North Dakota Supreme Court Decisions 2018
Date: December 11, 2018
Citation: 2018 ND 274
Docket Numbers: 20170413, 20170414, 20170415, 20170416, 20170417, 20170418
Justia Opinion Summary: The North Dakota State Board of Registration for Professional Engineers and Land Surveyors ("Board") appealed district court judgments affirming in part, reversing in part, and remanding to the Board its disciplinary…
Date: December 6, 2018
Citation: 2018 ND 266
Docket Number: 20180020
Justia Opinion Summary: Anquine White appealed a district court judgment after a jury found him guilty of drug, paraphernalia and firearm possession. White argued officers conducted a warrantless, suspicionless probationary search and violated…
Date: December 6, 2018
Citation: 2018 ND 271
Docket Number: 20180065
Justia Opinion Summary: Hurley Oil Properties, Inc. and Bill Seerup appealed a judgment awarding money damages instead of specific performance for Orville Hiepler's breach of contract, the Mineral Deed, conveying real property. Seerup and…
Date: December 6, 2018
Citation: 2018 ND 254
Docket Number: 20180072
Justia Opinion Summary: Jeremy Ferderer appealed a January 25, 2018 order entered after the district court initially denied his self-represented motions under N.D.R.Crim.P. 35(a) for correction of an illegal sentence and for summary judgment,…
Date: December 6, 2018
Citation: 2018 ND 267
Docket Number: 20180074
Justia Opinion Summary: Larry Alber appealed a January 2018 order amending a 2013 order which found Alber in contempt for failure to abate a nuisance on his property in compliance with a October 2003 judgment. He argued the judgment was…
Date: December 6, 2018
Citation: 2018 ND 268
Docket Number: 20180080
Justia Opinion Summary: Trevor Rustad appealed the district court's judgment granting primary residential responsibility of his two children to their mother, Mary Baumgartner, and setting a parenting time plan for Rustad. He argued the district…
Date: December 6, 2018
Citation: 2018 ND 260
Docket Number: 20180083
Justia Opinion Summary: Aaron Kulink appealed an order denying discharge from commitment as a sexually dangerous individual. Kulink argued: (1) the district court did not make sufficient findings on the "likely to reoffend" and "serious…
Date: December 6, 2018
Citation: 2018 ND 256
Docket Number: 20180093
Justia Opinion Summary: Nathan Bornsen appealed the judgment entered following his conditional plea of guilty to a charge alleging he had been driving under the influence with one prior offense. Bornsen argued the district court erred in…
Date: December 6, 2018
Citation: 2018 ND 259
Docket Number: 20180097
Justia Opinion Summary: Chad Schultz appealed a final judgment and decree of divorce entered on January 17, 2018 dissolving his marriage to Kelli Schultz. Chad and Kelli were married in September 2008 following a one and one-half- year period…
Date: December 6, 2018
Citation: 2018 ND 258
Docket Number: 20180114
Justia Opinion Summary: Brittany Green appealed a district court's order denying her motion to relocate with the parties' minor child and granting Scott Swiers' motion to modify parenting time. Green argued the district court erred in denying…
Date: December 6, 2018
Citation: 2018 ND 273
Docket Number: 20180116
Justia Opinion Summary: Shannon Bakke appeals a judgment in favor of Magi-Touch Carpet One Floor & Home, Inc. and denial of her motion to amend her complaint. Bakke entered into a contract with Magi-Touch for the installation of floor tiles, a…
Date: December 6, 2018
Citation: 2018 ND 264
Docket Number: 20180128
Justia Opinion Summary: Rocky Stein appealed a district court's order summarily dismissing his petition for post-conviction relief. Stein was the driver of one of two vehicles involved in an accident that occurred in September 2013. The driver…
Date: December 6, 2018
Citation: 2018 ND 262
Docket Number: 20180141
Justia Opinion Summary: Shane Martin appealed an order denying his N.D.R.Civ.P. 60(b) motion for relief from default judgment. Martin was the biological father of Cheri Poitra's child, I.R.P. Martin and Poitra were unmarried tribal members of…
Date: December 6, 2018
Citation: 2018 ND 261
Docket Number: 20180146
Justia Opinion Summary: Wilbur Paul Hunts Along appealed a judgment affirming the Department of Transportation's revocation of his driving privileges for two years. Hunts Along argued the Department failed to show that Hunts Along refused to…
Date: December 6, 2018
Citation: 2018 ND 255
Docket Number: 20180155
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Dustin LeClair's driving privileges. The Department argued the district court erred in…
Date: December 6, 2018
Citation: 2018 ND 269
Docket Number: 20180161
Justia Opinion Summary: Dalyn Vollrath appealed a district court order requiring him to pay Pembina County, North Dakota $5,000 for guardian ad litem fees. Because the order was issued after the conviction was final and the issue was not…
Date: December 6, 2018
Citation: 2018 ND 253
Docket Number: 20180164
Justia Opinion Summary: Chance Innis, Cammie Wold, and Roadrunner Hotshot & Services, LLC ("RHS"), appealed a judgment awarding Louis Tornabeni $145,536.53 from Innis, and awarding Tornabeni $477,521.49, jointly and severally, from Wold and…
Date: December 6, 2018
Citation: 2018 ND 263
Docket Number: 20180202
Justia Opinion Summary: Scott and Shannon Dahms appealed the grant of summary judgment which dismissed their action against Nodak Mutual Insurance Company to obtain additional insurance payments, and against their insurance agent, Mike…
Date: December 6, 2018
Citation: 2018 ND 270
Docket Number: 20180203
Justia Opinion Summary: Nicholas Lechner appealed a judgment affirming an administrative order sustaining a Workforce Safety and Insurance ("WSI") order denying his claim for workers' compensation benefits. Lechner argued he proved by the…
Date: December 6, 2018
Citation: 2018 ND 272
Docket Number: 20180227
Justia Opinion Summary: The City of Grand Forks appealed a district court order suppressing the results of Thomas Barendt's chemical breath test after the City charged Barendt with actual physical control of a vehicle while under the influence…
Date: December 6, 2018
Citation: 2018 ND 265
Docket Numbers: 20180326, 20180327
Justia Opinion Summary: C.S. appealed a district court's order terminating his parental rights to A.S. and Z.S. C.S. argued the district court erred in finding he abandoned the children and finding the causes of deprivation were likely to…
Date: December 6, 2018
Citation: 2018 ND 257
Docket Number: 20180341
Justia Opinion Summary: A.E., the mother of A.L.E., appealed a judgment terminating her parental rights. The record revealed that A.E. has struggled with substance abuse before and after A.L.E.'s birth. Her substance abuse resulted in multiple…
Date: November 19, 2018
Citation: 2018 ND 247
Docket Number: 20180029
Justia Opinion Summary: The Johnston Law Office appeals from a judgment dismissing its claims against Jon Brakke and Vogel Law Firm (collectively "Vogel"). Johnston argued the district court erred in granting summary judgment and dismissing its…
Date: November 15, 2018
Citation: 2018 ND 246
Docket Number: 20160436
Date: November 13, 2018
Citation: 2018 ND 245
Docket Number: 20170127
Justia Opinion Summary: In May 2016 Walsh County, North Dakota notified Jann Thompson she failed to pay her 2013 property taxes. The notice stated the County would foreclose on the property unless Thompson paid the taxes by October 1, 2016.…
Date: November 6, 2018
Citation: 2018 ND 244
Docket Number: 20170389
Justia Opinion Summary: Mark Rogers appealed his conviction for gross sexual imposition ("GSI"). Rogers argued the district court: (1) violated his Sixth Amendment right to a public trial by closing his competency hearing on March 28, 2017; and…
Date: November 6, 2018
Citation: 2018 ND 241
Docket Number: 20180047
Justia Opinion Summary: Rebecca Jessee appealed a district court order deferring imposition of sentence after she was found guilty of tampering with a public service. Jessee argued her presence on railroad tracks during the Dakota Access…
Date: November 6, 2018
Citation: 2018 ND 235
Docket Number: 20180058
Date: November 6, 2018
Citation: 2018 ND 242
Docket Numbers: 20180063, 20180064
Justia Opinion Summary: Kevin Sanchez appealed a restitution order requiring that he pay $14,526.62 to victims of his theft crimes. Because the district court did not abuse its discretion in extending its self-imposed deadline for scheduling or…
Date: November 6, 2018
Citation: 2018 ND 243
Docket Number: 20180119
Justia Opinion Summary: James Nolan appealed an order holding him in contempt and requiring that he reimburse Heather Upton for parenting time travel expenses and pay her attorney fees. Upton and Nolan, both members of the United States Air…
Date: November 6, 2018
Citation: 2018 ND 233
Docket Numbers: 20180149, 20180150, 20180151, 20180152
Date: October 18, 2018
Citation: 2018 ND 232
Docket Number: 20180334
Date: October 15, 2018
Citation: 2018 ND 231
Docket Number: 20180013
Justia Opinion Summary: In August 2016, the Commissioner of the Minnesota Department of Revenue issued an order assessing personal liability against David Knapp, a North Dakota resident, for $65,843.80 in unpaid Minnesota sales and use taxes…
Date: October 10, 2018
Citation: 2018 ND 229
Docket Numbers: 20180091, 20180092
Justia Opinion Summary: North Dakota appealed a district court order dismissing with prejudice felony charges of possession of a controlled substance with intent to deliver against Mitchell James and Taelor Brown. The North Dakota Supreme Court…
Date: October 9, 2018
Citation: 2018 ND 228
Docket Number: 20180028
Justia Opinion Summary: Curtis and Karen Erickson appealed and the Cass County Joint Water Resource District cross-appealed after the district court ordered condemnation of the Ericksons' properties, determined the amount of just compensation,…
Date: October 3, 2018
Citation: 2018 ND 221
Docket Number: 20170332
Justia Opinion Summary: Charles Minard, personal representative of the Estate of Delbert Moore, appealed a judgment denying the Estate's claim for rent from the Glenn W. Moore & Sons Partnership for the partnership's use of real property owned…
Date: October 3, 2018
Citation: 2018 ND 225
Docket Number: 20170459
Justia Opinion Summary: William Wallace appealed a second amended criminal judgment entered after he pleaded guilty to luring minors by computer or other electronic means. Before accepting a guilty plea, the district court must inform a…
Date: October 3, 2018
Citation: 2018 ND 227
Docket Number: 20180050
Justia Opinion Summary: Robert Post Johnson and A.V.M., Inc. ("Johnson and A.V.M.") appealed the district court's grant of summary judgment in favor of Statoil Oil & Gas LP and others ("Statoil"). Johnson and A.V.M. argued the district court…
Date: October 3, 2018
Citation: 2018 ND 223
Docket Number: 20180070
Date: October 3, 2018
Citation: 2018 ND 226
Docket Number: 20180106
Justia Opinion Summary: Ryan Korb appealed a judgment affirming a Department of Transportation decision suspending his driving privileges for ninety-one days. Korb argued: (1) the arresting officer improperly included additional language before…
Date: October 3, 2018
Citation: 2018 ND 224
Docket Number: 20180140
Justia Opinion Summary: The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Jim DeForest's driving privileges. In November 2017, Deputy Jared Lemieux stopped appellee…
Date: October 1, 2018
Citation: 2018 ND 219
Docket Number: 20180131
Justia Opinion Summary: Shane Dockter appealed the denial of his N.D.R.Civ.P. 60(b) motion to vacate a default judgment, arguing the judgment was either void or should have been vacated for excusable neglect. Brandon and Shane Dockter were…
Date: September 25, 2018
Citation: 2018 ND 216
Docket Number: 20170456
Justia Opinion Summary: Daniel Bohe appealed entered after his conditional plea of guilty to a charge of driving with a blood alcohol concentration of .08 or greater. Bohe argued that because he was given an incomplete implied consent advisory,…
Date: September 20, 2018
Citation: 2018 ND 214
Docket Numbers: 20170392, 20170393
Justia Opinion Summary: Jeffrey Riskey, individually and as co-trustee of the Annette Riskey Family Irrevocable Trust dated April 12, 2004 ("Trust"), and other Riskey family members (collectively, "the Riskeys") appealed judgments entered after…
Date: September 13, 2018
Citation: 2018 ND 212
Docket Number: 20170356
Justia Opinion Summary: William Nelson appealed a judgment ordering the sale of real property, removing him from the property, ordering him to pay past rent, and awarding Steven Nelson and Gail Nelson-Hom attorney fees for defending against his…
Date: September 13, 2018
Citation: 2018 ND 213
Docket Number: 20180037
Justia Opinion Summary: William Beaulieu appealed a district court judgment reversing an administrative law judge's ("ALJ") order awarding benefits and affirming prior Workforce Safety & Insurance ("WSI") orders. The ALJ's order finding…
Date: September 13, 2018
Citation: 2018 ND 210
Docket Number: 20180049
Justia Opinion Summary: Tre Schoon appealed a district court judgment affirming a Department of Transportation decision suspending his driving privileges for two years. Schoon argued that because he was given an incomplete implied consent…
Date: September 13, 2018
Citation: 2018 ND 211
Docket Number: 20180059
Justia Opinion Summary: Roger Davies appealed an order granting summary judgment and the district court judgment dismissing his application for post-conviction relief. In 2014, Roger Davies was charged with continuous sexual abuse of a child.…
Date: August 30, 2018
Citation: 2018 ND 206
Docket Number: 20170453
Justia Opinion Summary: Jacob Greer, doing business as Greer Farm, appealed from a judgment dismissing his claims against Global Industries, Inc. and Nebraska Engineering Co. ("NECO"), an unincorporated division of Global Industries…
Date: August 28, 2018
Citation: 2018 ND 205
Docket Number: 20170340
Justia Opinion Summary: Bradley and Karol Johnson appealed a judgment granting the law firm Barna, Guzy, & Steffen, Ltd. ("BGS") foreclosure of a real estate mortgage for payment of a $258,769.97 debt, and an order denying their N.D.R.Civ.P.…
Date: August 28, 2018
Citation: 2018 ND 197
Docket Numbers: 20170374, 20170404
Justia Opinion Summary: Mary Redway and Alexander Simon appealed after the district court found Redway guilty of disorderly conduct and Simon guilty of disorderly conduct and physical obstruction of a government function. Redway and Simon…
Date: August 28, 2018
Citation: 2018 ND 203
Docket Number: 20170400
Justia Opinion Summary: Jesseaca Finneman appealed after a jury found her guilty of: (1) possession of more than 500 grams of marijuana with intent to deliver; (2) unlawful possession of hashish; and (3) two counts of unlawful possession of…
Date: August 28, 2018
Citation: 2018 ND 198
Docket Number: 20170405
Justia Opinion Summary: Clyde Pickens appeals a criminal judgment entered after a jury found him guilty of gross sexual imposition. Pickens argues the district court's errors in responding to two requests from the jury prejudiced his…
Date: August 28, 2018
Citation: 2018 ND 202
Docket Number: 20170423
Justia Opinion Summary: Raymond and Linus Poitra appealed a judgment quieting title in two parcels of land on the Turtle Mountain Indian Reservation in Darrel Gustafson, and ordering the Poitras to pay Gustafson $67,567.98 in damages and $6,620…
Date: August 28, 2018
Citation: 2018 ND 199
Docket Number: 20170435
Justia Opinion Summary: Tamra Knudson appealed a judgment that granted her a divorce from Mark Knudson, but denied her request for spousal support, and ordered her to pay child support. The North Dakota Supreme Court concluded the district…
Date: August 28, 2018
Citation: 2018 ND 200
Docket Number: 20170460
Justia Opinion Summary: N.B., the father, and J.G., the mother, appealed a juvenile court order finding their child, J.B., to be a deprived child and granting legal custody to Cass County Social Services. A "deprived child" under North Dakota…
Date: August 28, 2018
Citation: 2018 ND 194
Docket Number: 20180004
Justia Opinion Summary: Morris Brickle-Hicks appealed after the district court denied his motion to suppress evidence and a jury found him guilty of murder. Brickle-Hicks argued the court erred in denying his motion to suppress incriminating…
Date: August 28, 2018
Citation: 2018 ND 195
Docket Number: 20180015
Justia Opinion Summary: Joshua Rose appealed a district court order denying his motion to reinstate his driver's license. Because the district court was without subject matter jurisdiction to review the Minot Regional Child Support Unit's…
Date: August 28, 2018
Citation: 2018 ND 204
Docket Number: 20180016
Justia Opinion Summary: Brittany Creech appealed her eviction from her from property in Williams County, North Dakota owned by Louis Tornabeni. Creech argued: (1) Tornabeni's notice of intent to evict was deficient; (2) the summary eviction…
Date: August 28, 2018
Citation: 2018 ND 196
Docket Number: 20180077
Justia Opinion Summary: A law enforcement officer stopped a vehicle driven by defendant Crystal Corona on October 19, 2017, after she failed to dim her headlights. The officer thereafter detected the odor of alcohol emanating from Corona, and…
Date: August 28, 2018
Citation: 2018 ND 201
Docket Number: 20180207
Justia Opinion Summary: D.D. appealed a district court order requiring his involuntary hospitalization and treatment, directing law enforcement to seize D.D.'s firearms, and finding that federal and state firearm restrictions applied to him.…
Date: August 25, 2018
Citation: 2018 ND 217
Docket Number: 20170452
Justia Opinion Summary: JanMichel Wangstad was convicted by jury of attempted murder. Wangstad argued on appeal: (1) the district court erred in the admission of social media posts he made prior to the alleged crime; (2) the jury was given…
Date: August 25, 2018
Citation: 2018 ND 218
Docket Number: 20180082
Justia Opinion Summary: Borsheim Builders Supply, Inc., doing business as Borsheim Crane Service, ("Borsheim") appealed a declaratory judgment granting summary judgment to Mid-Continent Casualty Company and dismissing Borsheim's claims for…
Date: August 3, 2018
Citation: 2018 ND 192
Docket Number: 20180274
Justia Opinion Summary: Roland Riemers petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of mandamus directing the North Dakota Secretary of State Alvin Jaeger to order a recount of the June 12,…
Date: August 1, 2018
Citation: 2018 ND 191
Docket Numbers: 20180172, 20180173, 20180174
Date: July 30, 2018
Citation: 2018 ND 189
Docket Number: 20170436
Justia Opinion Summary: After adjournment of the Regular Session of the 65th Legislative Assembly, North Dakota Governor Doug Burgum vetoed five items in four appropriation bills by striking through certain language in the bills before signing…
Date: July 26, 2018
Citation: 2018 ND 185
Docket Number: 20170458
Justia Opinion Summary: Bismarck Police received a call from a shipping store employee about a suspicious package defendant Mitchell Biwer dropped off to be shipped to Denver, Colorado. The employee told police "[Biwer] was explaining too much…
Date: July 18, 2018
Citation: 2018 ND 183
Docket Number: 20170403
Justia Opinion Summary: Johnston Land Company, LLC, appeals from an order denying its petition to invalidate an alleged lien filed by attorney Sara Sorenson in the form of an affidavit regarding property in Grand Forks County, North Dakota. A…
Date: July 18, 2018
Citation: 2018 ND 182
Docket Number: 20170437
Justia Opinion Summary: Omar Kalmio appealed the district court's judgment denying his application for post-conviction relief. In 2013, Kalmio was convicted of four counts of class AA felony murder. The North Dakota Supreme Court affirmed in…
Date: July 18, 2018
Citation: 2018 ND 181
Docket Number: 20170442
Justia Opinion Summary: In 2004, Raymond Voisine was incarcerated after he pled guilty to gross sexual imposition for acts involving a six-year-old victim. Voisine appealed an order denying his petition for discharge from treatment as a…
Date: July 18, 2018
Citation: 2018 ND 180
Docket Number: 20180017
Justia Opinion Summary: This case involved two mineral deeds issued by Alice Rozan to Gustave Goldstein and William Murray in 1964. At the time, Rozan owned the following interests in McKenzie Country North Dakota land relevant to this case.…
Date: July 18, 2018
Citation: 2018 ND 179
Docket Number: 20180027
Justia Opinion Summary: David Ramirez appeals from an order dismissing his retaliatory discharge action against Walmart without prejudice for failure to state a claim upon which relief could be granted. Ramirez was employed by Walmart in…
Date: July 18, 2018
Citation: 2018 ND 177
Docket Number: 20180086
Justia Opinion Summary: Steven and Linda Bickler commenced an action against Happy House Movers. The Bicklers had contracted with Happy House Movers to raise their house eight feet to protect the house against rising waters at Rice Lake. While…
Date: July 18, 2018
Citation: 2018 ND 184
Docket Number: 20180109
Justia Opinion Summary: Sean Kovalevich appealed district court orders summarily dismissing in part and denying the balance of his application for post-conviction relief. In 2013, a jury found Kovalevich guilty of two counts of gross sexual…
Date: July 18, 2018
Citation: 2018 ND 178
Docket Number: 20180165
Justia Opinion Summary: Cass County Social Services ("Cass County") appealed a juvenile court order denying termination of parental rights. B.H., born in June 2016, was the child of S.H. (mother) and C.H. (father). In July 2016, the juvenile…
Date: July 18, 2018
Citation: 2018 ND 176
Docket Numbers: 870228, 20170406
Justia Opinion Summary: D.L., mother of G.L., appeals from the juvenile court's order and judgment to continue guardianship of G.L. The mother argues the juvenile court erred in its determination of exceptional circumstances for continuing the…
Date: July 17, 2018
Citation: 2018 ND 175
Docket Number: 20170443
Justia Opinion Summary: Walter Grant, Jr. appealed his convictions after pleading guilty to gross sexual imposition, burglary, aggravated assault, and terrorizing. He argued the district court committed obvious error by failing to determine…
Date: July 11, 2018
Citation: 2018 ND 170
Docket Numbers: 20020016, 20170463
Justia Opinion Summary: Daniel Peltier appealed an order denying his motion for relief from a child support judgment. Peltier argued the district court erred in denying his motion because the Turtle Mountain Tribal Court had exclusive subject…
Date: July 11, 2018
Citation: 2018 ND 156
Docket Numbers: 20170319, 20170412
Justia Opinion Summary: Francis Franson appealed after the district court granted Hess Corporation’s (“Hess”) motion for summary judgment and Agri Industries, Inc.’s (“Agri”) motion for prejudgment interest. Hess cross-appealed parts of the…
Date: July 11, 2018
Citation: 2018 ND 173
Docket Number: 20170345
Justia Opinion Summary: Ashley Hunter appealed after a jury found him guilty of two counts of murder and one count of arson. On the afternoon of June 22, 2015, Fargo police officers responded to a call about a death at a north Fargo location…
Date: July 11, 2018
Citation: 2018 ND 174
Docket Number: 20170348
Justia Opinion Summary: Jeff Moen appealed a judgment awarding Jason Haider damages for wrongful injury to timber. Moen argued the district court abused its discretion in excluding a jury instruction on treble damages and erred in admitting an…
Date: July 11, 2018
Citation: 2018 ND 157
Docket Numbers: 20170358, 20170359, 20170360
Justia Opinion Summary: Dale Yost appealed an order denying his motion to withdraw guilty pleas and amended criminal judgments. In October 2012, the State of North Dakota charged Yost with eleven counts of gross sexual imposition involving five…
Date: July 11, 2018
Citation: 2018 ND 171
Docket Numbers: 20170387, 20170388
Justia Opinion Summary: James Blue II appealed convictions after entering Alford pleas to two counts of terrorizing, seven counts of reckless endangerment, two counts of simple assault on emergency medical personnel, three counts of contact by…
Date: July 11, 2018
Citation: 2018 ND 158
Docket Number: 20170428
Justia Opinion Summary: S&B Dickinson Apartments I, LLC, and Dickinson Properties, LLC, appealed a judgment affirming the Stark County North Dakota Board of Commissioners' denial of their requests for an abatement of property taxes for the year…
Date: July 11, 2018
Citation: 2018 ND 164
Docket Numbers: 20180009, 20180010
Justia Opinion Summary: Greggory Tank appealed an amended judgment quieting title to royalty interests in property located in McKenzie County, North Dakota in favor of several of the defendants. In June 2014, Tank sued numerous defendants…
Date: July 11, 2018
Citation: 2018 ND 167
Docket Number: 20180021
Justia Opinion Summary: Brian Vanberkom appealed after the district court found him guilty of reckless driving. Vanberkom argued that jeopardy attached when he was convicted of Care Required in violation of N.D.C.C. 39-09-01.1 and that the…
Date: July 11, 2018
Citation: 2018 ND 168
Docket Number: 20180030
Justia Opinion Summary: Paul Schaffner appealed a district court order finding him guilty of prostitution/solicitation under City of Bismarck, N.D., Code of Ordinances section 6-05-08(1)(b). Because there was sufficient evidence of…
Date: July 11, 2018
Citation: 2018 ND 172
Docket Number: 20180031
Justia Opinion Summary: Kenneth Ndumbe Ngale appealed after he conditionally pled guilty to actual physical control of a motor vehicle. He argued the district court erred in denying his motion to suppress because he was seized and arrested by a…
Date: July 11, 2018
Citation: 2018 ND 166
Docket Number: 20180041
Justia Opinion Summary: Ronald Beltran appealed after a jury found him guilty of driving under the influence and driving under suspension. Beltran argued the evidence presented at trial was not sufficient to convict him of driving under the…
Date: July 11, 2018
Citation: 2018 ND 169
Docket Number: 20180079
Justia Opinion Summary: James Jorgenson apealed a district court's order approving pretrial diversion and order of restitution. The State charged Jorgenson with two counts of theft of property for depriving Jackie Blikre of proceeds from the…
Date: July 11, 2018
Citation: 2018 ND 165
Docket Number: 20180136
Justia Opinion Summary: J.G., the mother of minor child J.J.T, appealed a judgment terminating her parental rights to the child. J.G. argued the juvenile court erred: (1) in finding J.J.T. was deprived; (2) in denying her court-appointed…
Date: July 11, 2018
Citation: 2018 ND 151
Docket Numbers: 20180181, 20180182, 20180183, 20180184, 20180185
Date: July 11, 2018
Citation: 2018 ND 160
Docket Numbers: 20180219, 20180220, 20180221
Date: June 25, 2018
Citation: 2018 ND 145
Docket Number: 20180224
Date: June 11, 2018
Citation: 2018 ND 144
Docket Number: 20170335
Justia Opinion Summary: C.T. Marhula appealed a judgment dismissing an action contesting a special election in the City of Grand Forks. Marhula argued Grand Forks lacked authority under its home rule charter and city ordinances to designate one…
Date: June 5, 2018
Citation: 2018 ND 130
Docket Numbers: 20170063, 20170334, 20060112, 20170247
Justia Opinion Summary: Jennifer Dickson appealed a district court order denying her motion to modify residential responsibility of the parties' minor children. An original determination to award primary residential responsibility is necessary…
Date: June 5, 2018
Citation: 2018 ND 138
Docket Number: 20170239
Justia Opinion Summary: Mark Rath appealed the district court's second amended judgment modifying decisionmaking responsibility and parenting time, and orders denying his other various motions. The North Dakota Supreme Court concluded the court…
Date: June 5, 2018
Citation: 2018 ND 136
Docket Number: 20170255
Justia Opinion Summary: Defendants A&M Structuring, LLC, and Edward Couture, individually and as manager of A&M Structuring appealed a judgment entered in favor of Lynn Flaten and from a post-judgment order denying their motions to amend the…
Date: June 5, 2018
Citation: 2018 ND 133
Docket Number: 20170320
Justia Opinion Summary: In April 2017, Deputy Taylor Schiller was patrolling in an area north of Rugby, North Dakota, looking for a brown or tan Ford SUV that had been reported stolen. Deputy Schiller saw a vehicle matching that description.…
Date: June 5, 2018
Citation: 2018 ND 132
Docket Number: 20170321
Justia Opinion Summary: Joshua Taylor appealed after a jury found him guilty of refusing to submit to a chemical test for intoxication. Throughout the proceedings, Taylor represented himself and maintained that a video from the arresting…
Date: June 5, 2018
Citation: 2018 ND 142
Docket Number: 20170357
Justia Opinion Summary: Christopher Johnson appealed an amended judgment ordering him to pay $1,280 per month in child support. Heather Thompson cross-appealed the judgment denying her request for attorney's fees. The North Dakota Supreme Court…
Date: June 5, 2018
Citation: 2018 ND 137
Docket Number: 20170375
Justia Opinion Summary: J. Erin Rourke appealed a district court's order denying his application for post-conviction relief. The State charged Rourke with gross sexual imposition and corruption or solicitation of minors. Following a trial held…
Date: June 5, 2018
Citation: 2018 ND 140
Docket Number: 20170376
Justia Opinion Summary: Robert Pettinger appealed a district court judgment dismissing his lawsuit against the estate of his brother, James Pettinger ("the Estate"). The court granted summary judgment in favor of the Estate, concluding…
Date: June 5, 2018
Citation: 2018 ND 141
Docket Number: 20170380
Justia Opinion Summary: Brandon Morel appealed a district court order denying his application for post-conviction relief in which he asked the district court to vacate a criminal conviction for refusal to submit to a chemical test in 2014. In…
Date: June 5, 2018
Citation: 2018 ND 134
Docket Number: 20170402
Justia Opinion Summary: Randy Jensen appealed a district court order denying his application for post-conviction relief. In February 2016, Jensen was charged in district court case 09-2016-CR-537 with possession of methamphetamine. Gordon…
Date: June 5, 2018
Citation: 2018 ND 135
Docket Number: 20170411
Justia Opinion Summary: Jessica Broom appealed a judgment entered upon a conditional guilty plea to possession of drug paraphernalia and possession of a controlled substance with intent to deliver, reserving her right to appeal the denial of…
Date: June 5, 2018
Citation: 2018 ND 143
Docket Number: 20170441
Justia Opinion Summary: Natasha Reiger appealed a district court judgment granting primary residential responsibility of J.Z. to Matthew Zuraff. Social services first became involved with the family because of a positive methamphetamine…
Date: June 5, 2018
Citation: 2018 ND 131
Docket Number: 20180005
Justia Opinion Summary: Petitioners Dr. Troy Pierce and the Bone & Joint Center petitioned for a supervisory writ following the district court's denial of their motion to dismiss. In 2015, Robert Carvell was injured in a vehicle accident.…
Date: June 5, 2018
Citation: 2018 ND 139
Docket Number: 20180176
Justia Opinion Summary: B.A.K. appealed an order for treatment in which the district court found her to be a person who was mentally ill and requiring treatment. B.A.K. was initially hospitalized after an outburst at her regular physician's…
Date: May 14, 2018
Citation: 2018 ND 124
Docket Number: 20170160
Justia Opinion Summary: Appellants Keith and Debra Bjerk's son Christian died from an overdose after consuming drugs at a house owned by Kenton Anderson. The district court granted summary judgment dismissing the Bjerks' premises liability and…
Date: May 14, 2018
Citation: 2018 ND 123
Docket Number: 20170248
Justia Opinion Summary: The North Dakota Department of Transportation ("the DOT") took Rosie Glow, LLC's property through an eminent domain quick-take action. The DOT deposited $2,296,000.00 for the land and $940,860.00 for severance damages.…
Date: May 10, 2018
Citation: 2018 ND 122
Docket Number: 20170213
Justia Opinion Summary: Alexander Ferguson appealed a fourth amended judgment increasing his child support obligation. The North Dakota Supreme Court concluded the district court retained jurisdiction to modify his child support obligation…
Date: May 9, 2018
Citation: 2018 ND 121
Docket Number: 20170324
Justia Opinion Summary: Ewing Construction Co., Inc., appeals from a judgment denying its N.D.R.Civ.P. 60(b) motion to vacate a $951,191.62 default judgment entered in favor of Key Energy Services, LLC. Ewing began serving as the designer of…
Date: May 8, 2018
Citation: 2018 ND 117
Docket Number: 20170090
Justia Opinion Summary: Rodney Hogen appealed an order granting Steven Hogen's petition for approval of a final report and accounting for the Curtiss A. Hogen Trust B. In his appeal, Rodney Hogen raised multiple issues. For purposes of this…
Date: May 8, 2018
Citation: 2018 ND 118
Docket Number: 20170246
Justia Opinion Summary: Glenn Solberg appealed an amended judgment dismissing his claims against the estate of his stepfather, Lyle Nelson ("Lyle Nelson Estate"). Solberg challenged the district court's dismissal of his claim seeking ownership…
Date: May 8, 2018
Citation: 2018 ND 119
Docket Number: 20170275
Justia Opinion Summary: Charles Erwin appeals from an amended judgment entered in favor of Alerus Financial, N.A., for $5,265,653.09. Starting in 2012 Alerus made a series of loans totaling more than $15 million to Diverse Energy Systems, LLC.…
Date: May 8, 2018
Citation: 2018 ND 120
Docket Number: 20170325
Justia Opinion Summary: Karna Kornkven, Eric Molbert, and Kristi Benz ("Siblings") appeal after the district court entered judgment in favor of their brother, Lauris Molbert. The parties' father, Ralph Molbert, owned the controlling interest in…
Date: May 8, 2018
Citation: 2018 ND 110
Docket Number: 20170350
Justia Opinion Summary: Steven Kelly and Spirit Energy LLC (collectively "Spirit") appealed a district court order holding them in contempt for failing to return leased vehicles to Kettle Butte Trucking ("KBT"). KBT sued Spirit, alleging Spirit…
Date: May 8, 2018
Citation: 2018 ND 111
Docket Number: 20170386
Justia Opinion Summary: Sandy Botteicher ("Botteicher") appeals from a judgment dismissing her claims against Pam and Darwin Becker (collectively "Beckers") and awarding the Beckers $5,000 for their attorney fees. Botteicher and Pam Becker are…
Date: May 8, 2018
Citation: 2018 ND 113
Docket Number: 20170397
Justia Opinion Summary: The North Dakota Department of Transportation (the "DOT") took G. John Schmitz's property through an eminent domain quick-take action. The DOT deposited $973,380.00 with the Williams County Clerk of Court for the taking.…
Date: May 8, 2018
Citation: 2018 ND 108
Docket Number: 20170425
Justia Opinion Summary: Courtney Krueger appealed a judgment affirming a decision of the Department of Transportation suspending his driving privileges for two years. Because the Traill County sheriff's deputy had jurisdiction to make the…
Date: May 8, 2018
Citation: 2018 ND 114
Docket Number: 20170431
Justia Opinion Summary: In 2007, Tilmer Everett was convicted by jury of gross sexual imposition. In August 2015, the district court barred Everett from future filings without the court's permission. Everett appealed a district court order…
Date: May 8, 2018
Citation: 2018 ND 109
Docket Number: 20170444
Justia Opinion Summary: LeRoy Wheeler appeals a district court judgment granting Governor Doug Burgum's motion to dismiss and denying Wheeler's motion to appoint counsel. Wheeler was an inmate at the North Dakota State Penitentiary ("NDSP"),…
Date: May 8, 2018
Citation: 2018 ND 116
Docket Number: 20170451
Justia Opinion Summary: Stephanie Lee appealed a judgment evicting her, and any other person or persons claiming under her, from her Williston premises and awarding IRET Properties ("IRET") $880.00 for attorney's fees and costs. Lee argued IRET…
Date: May 8, 2018
Citation: 2018 ND 115
Docket Number: 20180022
Justia Opinion Summary: Kevin Hoff appealed a divorce judgment that, among other things, determined a parenting plan for the parties' children. After review of the district court record, the North Dakota Supreme Court affirmed the judgment,…
Date: May 8, 2018
Citation: 2018 ND 112
Docket Number: 20180045
Justia Opinion Summary: In February 2015, officers seized $3,260 in United States currency from Ronald Newhauser. Newhauser was a passenger in a vehicle where police discovered methamphetamine and other paraphernalia. Newhauser was charged in…
Date: April 17, 2018
Citation: 2018 ND 101
Docket Number: 20170331
Justia Opinion Summary: Roland Riemers appealed a district court judgment awarding CHS Inc. attorney's fees and costs, and an order denying Riemers' motion to reopen the case and close judgment. Riemers also moved to vacate the district court's…
Date: April 12, 2018
Citation: 2018 ND 100
Docket Number: 20170269
Justia Opinion Summary: Joshua Cook appealed after a jury found him guilty of possession of methamphetamine with intent to deliver, possession of heroin, possession of methadone, possession of drug paraphernalia, and possession of marijuana.…
Date: April 10, 2018
Citation: 2018 ND 97
Docket Numbers: 20170068, 20170069, 20170070, 20170071, 20170072
Justia Opinion Summary: A.D., the mother of P.T.D., C.R.D., P.A.D., P.P.D., and N.A.D., appealed a juvenile court order finding her five children were deprived under N.D.C.C. 27-20-02(8). The North Dakota Supreme Court previously concluded the…
Date: April 10, 2018
Citation: 2018 ND 95
Docket Number: 20170138
Justia Opinion Summary: In 2015, Amira Gunn and Calvin Till communicated in private conversations on MeetMe.com, a social networking website. Gunn and Till exchanged more than 700 messages between November 11 and 13. In a portion of the…
Date: April 10, 2018
Citation: 2018 ND 93
Docket Number: 20170187
Justia Opinion Summary: Richie Wilder appealed a criminal judgment entered after a jury found him guilty of murder and from an order partially granting his motion to correct an illegal sentence. Wilder argued his conviction had to be reversed…
Date: April 10, 2018
Citation: 2018 ND 99
Docket Numbers: 20170286, 20170287
Justia Opinion Summary: Linda Nelson, Jill Mattson, Jeffrey Mattson, and Joan Louise Mattson appealed the district court's judgment quieting title to property in the Steven R. Mattson Living Trust and the Roald F. Mattson Living Trust (the…
Date: April 10, 2018
Citation: 2018 ND 865
Docket Number: 20170296
Date: April 10, 2018
Citation: 2018 ND 94
Docket Number: 20170351
Justia Opinion Summary: Harold Olson appealed a district court order affirming the North Dakota Department of Transportation's ("Department") revocation of his driving privileges for two years, following an arrest for driving under the…
Date: April 10, 2018
Citation: 2018 ND 96
Docket Number: 20170407
Justia Opinion Summary: Rocky Mountain Steel Foundations, Inc. appealed a judgment invalidating its oil and gas construction liens and awarding attorney fees to Mitchell's Oil Field Services, Inc., also known as Wood Group, and Travelers…
Date: April 10, 2018
Citation: 2018 ND 98
Docket Number: 20170419
Justia Opinion Summary: Mark Rath appealed an order denying his motion to amend the parties' parenting time schedule to allow an overnight, out-of-state family vacation during the summer of 2018 and awarding attorney fees to Kayla Rath. He…
Date: April 10, 2018
Citation: 2018 ND 89
Docket Numbers: 20180056, 20180057
Date: March 29, 2018
Citation: 2018 ND 85
Docket Number: 20170188
Justia Opinion Summary: Gene Grasser appealed an amended judgment entered from March 2017, awarding primary residential responsibility to Stephanie Grasser and distributing marital property and debts. After review, the North Dakota Supreme…
Date: March 22, 2018
Citation: 2018 ND 84
Docket Numbers: 20170165, 20170167
Justia Opinion Summary: The City of Bismarck appealed a district court’s suppression order. In December 2016, at about 10:10 p.m., a Bismarck police officer observed a vehicle fail to negotiate a turn and slide into a snowbank on the side of…
Date: March 22, 2018
Citation: 2018 ND 80
Docket Number: 20170242
Justia Opinion Summary: Cameron and Mary Susan Arnegard appealed a trial court judgment relating to a conditional use permit (CUP) obtained from Arnegard Township in McKenzie County, North Dakota. The Arnegards argued the district court erred…
Date: March 22, 2018
Citation: 2018 ND 81
Docket Number: 20170252
Justia Opinion Summary: Sergei Carlson appealed a district court order summarily dismissing his post-conviction relief application. In July 2007, law enforcement officers responded to a report of a non-responsive female. When they arrived,…
Date: March 22, 2018
Citation: 2018 ND 78
Docket Number: 20170309
Justia Opinion Summary: Michael Terrill appealed a criminal judgment entered upon a conditional guilty plea to possession of methamphetamine with intent to deliver and possession of drug paraphernalia. Terrill argued the district court…
Date: March 22, 2018
Citation: 2018 ND 79
Docket Number: 20170336
Justia Opinion Summary: Ricky and Darcy Berg married in 1984 and separated in January 2016. The district court held a trial in June 2017 to determine the distribution of marital property and spousal support. At trial, both parties testified…
Date: March 22, 2018
Citation: 2018 ND 75
Docket Number: 20170339
Justia Opinion Summary: Steven Sauter appealed a judgment entered upon a conditional guilty plea to criminal vehicular homicide, reserving his right to appeal the denial of his motion to suppress the results of a warrantless blood-alcohol test.…
Date: March 22, 2018
Citation: 2018 ND 82
Docket Number: 20170379
Justia Opinion Summary: Thomas Solwey (Solwey) appealed the first amended judgment awarding split residential responsibility of his and Lisa Solwey-Hilbert's (Hilbert) minor children. Solwey and Hilbert were married in 1998 and divorced in…
Date: March 22, 2018
Citation: 2018 ND 77
Docket Number: 20170384
Justia Opinion Summary: Marcus Chatman appealed an order summarily dismissing his second application for post-conviction relief. Chatman was charged with possession of heroin with intent to deliver or manufacture, a class A felony; possession…
Date: March 22, 2018
Citation: 2018 ND 83
Docket Number: 20180018
Justia Opinion Summary: R.B. appealed a district court order granting J.B. a two-year disorderly conduct restraining order against him. R.B. and J.B. began dating in April 2017 when they both lived in Vermont. Each was sixteen years old at the…
Date: March 22, 2018
Citation: 2018 ND 76
Docket Numbers: 20180052, 20180053, 20180054
Justia Opinion Summary: A.D.C. appealed a juvenile court's judgments and orders terminating her parental rights. Because A.D.C.'s notice of appeal was untimely, the North Dakota Supreme Court found itself without jurisdiction and dismissed the…
Date: March 19, 2018
Citation: 2018 ND 71
Docket Number: 20170258
Justia Opinion Summary: The parents of nine minor children, individually and as guardians of the children, appealed a district court judgment determining the statutory damage cap for tort claims against a political subdivision was…
Date: March 8, 2018
Citation: 2018 ND 67
Docket Number: 20170087
Justia Opinion Summary: Glenvin Albrecht ("Glenvin") appealed, and Mark Albrecht ("Mark"), the personal representative of the estate ("the Estate") of Sharleen Albrecht ("Sharleen"), cross-appealed orders in an informal probate denying…
Date: March 8, 2018
Citation: 2018 ND 70
Docket Number: 20170183
Justia Opinion Summary: Merritt Charles Horning III; Riggers Store Holdings, LLC; Riggers Store 1, LLC; Chase Merritt Management, Inc.; Chase Merritt, LP; and Racers Store Management, LLC (collectively the "Horning defendants") appealed a…
Date: March 8, 2018
Citation: 2018 ND 68
Docket Number: 20170190
Justia Opinion Summary: Leon Pfingsten appealed a district court order granting Owego Township's motion to dismiss an appeal. In 2015, several Owego Township residents petitioned for alteration of what was known as Bagoon Road. In April 2015…
Date: March 8, 2018
Citation: 2018 ND 69
Docket Number: 20170301
Justia Opinion Summary: Russell Parshall appealed a district court order denying his application for post-conviction relief. In 2015 Parshall pled guilty to "Driving Under the Influence N.D.C.C. 39-08-01 (First Offense Refusal)" by a…
Date: March 1, 2018
Citation: 2018 ND 63
Docket Number: 20170130
Justia Opinion Summary: Steve Forster, Daniel Krebs, and Debra Krebs (collectively "Forster/Krebs") appealed the dismissal of their claims against B&B Hot Oil Service, Inc., and JB's Welding. Forster/Krebs argued the district court erred in…
Date: February 22, 2018
Citation: 2018 ND 43
Docket Number: 20170080
Justia Opinion Summary: A jury found Kevin Decker guilty of disorderly conduct. Decker argued on appeal the district court created a structural error by denying his Sixth Amendment right to a public trial when court staff excluded one member of…
Date: February 22, 2018
Citation: 2018 ND 56
Docket Number: 20170144
Justia Opinion Summary: Laura Rende appealed after a jury found her guilty of simple assault on a peace officer and driving under the influence. The district court did not instruct the jury to make a finding whether Rende knew the arresting…
Date: February 22, 2018
Citation: 2018 ND 47
Docket Number: 20170149
Justia Opinion Summary: Winnie Development, LLLP appealed a district court judgment holding it had no interest in a parcel of land in the City of Horace. This litigation arose after Winnie sought access over Parcel 1 to reach an adjacent…
Date: February 22, 2018
Citation: 2018 ND 49
Docket Number: 20170191
Justia Opinion Summary: Donald Weisz appealed a district court's criminal judgment and the order denying his motion to suppress evidence. Weisz was arrested for being in actual physical control of a vehicle while intoxicated. Weisz entered a…
Date: February 22, 2018
Citation: 2018 ND 61
Docket Number: 20170198
Justia Opinion Summary: James Kremer appealed an order calling for the forfeiture and destruction of property involved in his criminal convictions for possessing images of sexual conduct by minors. In 2016 Kremer pled guilty to three class C…
Date: February 22, 2018
Citation: 2018 ND 53
Docket Number: 20170214
Justia Opinion Summary: Jason Tuhy appealed a divorce judgment distributing marital property and awarding spousal support and attorney's fees. After review, the North Dakota Supreme Court concluded the district court's distribution of the…
Date: February 22, 2018
Citation: 2018 ND 51
Docket Number: 20170225
Justia Opinion Summary: Nathan Rolfson appealed after a jury verdict finding him guilty of driving under the influence of alcohol or drugs. Rolfson argued the district court erred in admitting into evidence three foundation documents for the…
Date: February 22, 2018
Citation: 2018 ND 45
Docket Number: 20170226
Justia Opinion Summary: Aaron Bruce appealed a district court's amended criminal judgment awarding restitution. In December 2015, the State charged Bruce with unlawful manufacturing, delivering, or possession with intent to deliver heroin;…
Date: February 22, 2018
Citation: 2018 ND 62
Docket Number: 20170233
Justia Opinion Summary: Robert Riddle appealed a district court order denying his motion for new trial. On October 14, 2016, a trial was held to settle the distribution of debts and assets between then husband and wife, Mona and Robert Riddle.…
Date: February 22, 2018
Citation: 2018 ND 59
Docket Number: 20170253
Justia Opinion Summary: Charles Koenig appealed a district court order denying his motion for entry of default judgment and summarily dismissing his application for post-conviction relief without an evidentiary hearing. In November 2015, a…
Date: February 22, 2018
Citation: 2018 ND 57
Docket Number: 20170260
Justia Opinion Summary: James and Carol Miller appealed the quieting of title to certain real property in favor of Julie Sauter. The Millers argued the district court erred in finding Sauter acquired ownership of the disputed property by…
Date: February 22, 2018
Citation: 2018 ND 60
Docket Number: 20170261
Justia Opinion Summary: John Isom appeals from a criminal judgment entered after a jury found him guilty of aggravated assault--domestic violence. Isom argues the district court imposed an illegal sentence, abused its discretion in substituting…
Date: February 22, 2018
Citation: 2018 ND 58
Docket Number: 20170263
Justia Opinion Summary: Jeremy White appealed a district court order denying his motions for relief from a judgment relating to primary residential responsibility and for contempt against Cassie Loibl. White and Loibl had one child together,…
Date: February 22, 2018
Citation: 2018 ND 52
Docket Number: 20170276
Justia Opinion Summary: The State appealed a district court order granting Tyler Fleckenstein's motion to suppress. Fleckenstein was charged with driving under the influence of alcohol (third offense). Fleckenstein moved to suppress the blood…
Date: February 22, 2018
Citation: 2018 ND 55
Docket Number: 20170284
Justia Opinion Summary: Dickinson Elks Building, LLC, appealed a judgment awarding Rick and Janan Snider, doing business as RJ Snider Construction ("RJ Snider"), $198,255.08 for unjust enrichment and quantum meruit claims. In 2011, RJ Snider…
Date: February 22, 2018
Citation: 2018 ND 46
Docket Number: 20170285
Justia Opinion Summary: Dylan Groce appealed after a jury found him guilty of aggravated assault. Groce argued the district court abused its discretion by quashing subpoenas for two witnesses and denying a motion for mistrial. After review of…
Date: February 22, 2018
Citation: 2018 ND 48
Docket Number: 20170302
Justia Opinion Summary: Janiece Rebenitsch appealed a district court's judgment awarding primary residential responsibility of their child to Dustin Rebenitsch. Janiece and Dustin married in 2011 and had a child, H.J.R., in 2012. In 2014, the…
Date: February 22, 2018
Citation: 2018 ND 50
Docket Number: 20170312
Justia Opinion Summary: Martin Blackcloud (a/ka/ Black Cloud) appealed a district court order denying his application for post-conviction relief. In April 2014, Blackcloud was convicted of gross sexual imposition, in which the victim was his…
Date: February 22, 2018
Citation: 2018 ND 54
Docket Number: 20170346
Justia Opinion Summary: Marlon Comes appealed a district court order summarily dismissing his post-conviction relief petition and a court order denying his motion for a new trial. In 1995, the State charged Comes with murder, a class AA felony…
Date: February 22, 2018
Citation: 2018 ND 42
Docket Numbers: 20180006, 20180007
Date: February 14, 2018
Citation: 2018 ND 37
Docket Number: 20180025
Date: February 1, 2018
Citation: 2018 ND 36
Docket Number: 20170200
Justia Opinion Summary: St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department…
Date: February 1, 2018
Citation: 2018 ND 35
Docket Number: 20170238
Justia Opinion Summary: The North Dakota Department of Human Services appealed a district court judgment reversing the Department's order deciding Sanford HealthCare Accessories received overpayments for medical equipment supplied to Medicaid…
Date: January 26, 2018
Citation: 2018 ND 34
Docket Number: 20170031
Justia Opinion Summary: Terry Smith appealed, and Cindie Innis-Smith cross-appealed, an amended judgment granting the parties a divorce, dividing the parties' marital property, and awarding Innis-Smith spousal support. Smith also appealed an…
Date: January 24, 2018
Citation: 2018 ND 33
Docket Number: 20170060
Justia Opinion Summary: Laura Rende appealed after a jury found her guilty of driving while under the influence of alcohol. The North Dakota Supreme Court reversed the criminal judgment and remanded this case for a new trial, finding that the…
Date: January 24, 2018
Citation: 2018 ND 32
Docket Number: 20170078
Justia Opinion Summary: Delvin Shaw appealed after a jury found him guilty of murder and burglary. Shaw argued the district court erred in admitting evidence of other crimes or bad acts, and the court erred in playing the earlier testimony of a…
Date: January 22, 2018
Citation: 2018 ND 11
Docket Number: 20160452
Justia Opinion Summary: P&P Industries, LLC, d/b/a United Oilfield Services, and Pauper Industries, Inc., appealed a judgment entered in favor of Continental Resources, Inc., after a jury returned a verdict finding United and Pauper's conduct…
Date: January 22, 2018
Citation: 2018 ND 31
Docket Numbers: 20170047, 20170050
Justia Opinion Summary: Mark Brown appealed four criminal judgments entered after the district court found him guilty of driving while under suspension on four separate occasions. Brown argued there was insufficient evidence to support the…
Date: January 22, 2018
Citation: 2018 ND 21
Docket Number: 20170063
Justia Opinion Summary: Brent Thompson appealed the district court's judgment awarding split residential responsibility and requiring Brent to pay spousal support. Brent and Jeanna Thompson married in 1999, and Brent filed for divorce in 2015.…
Date: January 22, 2018
Citation: 2018 ND 10
Docket Number: 20170066
Justia Opinion Summary: Counce Energy BC #1, LLC, appealed the judgment entered on a jury verdict awarding Continental Resources, Inc., $153,666.50 plus costs and disbursements for breaching its contract with Continental by failing to pay its…
Date: January 22, 2018
Citation: 2018 ND 29
Docket Number: 20170132
Justia Opinion Summary: Craig Benson ("Benson") appealed a district court's judgment defining the boundaries of Outlot 11 and awarding Feland Brothers Properties ("the Felands") the northern portion of Outlot 53 through adverse possession. In…
Date: January 22, 2018
Citation: 2018 ND 13
Docket Number: 20170152
Justia Opinion Summary: Aron Williams appeals from a two-year disorderly conduct restraining order prohibiting him from having contact with Jennifer Williams. Aron and Jennifer were married in April 2015, have two minor children together, and…
Date: January 22, 2018
Citation: 2018 ND 27
Docket Number: 20170155
Justia Opinion Summary: C.B. appealed a juvenile court order adopting a judicial referee's order finding C.B. failed to register as a sex offender. In June 2012, C.B. pled guilty to "assault IV with sexual motivation" in Washington state. The…
Date: January 22, 2018
Citation: 2018 ND 16
Docket Number: 20170159
Justia Opinion Summary: Joshua Gomez appealed an order of civil commitment after the district court determined he was a sexually dangerous individual ("SDI"). Gomez argued the district court erred in allowing the State to call as a witness an…
Date: January 22, 2018
Citation: 2018 ND 26
Docket Numbers: 20170162, 20170196
Justia Opinion Summary: Michele Brandt, as Trustee of the Michele L. Brandt Revocable Trust, appealed an order dismissing her appeal of the City of Fargo's resolution of necessity. Karen Wieland appealed a judgment dismissing her appeal to the…
Date: January 22, 2018
Citation: 2018 ND 18
Docket Number: 20170163
Justia Opinion Summary: When considering whether someone has a reasonable expectation of privacy in a container found within an automobile, courts will look at whether the individual: (1) asserts ownership of the container; (2) asserts…
Date: January 22, 2018
Citation: 2018 ND 20
Docket Number: 20170192
Justia Opinion Summary: Shawn Montgomery appealed after he conditionally pled guilty to a charge of driving under the influence. Montgomery argued the State violated his Fourth Amendment right to be free from an unreasonable search by…
Date: January 22, 2018
Citation: 2018 ND 25
Docket Number: 20170212
Justia Opinion Summary: John Dixon appealed the grant of summary judgment that dismissed his action to remove Billie Dixon as trustee of the Shirley A. Dixon Trust and sought reimbursement, an accounting and court supervision of the trust. In…
Date: January 22, 2018
Citation: 2018 ND 22
Docket Number: 20170222
Justia Opinion Summary: Parke Little appealed the denial of his petition for a writ of mandamus. Little was a disabled veteran who formerly served in the Marine Corps and the Army. Little worked for Stark County as a special deputy from…
Date: January 22, 2018
Citation: 2018 ND 23
Docket Number: 20170232
Justia Opinion Summary: Brenda Doll appealed a district court order denying her motion for reconsideration of a disorderly conduct restraining order. The North Dakota Supreme Court concluded the district court did not abuse its discretion by…
Date: January 22, 2018
Citation: 2018 ND 15
Docket Numbers: 20170234, 20170235
Justia Opinion Summary: Michael Rivera appealed after a jury found him guilty of two counts of creating or possessing sexually expressive images, two counts of attempting to create or possess sexually expressive images, and six counts of…
Date: January 22, 2018
Citation: 2018 ND 28
Docket Number: 20170256
Justia Opinion Summary: Artec Homes, LLC ("Artec") appealed an amended judgment granting foreclosure in favor of Andrew Martin ("Martin"), and dismissing Artec's claims against Martin and Greyson Financial Services, Inc. ("Greyson"). This case…
Date: January 22, 2018
Citation: 2018 ND 14
Docket Number: 20170283
Justia Opinion Summary: Sandra Glass Lenertz ("Lenertz") appealed the district court's order granting James Glass's Motion for Deposit of Funds With Court and for Satisfaction of Judgment. In 1996, James Glass ("Glass") and Lenertz divorced.…
Date: January 22, 2018
Citation: 2018 ND 12
Docket Number: 20170291
Justia Opinion Summary: Lukas Kostelecky appealed a district court's restitution order reflected within the judgment. On February 27, 2017, Kostelecky was arrested for criminal mischief, a class C felony, after damaging property at the New Town…
Date: January 22, 2018
Citation: 2018 ND 9
Docket Number: 20170300
Justia Opinion Summary: Trent Guthmiller appealed a district court judgment affirming a North Dakota Department of Transportation ("DOT") decision to disqualify his commercial driving privileges for 60 days. In October 2016, the DOT notified…
Date: January 22, 2018
Citation: 2018 ND 24
Docket Number: 20170329
Justia Opinion Summary: A jury convicted Jonathan Horvath of murder, reckless endangerment, two counts of terrorizing, and a felon in possession of a firearm, for which he was sentenced to life imprisonment without the possibility of parole.…
Date: January 18, 2018
Citation: 2018 ND 30
Docket Number: 20170247
Justia Opinion Summary: Tina Valeu appealed a second amended judgment denying her motion to modify primary residential responsibility. Valeu and Ernest Strube were married in 2009 and had one child. The parties divorced in 2013. Before the…
Date: January 4, 2018
Citation: 2018 ND 1
Docket Numbers: 20160403, 20160434
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