Justia North Dakota Supreme Court Opinion Summaries

Mandie Le Ekstrom appealed after a jury found her guilty of driving under the influence. After review, the North Dakota Supreme Court concluded the district court did not err in denying her motion to dismiss on state and federal constitutional double jeopardy grounds. However, the Court found the court erred in sentencing her because the jury did not find her chemical breath test result was .16 or greater. Therefore, conviction was affirmed, but the sentence was vacated and the matter was remanded for resentencing. View "City of West Fargo v. Ekstrom" on Justia Law

Branden Lyon appealed from an amended criminal judgment sentencing him to life imprisonment with the possibility of parole. In October 2015, Lyon was charged with attempted murder, terrorizing, terrorizing-domestic violence, and illegal possession of a firearm. These charges stemmed from a 2015 incident during which Lyon barricaded himself in a home and had an extended encounter with police officers. At one point during the encounter, Lyon shot at the police officers who had surrounded the home. A jury found Lyon guilty on all counts. On appeal, Lyon argued there was insufficient evidence to sustain his convictions, and the district court erred by not adequately considering the sentencing factors set forth in statute. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Lyon" on Justia Law

Randy Jensen appealed a district court order denying his motion to correct an illegal sentence. Because the North Dakota Supreme Court determined Jensen was not given seven days to respond to the State’s answer brief under N.D.R.Ct. 3.2(a)(2), it reversed the district court order and remanded for an opportunity to respond. View "North Dakota v. Jensen" on Justia Law

Ross Thomas appealed after a jury found him guilty of felonious restraint. In February 2017, the State charged Thomas with aggravated assault, felonious restraint, terrorizing, and reckless endangerment. The case proceeded to trial in March 2018. A jury convicted Thomas of terrorizing, and acquitted him of aggravated assault and reckless endangerment. It did not reach a verdict on the felonious restraint charge. Soon thereafter, the State gave notice of its intent to retry Thomas for felonious restraint. Thomas’s second trial was continued and ultimately was held in April 2019. Thomas argued the district court abused its discretion in granting the State’s request for a continuance because the State did not move for a continuance and there was no good cause for a continuance. The North Dakota Supreme Court found no abuse of the district court's discretion, and no other reversible error. Therefore, it affirmed his conviction. View "North Dakota v. Thomas" on Justia Law

Corey Wickham was working as a rideshare driver when he allegedly stopped a passenger from exiting his automobile, kissed her on the mouth, put his hands down her pants, digitally penetrated her, and touched her breasts. He was charged with two counts of gross sexual imposition. A jury found Wickham guilty on both counts. Wickham appealed his eventual convictions, arguing the district court erred by admitting expert opinion testimony. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Wickham" on Justia Law

Alexander Lail appealed from a criminal judgment entered upon a jury verdict finding him guilty of two counts of attempted murder. Lail argued there was insufficient evidence to support the guilty verdicts. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Lail" on Justia Law

Rodney Chisholm appeals from a district court order summarily dismissing his application for postconviction relief. Chisholm was convicted of murder in 2011 and sentenced to 30 years’ imprisonment. Chisholm filed his first application for postconviction relief in 2013. In that application, Chisholm alleged ineffective assistance of trial and appellate counsel. The district court summarily denied Chisholm’s application, and he appealed. The North Dakota Supreme Court reversed and remanded. On remand, the district court again denied Chisholm’s application and he appealed. The Supreme Court affirmed the district court the second time. In this case, the Supreme Court concluded Chisholm's his claim for ineffective assistance of postconviction counsel was barred under N.D.C.C. 29- 32.1-09(2), and his other claims were barred by res judicata. Therefore, the Court affirmed the summary dismissal of his postconviction relief application. View "Chisholm v. North Dakota" on Justia Law

Jim Wallitsch appeals from the amended judgment arguing the district court erred by not giving an instruction regarding a statement made by a potential juror during voir dire. Wallitsch was charged with aggravated assault and tampering with physical evidence. During voir dire potential jury members were asked if anyone had a problem being a fair and impartial juror. One potential juror, a Homeland Security agent, stated, “I’m fairly certain I’ve arrested your client before.” The person was excused from the panel, the exchange was not discussed further, and the jury subsequently found Wallitsch guilty on both counts. Specifically, Wallitsch argued on appeal to the North Dakota Supreme Court the district court obviously erred and reversal was required when, during voir dire, a Homeland Security agent said he previously arrested the defendant and no curative instruction was given to the venire or the jury. Finding the district court did not "obviously err" by not providing a curative instruction regarding the potential juror's comments, the Supreme Court affirmed. View "North Dakota v. Wallitsch" on Justia Law

David Mondragon appeals from conditional pleas of guilty to gross sexual imposition and sexual assault. The State filed an information charging Mondragon with class A felony gross sexual imposition and two counts of class C felony sexual assault. Mondragon waived his right to a preliminary hearing and not guilty pleas were entered on all counts. On June 12, 2018, Mondragon filed a request for a speedy trial. At the pretrial conference on July 17, 2018, Mondragon’s counsel suggested a trial date be set “and if we need a continuance, we can request it later.” A trial date was set for August 1, 2, and 3, 2018. Thereafter, in July, August, and December 2018, the State requested three continuances which the district court granted. Mondragon argues the district court erred by granting the State’s requests for continuances, claiming the court denied him his statutory right to a speedy trial. Determining the court's finding of good cause was not arbitrary, unreasonable, or unconscionable, the North Dakota Supreme Court concluded Mondragon’s right to a speedy trial was not violated by the continuances, and affirmed the criminal judgment. View "North Dakota v. Mondragon" on Justia Law

Kerry Komrosky appealed a criminal judgment after entering a conditional plea of guilty to three drug-related charges. In his plea, Komrosky reserved his right to appeal the district court’s denial of his motion to suppress evidence. Komrosky argued the district court erred in finding the warrantless entry into his home fell within the emergency exception to the warrant requirement and the evidence seized was in plain view. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Komrosky" on Justia Law