Justia North Dakota Supreme Court Opinion Summaries

Jordan Borland was convicted by jury of criminal vehicular homicide at the conclusion of a third jury trial on the charge. Borland argued: double jeopardy barred his retrial; the district court erred by denying his requested jury instruction and special verdict form seeking a jury finding on double jeopardy; and he was denied the right to a speedy trial. Finding no reversible error, the North Dakota Supreme Court affirmed his conviction. View "North Dakota v. Borland" on Justia Law

Michael Lee Stands appealed a judgment and an order denying his motion to suppress evidence after entering a conditional plea of guilty to possession with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia. On appeal, Stands argued he did not consent to the search of his person. He also argued the traffic stop was unlawfully extended when police asked if he had anything on him, if she could search him, and subsequently searched him. Additionally, Stands argued the stop was unlawfully extended when officers detained him and waited for a drug dog to arrive on the scene. Finding no reversible error, the North Dakota Supreme Court affirmed judgment and the trial court's order denying Stands' motion to suppress. View "North Dakota v. Stands" on Justia Law

Appellants Somerset Court, LLC, and Kari Riggin appealed a district court judgment dismissing their action seeking a declaratory judgment regarding the validity of the North Dakota Governor’s executive orders. This case began as a challenge to the Governor’s statutory powers in issuing executive orders during the COVID-19 pandemic relating to the operations of certain North Dakota businesses. In April 2020, Somerset, an assisted living facility with an in-house salon, and Riggin, a licensed cosmetologist operating the salon as an independent contractor, claimed the executive orders prohibited Somerset and Riggin from engaging in their business and profession, and placed limitations as to their business and profession. Appellants argued the executive orders were beyond the Governor’s statutory powers; the executive orders involved fundamental rights requiring the application of the strict scrutiny standard of review; and that a declaratory judgment should have been issued as a matter of law and enforced by an appropriate writ. Because Appellants failed to adequately challenge the district court’s conclusion the case was moot, the North Dakota Supreme Court affirmed. View "Somerset Court, et al. v. Burgum, et al." on Justia Law

Rodney Friesz appealed a district court order denying his application for post-conviction relief. In 2016, Friesz was convicted by jury of manslaughter and arson, both class B felony offenses. Friesz appealed the case, asserting insufficient evidence to support the conviction, and the court erred denying his motion to suppress. The North Dakota Supreme Court affirmed the conviction and remanded with instructions for the district court to correct a clerical error in the criminal judgment. In 2018, Friesz filed his first application for post-conviction relief, arguing: (1) his conviction was based on a coerced confession; (2) the evidence admitted was obtained by an unlawful search and seizure; his arrest was unlawful; (3) he was denied the right to call witnesses to testify on his behalf; (4) the State failed to disclose certain evidence; (5) he was denied effective assistance of counsel; and (6) he was denied his right to appeal. The district court denied his application and the Supreme Court summarily affirmed the denial of the application. In 2020, Friesz filed a second application for post-conviction relief, alleging: (1) ineffective assistance of trial counsel; (2) denial of effective assistance of counsel on his post-conviction appeal with appellate counsel; (3) insufficiency of evidence to sustain a conviction; (4) denial of his fourth amendment rights regarding the warrantless search of the residence, the seizure of a firearm, and the failure of the court to grant his motion to suppress; and (5) failure to disclose evidence by the prosecution. The district court dismissed Friesz’s application after finding the two-year statute of limitations in N.D.C.C. 29-32.1-01(2) barred the relief requested, and the application did not state any exceptions to the limitations period listed in N.D.C.C. 29-32.1-01(3). The court found all grounds for relief asserted by Friesz had been or could have been raised in his direct appeal from his conviction or in his previous application for post-conviction relief. Here, Friesz argued in part that the district court acted prematurely in dismissing his application two days after the State requested dismissal, and prior to receiving a response from him. To this, the Supreme Court concurred--the district court erred in its premature ruling. The ruling was reversed and the matter remanded for further proceedings. View "Friesz v. North Dakota" on Justia Law

Sean Spillum was convicted by jury of possession of certain materials prohibited. Spillum was under criminal investigation for uploading suspected child pornography to a cloud storage service. Officers interviewed Spillum on three separate occasions regarding electronic devices that were seized from Spillum’s home and the explicit material discovered on the devices. A day before his third interview, a warrant had been issued for Spillum’s arrest. Officers did not notify Spillum of the existence of the arrest warrant before or during the interview. At the beginning of the interview, the officers told Spillum he was not under arrest. Spillum was informed he was not required to speak with law enforcement or answer their questions. The officers offered to assist Spillum obtain an attorney at his request. Spillum did not request an attorney, and he answered the officers’ questions. At the end of the interview, officers informed Spillum he was not permitted to leave and placed him under arrest. Spillum argued on appeal that the State failed to establish the offense was committed within Ward County, North Dakota. Spillum also argued the district court erred in denying his motion to suppress because he was subject to a custodial interrogation and entitled to Miranda warnings after an arrest warrant had been issued. Finding no reversible error, the North Dakota Supreme Court affirmed Spillum's conviction. View "North Dakota v. Spillum" on Justia Law

Byron Whetsel appealed an order denying his petition for post-conviction relief. Because the district court summarily dismissed Whetsel’s application subsequent to the State filing a response to the application without allowing Whetsel an opportunity to reply to the State’s assertions, and in the absence of a pending motion by the State, the North Dakota Supreme Court reversed and remanded. View "Whetsel v. North Dakota" on Justia Law

Cody Atkins appealed district court orders denying his application for post-conviction relief and his motion to reconsider. Atkins pleaded guilty to gross sexual imposition in 2015. The North Dakota Supreme Court affirmed Atkins’s criminal judgment, and upon review of his motion for post-conviction relief, found he did not timely appeal the trial court's order denying relief. Furthermore, the Court found Atkins' motion to reconsider was another application for post-conviction relief, and the district court did not err in denying that request either. View "Atkins v. North Dakota" on Justia Law

James Watson appealed the denial of his motion to withdraw his guilty plea to continuous sexual abuse of a child. Watson argued the district court failed to properly analyze his understanding of the terms of the plea agreement, and the court did not make factual findings or legal conclusions to support its decision. Finding no reversible error, the North Dakota Supreme Court affirmed Watson's conviction. View "North Dakota v. Watson" on Justia Law

Shalee Youngbird appealed an amended judgment to include restitution. Youngbird pled guilty to theft of property, reckless endangerment, and duty in accident involving death or personal injury. At the change of plea hearing, Youngbird pled guilty and the State presented the factual basis for Youngbird’s guilty plea. Youngbird agreed to this factual basis and the State provided a sentencing recommendation, which included restitution. The district court then sentenced Youngbird, informing the parties on the record that restitution would be left open for 90 days. Two months later, the State moved to amend the criminal judgment, requesting the court amend it to include restitution. Neither party requested a hearing on the motion, nor was a restitution hearing held. An order amending judgment to include restitution was filed, and a subsequent order amending judgment to include restitution, attributing the restitution to two of the counts, was filed a month later. Youngbird argued the district court lost jurisdiction to order restitution, erred in ordering restitution and erred in the amount of restitution, and erred by failing to hold a hearing on restitution. The North Dakota Supreme Court reversed the amended criminal judgment and remanded for a hearing on restitution. View "North Dakota v. Youngbird" on Justia Law

Megan Evanson appealed criminal judgments imposed in two consolidated cases. Evanson and her husband were involved in the theft of a catalytic converter from a truck and several tools from two different individuals. In the first case, Evanson was charged with criminal trespass, a class B misdemeanor, criminal mischief, a class B misdemeanor, and theft, a class A misdemeanor. In the second case, Evanson was charged with burglary, a class C felony, and theft, a class C felony. Evanson entered not guilty pleas in both cases. Evanson changed her pleas to guilty on February 21, 2020, and was sentenced in both cases that same day. At the sentencing hearing, the State read Evanson’s criminal history to the district court and Evanson made no objection. In the first case, Evanson was sentenced to 19 days with 19 days’ credit for time served. In the second case, Evanson was sentenced to 11 months in custody with all but 19 days suspended, with 18 months of supervised probation, credit for 19 days previously served, and fines to be paid by September 30, 2020. Evanson filed her notice of appeal on February 28, 2020, arguing the district court improperly considered her prior convictions at sentencing without knowing whether the convictions were counseled. Evanson claimed her criminal history should not have been considered as a factor in sentencing because the State did not inform the court whether her prior convictions were uncounseled and without proper waiver. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgments. View "North Dakota v. Evanson" on Justia Law