Justia North Dakota Supreme Court Opinion Summaries

Matthew Overholt appealed a district court order modifying its order deferring imposition of sentence. In November 2017 Overholt was charged with misdemeanor minor in possession or consumption of alcohol. In December 2017 he pled guilty. The district court entered an order deferring imposition of sentence and placed him on unsupervised probation with an end date of November 30, 2018, and with the condition that he violate no criminal laws during the probation term. The court further ordered that sixty-one days after termination of his unsupervised probation, Overholt’s guilty plea would be withdrawn, the case dismissed, and the file sealed. In April 2018 Overholt was charged with a second misdemeanor minor in possession or consumption of alcohol. In May 2018 he pled guilty in the second case, and the court entered an order deferring imposition of sentence, and placed him on unsupervised probation for three months. Overholt completed the term of unsupervised probation in the second case. Under the order deferring imposition of sentence in that case, on October 13, 2018, his guilty plea was withdrawn, the case dismissed, and the file was to have been sealed. In December 2018 the State moved the district court to modify the order deferring imposition of sentence in this case on the basis of his offense and guilty plea in the second case. The State requested Overholt’s guilty plea in this case not be withdrawn, the case not be dismissed, and the file not be sealed. On December 31, 2018, the court granted the State’s motion. The North Dakota Supreme Court reversed because the district court erred in relying on the second case that had been automatically dismissed to modify its order in this case, and because the State presented no other evidence supporting its motion. View "North Dakota v. Overholt" on Justia Law

R.A.S. was convicted of gross sexual imposition in 1991 and sentenced to eight years. In 2001 R.A.S. was convicted of possession of stolen property, and in 2002 assault on a corrections officer. As part of the sentence for the possession of stolen property charge, the district court recommended R.A.S. receive a mental health evaluation. Before his scheduled release in 2004, the State successfully petitioned to commit R.A.S. as a sexually dangerous individual. R.A.S. appealed denial of his petition for discharge and continuing commitment as a sexually dangerous individual. The North Dakota Supreme Court found the order denying R.A.S.’s petition for discharge lacked findings sufficient to satisfy the due process requirement under Kansas v. Crane, 534 U.S. 407 (2002). View "Matter of R.A.S." on Justia Law

In 2005, near the end of a five-year sentence for conviction of corruption or solicitation of a minor, the State successfully petitioned to commit T.A.G. as a sexually dangerous individual. He appealed, arguing the findings were insufficient to demonstrate he had serious difficulty controlling his behavior. The North Dakota Supreme Court reversed denial of T.A.G.'s petition for discharge because it concurred the findings were insufficient to conclude process requirement had been met under Kansas v. Crane, 534 U.S. 407 (2002). View "Interest of T.A.G." on Justia Law

James Watson was convicted by jury of continuous sexual abuse of a child in Golden Valley County, North Dakota. He conditionally pled guilty to sexual assault in Hettinger County, and he conditionally pled guilty to continuous sexual abuse of a child in Stark County. Watson argued the district court erred by granting continuances in all three cases and violated his statutory speedy trial rights. The North Dakota Supreme Court concluded the court did not abuse its discretion by granting the State’s motions for continuances in the Hettinger and Stark County cases. But Watson’s statutory speedy trial right was violated in the Golden Valley County case because trial did not begin within 90 days of Watson’s speedy trial election and the district court did not find good cause for the delay. The Court therefore affirmed the Hettinger and Stark County judgments and reversed the Golden Valley County judgment. View "North Dakota v. Watson" on Justia Law

Nicholas Morris appealed a district court order denying his application for post-conviction relief. In May 2015, Morris was involved in a physical altercation which resulted in Joey Gaarsland’s death. Morris was charged with three counts of conspiracy to commit aggravated assault and one count of murder. On appeal, Morris argued the district court erred in denying his application for post-conviction relief because: (1) accomplice to commit murder was not a cognizable offense, and (2) he was deprived of his right to effective assistance of counsel. He also argued he should have been permitted to withdraw his guilty plea. The north Dakota Supreme Court affirmed the district court’s order and held accomplice to commit murder was indeed a cognizable offense, Morris was not deprived of his right to effective assistance of counsel, and he has failed to show a manifest injustice warranting the withdrawal of his guilty plea. View "Morris v. North Dakota" on Justia Law

Alexander Hollis appealed the denial of his motion to suppress evidence. Police were called to the scene of a “loud verbal dispute.” Upon observation of Hollis, police believed he was under the influence of a controlled substance. Ultimately, Hollis was charged with unlawful possession of a controlled substance, unlawful possession of drug paraphernalia, and preventing arrest. Hollis argued on appeal the evidence should have been suppressed because he was subject to an illegal pat-down search, and he was illegally seized when he was taken to the county detention center for detoxification. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Hollis" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing an administrative hearing officer’s decision to suspend Andrew Bridgeford’s driving privileges for 91 days. The Department maintained the district court erred in finding a law enforcement officer was not within a recognized exception to the warrant requirement of the Fourth Amendment when the officer entered Bridgeford’s vehicle after he failed to respond to the officer’s actions outside the vehicle. The North Dakota Supreme Court reversed, finding the community caretaker exception applied and allowed the warrantless entry into Bridgeford’s vehicle. The suspension was reinstated. View "Bridgeford v. Sorel" on Justia Law

Karim Sabur Kabir Muhammad appealed after he was found guilty of gross sexual imposition - victim unaware. On appeal, Muhammad argued the district court erred by admitting recordings of Muhammad’s interrogations as evidence without requiring the recordings be published to the jury, by not publishing admitted evidence in open court he was denied the right to a public trial, and by excluding relevant evidence of his prior sexual contact with the victim. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Muhammad" on Justia Law

Duane Landrus appeals from an amended criminal judgment and order for restitution after a jury found him guilty of aggravated and simple assault. Landrus was involved in a violent altercation involving David Roberts, Summer Tippett, and Jason Conn, among others. Roberts testified he and Tippett fell asleep by the firepit after hosting a cook-out. They awoke sometime after 2:00 a.m. and began cleaning up when they discovered Landrus in a storage shed on the property. A fight between Landrus and Roberts ensued, and Roberts suffered a stab wound from a knife later found at Landrus’s residence. Landrus punched Tippett when she tried to intervene. The neighbor, Conn, also tried to intervene and suffered minor cuts. Two other witnesses corroborated the stories of the injured parties. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Landrus" on Justia Law

The City of West Fargo appealed a district court order suppressing evidence of Tyler Williams’ refusal to submit to a chemical test, arguing N.D.C.C. 39-20-02 contemplated an arrestee only has a statutory right to an independent test if he has already submitted to the chemical test requested by law enforcement. The North Dakota Supreme Court agreed that a plain reading of N.D.C.C. 39-20-02 required that the right to an additional independent test only arises when the driver submits to the chemical test requested by law enforcement. The North Dakota Supreme Court reversed the district court’s order suppressing evidence and remanded for further proceedings. View "City of West Fargo v. Williams" on Justia Law