Justia North Dakota Supreme Court Opinion Summaries

Ashley Hunter appealed an order denying his application for post- conviction relief. Hunter was charged with two counts of murder and one count of arson. After a nine-day jury trial, he was found guilty of all charges. On appeal, he argued the district court abused its discretion in determining res judicata barred his claim of judicial bias, and that he did not receive a Miranda warning. Hunter also argued the district court erred in denying his claims for ineffective assistance of counsel. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Hunter v. North Dakota" on Justia Law

Kimberly Long appealed following her conditional guilty plea to refusal to submit to a chemical test, a class B misdemeanor. Long argued N.D.C.C. 39-08-01(1)(f) was ambiguous, and the legislative history required a driver to be informed of their right to refuse to take a test to determine their blood alcohol content. The North Dakota Supreme Court concluded N.D.C.C. 39-08-01(1)(f) was not ambiguous and did not require a driver to be informed of a right to refuse to submit to a chemical test to determine their blood alcohol content, therefore affirming judgment. View "North Dakota v. Long" on Justia Law

Christopher Devine appealed after conditionally pleading guilty to criminal vehicular homicide (a class A felony), and two counts of criminal vehicular injury (class C felonies). Devine argued the district court was required to suppress the results of the chemical blood test because he was provided with an incomplete implied consent advisory. After review of the trial court record, the North Dakota Supreme Court concluded the exclusionary rule previously codified within N.D.C.C. 39-20-01(3)(b) did not apply to a test obtained pursuant to N.D.C.C. 39-20-01.1. View "North Dakota v. Devine" on Justia Law

Kenton Onstad, individually in his capacity as a resident and elector of North Dakota District 4 and as chair of the District 4 Democratic-NPL Party, petitioned for a writ of mandamus to compel Secretary of State Alvin Jaeger to remove Terry Jones from the general election ballot as a candidate for the House of Representatives from District 4. Onstad argued Jones was constitutionally ineligible to hold the office of representative from District 4 because he will not have been a North Dakota resident for one year immediately prior to the November general election. Considering all of the facts and circumstances, the North Dakota Supreme Court found Jones would have been a North Dakota resident for more than one year at the time of the November 3, 2020 general election. Therefore, Jones satisfied the constitutional residency requirement for election to the office of state legislator and it was not error to place his name on the ballot. The Court denied Onstad’s petition for a writ of mandamus. View "Onstad v. Jaeger, et al." on Justia Law

Kylie Oversen, individually and as chairwoman of the Democratic-Non-Partisan League Party of North Dakota, and Jason Anderson, as a candidate nominated by the Democratic-Non-Partisan League Party of North Dakota for the statewide elective office of North Dakota Insurance Commissioner, petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of mandamus to direct Secretary of State Alvin Jaeger to accept and certify Anderson for inclusion on the November 3, 2020 general election ballot for the office of insurance commissioner. Oversen and Anderson argued there was a vacancy on the ballot for that position and Jaeger was required to place Anderson’s name on the ballot as the nominated and endorsed Democratic-NPL party candidate for the office under N.D.C.C. 16.1-11-18(4). After review, the Supreme Court concluded Jaeger correctly applied North Dakota law by refusing to include Anderson on the general election ballot. Therefore, the Court denied the petition. View "Oversen, et al. v. Jaeger" on Justia Law

The City of West Fargo (the “City”) petitioned the North Dakota Supreme Court for a supervisory writ to direct the district court to vacate a pretrial order requiring the City to produce at trial the individual (or the “Witness”) who initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device used to administer a chemical breath test to Brady Johnson. The City charged Johnson with driving under the influence following a chemical breath test adminstered by law enforcement using an Intoxilyzer 8000 testing device. Johnson objected to the introduction of the analytical report at trial, arguing cross-examination of the Witness is required under the Confrontation Clause and Rule 707 of the North Dakota Rules of Evidence. According to the City and Johnson, the Witness initially inspected and reviewed the installation of the Intoxilyzer 8000 testing device which was used to administer Johnson’s breath test. She signed two documents entitled, “Intoxilyzer 8000 Initial Inspection” and “Intoxilyzer 8000 Installation and Repair Checkout.” The City responded to Johnson’s objection, arguing the documents signed by the Witness were not testimonial statements under the Confrontation Clause or Rule 707 as to require the City to produce the Witness for trial. The district court ordered the City to produce the Witness at trial. The Supreme Court exercised its supervisory jurisdiction and vacated the district court order, concluding the Witness did not make any testimonial statements under the Confrontation Clause or Rule 707 of the North Dakota Rules of Evidence requiring the City to produce her at trial. View "City of West Fargo v. Olson, et al." on Justia Law

In June 2000, M.J.W. pled guilty to two misdemeanor offenses. In January 2001, he again pled guilty to a misdemeanor offense. In July 2003, he pled guilty to three misdemeanor offenses. In each of these three criminal cases, the district court sentenced M.J.W. to a suspended jail sentence, a fine, and unsupervised probation. M.J.W. was convicted of additional criminal offenses in October 2003 and August 2004. In October 2019, M.J.W. petitioned the district court under N.D.C.C. ch. 12-60.1 to seal records in each of the five cases. The State opposed M.J.W.’s petitions in the first three cases, arguing that M.J.W.’s subsequent convictions within three years of release from probation barred him from filing the petitions. The State did not oppose M.J.W.’s petitions in the October 2003 and August 2004 cases. The district court held a consolidated hearing on M.J.W.’s petitions in December 2019. At the close of the hearing, the State argued M.J.W. did not qualify for relief under N.D.C.C. 12-60.1-02(1)(a) because he had been convicted of new crimes within three years of his release from probation in each of those cases. The district court found the terms of N.D.C.C. 12-60.1-02(1)(a) to be ambiguous, and applying the rule of lenity, granted M.J.W.’s petitions and sealed the records in all five cases. Upon the State's appeal, the North Dakota Supreme Court determined the district court misapplied the law. Judgment sealing the records was reversed. View "North Dakota v. M.J.W." on Justia Law

Rick Berg, as a resident and elector of North Dakota, and as chairman of the North Dakota Republican Party, petitioned this Court to exercise its original jurisdiction and issue a writ of mandamus directing Secretary of State Alvin Jaeger to remove Travisia Jonette Minor, A/K/A Travisia Martin from the November 3, 2020, general election ballot for the office of insurance commissioner. Martin filed an affidavit of candidacy, statement of interest, and certificate of endorsement with Jaeger requesting she be placed on the primary election ballot as the North Dakota Democratic-NPL party candidate for North Dakota Insurance Commissioner. In the affidavit of candidacy, Martin certified she met the requirements to hold the office of insurance commissioner. The executive director of the North Dakota Republican Party sent a letter to Jaeger stating Martin was ineligible to hold the office of insurance commissioner because she was not a North Dakota resident for five years preceding the November 2020 election. The Republican Party alleged Martin was ineligible to hold elective office because she voted in Nevada in the November 2016 election. Martin asserted she had maintained her physical residence in North Dakota since 2015. Jaeger refused to remove Martin from the ballot, stating he could only remove a candidate from the ballot if the candidate refused to accept the party nomination or if ordered to do so by a court. After review of the evidence, the North Dakota Supreme Court had "no doubt" Martin fully formed the intent to make North Dakota her legal residence at some point after 2016. However, all of the evidence and testimony presented to the Court regarding Martin’s intent and her actions, both prior-to and up until her vote in 2016, suggested she had not fully abandoned her Nevada domicile and residency, and she continued to avail herself of the rights of being a citizen of Nevada. She availed herself of these rights specifically to the exclusion of exercising many of those rights in North Dakota, including the right to vote. Therefore, the Court exercised its original jurisdiction to consider Berg’s petition, and granted an alternative writ of injunction. View "Berg v. Jaeger, et al." on Justia Law

Petitioners Michael Haugen, Jacob Stutzman, Trent Barkus, and the Brighter Future Alliance sought a writ to enjoin North Dakota Secretary of State Alvin Jaeger from placing an initiated measure on the November 3, 2020 ballot. The measure sought to amend the North Dakota Constitution concerning elections and legislative districting. After review, the North Dakota Supreme Court granted the writ, concluding the petition did not comply with the constitutional requirement that it contain the full text of the measure. The Court set aside the Secretary of State’s decision to place Measure 3 on the November ballot and enjoined him from doing so. View "Haugen, et al. v. Jaeger, et al." on Justia Law

The Plaintiffs, in their individual capacities and on behalf of similarly situated taxpayers, sought declaratory relief regarding chapter 61-33.1, N.D.C.C., relating to the ownership of mineral rights in lands subject to inundation by the Garrison Dam, was unconstitutional. The district court concluded that N.D.C.C. 61-33.1-04(1)(b) was on its face unconstitutional under the “gift clause,” and enjoined the State from issuing any payments under that statute. The court rejected Plaintiffs’ constitutional challenges to the rest of chapter 61-33.1. The Defendants appealed and the Plaintiffs cross-appealed the trial court’s orders, judgment, and amended judgment. After review, the North Dakota Supreme Court reversed that portion of the judgment concluding N.D.C.C. 61- 33.1-04(1)(b) violated the gift clause and the court’s injunction enjoining those payments. The Supreme Court also reversed the court’s award of attorney’s fees and costs and service award to the Plaintiffs because they were no longer prevailing parties. The Court affirmed the remainder of the orders and judgment, concluding the Plaintiffs did not establish that chapter 61-33.1 on its face violated the North Dakota Constitution. View "Sorum, et al. v. North Dakota, et al." on Justia Law