Justia North Dakota Supreme Court Opinion Summaries

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 2020. Goodwin filed proposed jury instructions prior to the scheduled trial. The proposed instructions included variations of the essential elements of the crime, an instruction indicating whether Goodwin refused the chemical test was a question of fact for the jury, and instructions on defenses related to confusion and mistake. Goodwin made it clear he wanted the North Dakota Supreme Court to advise whether certain instructions were acceptable and asked the district court to deny his instructions on the record to prompt appellate review. Because the Supreme Court found no adverse determination of a pretrial motion for it to consider, the Court declined to address Goodwin’s arguments. Accordingly, the judgment was affirmed. View "City of Bismarck v. Goodwin" on Justia Law

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 erred by failing to make findings on the record regarding Bazile’s motion for mistrial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Bazile" on Justia Law

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 August 2021, Gregory filed an application for post-conviction relief requesting her conviction be set aside and she be granted a new trial based on ineffective assistance of counsel. The State filed an answer which included a request for summary disposition under N.D.C.C. 29-32.1-09. The district court deferred ruling on the motion for summary disposition and ordered Gregory to submit, within 30 days, declarations and other admissible evidence in support of her petition and opposition to the motion. With no response from Gregory, the court granted summary disposition. Gregory argued to the North Dakota Supreme Court that the district court erred in granting summary disposition because the State failed to make a separate motion. The State agreed that the matter should have been reversed and remanded based on the North Dakota Supreme Court’s recent decision in Chase v. North Dakota, 966 N.W.2d 557. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Gregory v. North Dakota" on Justia Law

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 disclosure of any portion of a May 2020 executive session; and (3) the denial of his motion for attorney’s fees. In June 2020, Dr. Schmitz commenced this lawsuit, alleging that the Board violated the law regarding access to public records and meetings. The North Dakota Supreme Court declined to address Dr. Schmitz’s allegation that his right to due process was violated by the in-camera review because it was not properly preserved; reversed the denial of attorney’s fees; and remanded for additional portions of the executive sessions to be disclosed to Dr. Schmitz and for a determination of an appropriate award of attorney’s fees. View "Schmitz v. State Board of Chiropractic Examiners" on Justia Law

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 $10,039, naming Fleck and several lienholders as payees on the check. A friend of Fleck subsequently brought the check to a bank in Elgin, where the check was cashed and the funds deposited into Fleck’s bank account. After the funds had been deposited in Fleck’s account, the bank determined the endorsements from the lienholders were fraudulent and withdrew the money from Fleck’s account. Kist Livestock subsequently reissued a check, proper endorsements were obtained, and the money was distributed by cashier’s checks under an agreement between Fleck and the lienholder payees. Fleck received $400 from the reissued check under the agreement. In November 2019, the State charged Fleck with one count of theft of property by deception, a class B felony. In September 2020, Fleck moved to dismiss the matter, contending that because the only conduct alleged by the State had not occurred in Morton County, the district court did not have jurisdiction over the defendant’s alleged acts. The court denied his motion. After the State rested its case, Fleck moved for an acquittal, arguing the State had not established that any crime had occurred in Morton County, failed to prove he had knowingly obtained property by deception, failed to prove the property was property of the lienholders, or failed to prove the property or services stolen exceeded $10,000 in value. The court denied his motion. The jury returned a verdict of guilty. The North Dakota Supreme Court concluded sufficient evidence supported the jury’s verdict, and affirmed. View "North Dakota v. Fleck" on Justia Law

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’ imprisonment in case 08-2016-CR-01827, both to run concurrently. In 2017, McGinnis pled guilty to burglary and theft of property in the case ending in 00721. He was sentenced to 3 years’ imprisonment on both counts with all but 33 days suspended and was placed on probation for a period of two years. He then pled guilty to a second theft of property offense two months later in the case ending in 01827. He was sentenced to five years’ imprisonment with all but 53 days suspended and was placed on probation for a period of three years. He argued his sentence was illegal because the court resentenced him to a length of time that exceeded his original sentence. The North Dakota Supreme Court found no reversible error in 08-2016- CR-01827. The Court reversed and remanded the second amended criminal judgment entered in 08-2017-CR-00721, finding that the sentence was illegal because McGinnis was re-sentenced for a duration exceeding the suspended sentence imposed in his judgment of conviction. View "North Dakota v. McGinnis" on Justia Law

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 agree on the specific act underlying each count, and the court’s inclusion of the term “willfully” in the jury instructions was improper. At trial, Gaddie did not object to the court’s jury instructions. After reviewing the case under the obvious error standard of review, the North Dakota Supreme Court affirmed the judgment in part and reverse the judgment in part. The Court agreed with Gaddie that the sexual contact charges created a unanimity issue. Count III required the jury to find Gaddie touched the victim’s “breasts and/or vulva.” Count IV required the jury to find he touched “her vulva with his penis.” The jury instructions did not provide sufficient factual information to distinguish Count III from Count IV to the extent each permitted a finding of guilt based on a touching of the victim’s vulva. "The jurors may all have agreed Gaddie touched the victim’s vulva on two occasions, but they may not have agreed on which acts occurred. The instructions in this case clearly deviate from the rule we set out in Martinez. We conclude an obvious error occurred. The error in this case implicates Gaddie’s constitutional right to a unanimous verdict." The Court reversed the judgment as to Count III. The judgment was affirmed in all other respects. View "North Dakota v. Gaddie" on Justia Law

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 testimony, Kastet and Nicholas Fuchs exchanged messages on Facebook relating to a woman they both knew. A witness testified Fuchs approached Kastet in a Jamestown bar. The witness testified Fuchs told Kastet, “[O]kay. Let’s go,” and provoked Kastet to engage in a fight. Kastet testified he and Fuchs agreed to go outside to fight. The trial evidence included a video of the bar’s exterior. The video showed Kastet and Fuchs standing face-to-face before Kastet head-butted and punched Fuchs. Kastet was arrested and charged with simple assault. Before trial, Kastet requested jury instructions on the defenses of consent and self-defense. Kastet argued he acted in self-defense or Fuchs consented to the fight. The district court denied Kastet’s requested instructions, finding they were not appropriate in this case. A jury found Kastet guilty. The North Dakota Supreme Court determined the district court erred by failing to provide Kastet’s requested instructions. Judgment was reversed and the matter remanded for a new trial. View "City of Jamestown v. Kastet" on Justia Law

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 County. He also argued the State engaged in prosecutorial misconduct by questioning law enforcement about whether he had been interviewed. The North Dakota Supreme Court affirmed, concluding there was sufficient evidence to find Samaniego guilty of gross sexual imposition and the issue of prosecutorial misconduct was not sufficiently preserved for appeal or argued on appeal. View "North Dakota v. Samaniego" on Justia Law

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 responding officers, was able to immediately identify defendant Mitchell Halsey as one of the individuals because of his prior encounters with Halsey. Officer Mehrer checked Halsey’s name with dispatch and learned there was a warrant for his arrest. While Halsey was being placed under arrest, methamphetamine was discovered in his pocket. Further, when Officer Mehrer placed Halsey into the patrol car, Halsey informed him that he had recently tested positive for Covid. Officer Mehrer began to place a facemask over Halsey’s face, but during this process, Halsey coughed in Officer Mehrer’s direction. Officer Mehrer then transported Halsey to the hospital to be medically cleared because Halsey was severely intoxicated. Halsey was ultimately convicted by jury of attempted contact by bodily fluids, preventing arrest, and possession of controlled substances. Halsey argued the district court erred by admitting evidence identifying the felony charge underlying the arrest warrant. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Halsey" on Justia Law