Crichlow and him. After review, the North Dakota Supreme Court conclude the district court clearly erred by including in the marital…

Justia Opinion Summary: Dondarro Watts was convicted by jury of indecent exposure. Watts argued on appeal: (1) the district court abused its discretion regarding an evidentiary ruling; (2) the jury did not have sufficient evidence to convict…

Justia Opinion Summary: Dacotah Ryder Hanson was found guilty by jury of leaving the scene of an accident involving death and manslaughter. In November 2018, a fatal motor vehicle rollover occurred near Tioga, North Dakota. Officers responded…

Justia Opinion Summary: North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota (“the State”), sought a supervisory writ to vacate a district court’s order granting a preliminary injunction enjoining enforcement of…

Justia Opinion Summary: 4201 2nd Ave. W., LLC, d.b.a. Safari Fuels 105 (“4201”) appealed a district court’s judgment finding First State Bank & Trust, formerly First National Bank & Trust Company (“the bank”), held a valid and enforceable…

Justia Opinion Summary: Nodak Insurance Company (“Nodak”) appealed, and John D. Miller, Jr. d/b/a John Miller Farms, Inc. and JD Miller, Inc. (collectively, “Miller”) cross-appealed a judgment determining Miller’s insurance policy with Nodak…

Justia Opinion Summary: Olympic Financial Group, Inc., (“Olympic Financial”) and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial…

Justia Opinion Summary: Transform Operating Stores, LLC d/b/a Transformco Operating Stores LLC; Transform SR Brands LLC d/b/a Transformco d/b/a Kmart; and Transform KM LLC (collectively, “Transform”) appealed after a North Dakota district court…

Justia Opinion Summary: Plaintiffs William Kainz and GeoChemicals, LLC appealed a district court’s order granting Jacam Chemical Co. 2013, LLC’s motion to abate and an order and judgment awarding attorney’s fees to Jacam. Plaintiffs argued the…

Justia Opinion Summary: Angus Kennedy owned real property and mineral interests in McKenzie County, North Dakota. In 1960, Angus and his wife, Lois, executed two deeds conveying the surface and “excepting and reserving unto the parties of the…

Justia Opinion Summary: Brian Sternberg appealed a district court order civilly committing him as a sexually dangerous individual. In 1992, Sternberg was convicted of corruption of a minor. He was incarcerated in late 1993 and remained on…

Justia Opinion Summary: Karena and Keith Jensen (“Jensens”), as foster parents to A.P., appealed a juvenile court’s order denying their motion to modify and order approving a transition plan. Because the Jensens were not “aggrieved parties”…

Justia Opinion Summary: Lane Knudsen, Ann Gochnour, and Marcia Talley and David Talley, Trustees of the Marcia K. Talley Living Trust (Landowners), appeal from a district court judgment foreclosing Henry Hill Oil Services LLC’s construction…

Justia Opinion Summary: Jim Arthaud appeals a district court judgment granting Jim Fuglie’s motion to dismiss. Arthaud sued Fuglie, alleging Fuglie published a defamatory statement in his internet blog titled “A Bridge to Nowhere.” The blog was…

Justia Opinion Summary: Heather Kitzan appealed a judgment entered following a bench trial in her divorce action against Justun Kitzan asserting the district court erred in including certain items as marital property, in distributing the…

Justia Opinion Summary: Brian and April Szostak appealed a district court’s order granting a second motion for sanctions, and the court’s finding of facts, conclusions of law, and order for judgment and judgment. Panther Pressure Testers Inc.,…

Justia Opinion Summary: Travis Hoffman appealed an amended judgment and orders denying his motion to modify residential responsibility and granting Tia Hoffman’s motion for a change of residence to relocate out of state with their minor child.…

Justia Opinion Summary: R.F. appealed a juvenile court order appointing a guardian for R.F.’s and S.V.’s children and restricting contact and visitation between the parents and children. C.B. filed petitions for guardianship of G.V. and S.V.,…

Justia Opinion Summary: John and Tammy Sadek appealed orders denying their post-judgment motion and sanctioning their attorney under N.D.R.Civ.P. 11. Jason Weber was a Richland County, North Dakota sheriff’s deputy. Sadek acted as a…

Justia Opinion Summary: Joshua Bowen appealed a criminal judgment entered after a jury found him guilty of driving under the influence of alcohol. The North Dakota Supreme Court affirmed, concluding the district court did not err in finding…

Justia Opinion Summary: L&C Expedition, LLC (“L&C”) appealed the grant of summary judgment in favor of International Fidelity Insurance Company (“IFIC”) and denying summary judgment to L&C. L&C contracted with Unlimited Excavating (“Unlimited”)…

Justia Opinion Summary: Mark Rath appealed district court orders granting the State’s request for an extension of time to file pleadings, granting two protective orders to Heather Zins, denying two applications to file motions subject to a then…

Justia Opinion Summary: Travis Iversen appealed a judgment entered in favor of appellee, Larson Latham Huettl, LLP (hereafter “LLH”), and an order denying relief from judgment under N.D.R.Civ.P. 59(j). Iversen was an attorney employed by LLH…

Justia Opinion Summary: Stefan Dunn appealed after he pled guilty to three counts of violation of a domestic violence protection order and a single count of preventing arrest. The district court then asked Dunn multiple questions regarding his…

Justia Opinion Summary: Trevon Thompson appealed a judgment and order denying a motion to suppress. In late 2021, the Devils Lake Police Department received a call about possible drug activity at a Devils Lake motel. The Department provided the…

Justia Opinion Summary: Jesse Keidel appealed a district court judgment affirming an administrative law judge’s (ALJ) decision denying Keidel permanent partial impairment (PPI) benefits. In May 1996, Keidel suffered a work-related injury to the…

Justia Opinion Summary: Ayrica Penor, formerly Ayrica Jensen, appealed a district court order denying her motion to modify primary residential responsibility. On appeal, Penor argued the district court erred in determining that she failed to…

Justia Opinion Summary: Paul Reed appealed a district court judgment modifying his child support obligation, arguing the court erred in determining his gross income. Reed had two separate sources of income: a military disability benefit of…

Justia Opinion Summary: Shilo Knutson petitioned for a supervisory writ to overturn the district court’s order denying summary judgment and to direct the court to grant his motion for summary judgment on his post-conviction relief application.…

Justia Opinion Summary: The State appealed from a district court order granting a motion to suppress evidence in a case against Shawnee Krall. The State charged Krall with murder and gross sexual imposition. Krall entered a plea of not guilty.…

Justia Opinion Summary: Steven Rademacher appeals from criminal judgments after a jury found him guilty of murder, attempted murder and terrorizing. On July 29, 2019, a vehicle driven by Rademacher struck three people. At trial Rademacher…

Justia Opinion Summary: De’Jonte Smith was convicted by jury of reckless endangerment and tampering with physical evidence. The North Dakota Supreme Court affirmed the conviction for reckless endangerment, concluding the district court did not…

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…

Justia Opinion Summary: Defendants Eagle Crest Apartments, LLC, et al. appealed a judgment awarding UMB Bank N.A. more than $21 million in an action for breach of contract, foreclosure, fraudulent transfers, and deceit. The Defendants raised a…

Justia Opinion Summary: In 2017, Michael Tharaldson died and a probate action was opened to administer his estate. Tharaldson was unmarried and had three children, including E.M. The district court found he died intestate. In 2019, Bell Bank…

Justia Opinion Summary: Chad Quamme appealed an amended judgment setting his child support obligation and ordering him to pay spousal support to Ashley Quamme. After review, the North Dakota Supreme Court concluded the district court failed to…