Justia North Dakota Supreme Court Opinion Summaries

Garron Gonzalez appeals from an order summarily denying his application for post-conviction relief and an order denying his motion for reconsideration and to conduct discovery. In 2004, Gonzalez pleaded guilty to two counts of gross sexual imposition and was sentenced. On February 27, 2018, after six prior applications for post-conviction relief, Gonzalez, acting pro se, filed his seventh application for post-conviction relief alleging the existence of newly discovered evidence. In his application, Gonzalez claimed newly discovered DNA analysis results were available at the time of the preliminary hearing on the gross sexual imposition charge even though the detective testifying said he had not received the results. Gonzalez also claimed the State withheld a related police report of gross sexual imposition filed by the sister of one of the State's witnesses. Finally, Gonzalez claimed the State withheld the results of the physical examination of the victim in the case, the results of which he claims would not have supported the accusations. Gonzalez argued that had he known about these three pieces of evidence, he would have elected to proceed to trial instead of pleading guilty. He attached no supporting affidavits or documentation to supplement his most recent application. The North Dakota Supreme Court reversed and remanded, concluding the court erred by summarily denying his application sua sponte, and the error was not rectified by the district court's order on reconsideration. View "Gonzalez v. North Dakota" on Justia Law

Julian Bearrunner appealed after being convicted of class A misdemeanor criminal trespass and class A misdemeanor engaging in a riot, charges stemming from protests near the Dakota Access Pipeline. On appeal, Bearrunner argued the district court misinterpreted the criminal trespass statute by finding that the pasture was "so enclosed as manifestly to exclude intruders" as required to convict him of the trespassing charge. Bearrunner also argued the district court erred in finding that his conduct was "tumultuous and violent" as required to convict him of the engaging in a riot charge. Upon reviewing the record, the North Dakota Supreme Court concluded Bearrunner's conviction of class A criminal trespass under N.D.C.C. 12.1-22-03(2)(b) was supported by substantial evidence. However, there was not substantial evidence that Bearrunner engaged in violent conduct sufficient to support a conviction for the class A misdemeanor of engaging in a riot. Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact. Appellant's conduct did not rise to the level of "tumultuous and violent" as required under N.D.C.C. 12.1-25-01. View "North Dakota v. Bearrunner" on Justia Law

Melinda Strom appealed an amended criminal judgment and order for restitution. Strom pled guilty to misapplication of entrusted property in excess of $50,000 in violation of N.D.C.C. 12.1-23-07(1). Strom was sentenced to five years, all suspended for three years of supervised probation. Strom argued the district court abused its discretion in awarding restitution because it did not consider her ability to pay as required by N.D.C.C. 12.1-32-08(1). The North Dakota declared the statute unconstitutional in part and affirmed the restitution order and judgment. The Court concluded the district court did not abuse its discretion in fixing the amount of restitution without regard to the defendant's ability to pay. "To clearly state the scope of this decision, it is necessary to articulate what we do not decide here. In this matter, we examine only an award of restitution and not a contempt hearing or probation revocation for non-payment, and thus we limit consideration of ability to pay only in the context of setting the total amount of restitution. We do not completely preclude consideration of ability to pay. There may be times when such consideration may be appropriate, i.e., when determining the time or manner of payment or whether a defendant's failure to pay is willful." View "North Dakota v. Strom" on Justia Law

Alexander Pittenger appealed after a jury found him guilty of corruption and solicitation of a minor and from an order denying a motion to dismiss the charge. At the beginning of the trial the prosecutor requested closure of the courtroom during the juvenile complaining witness' testimony because it was "common practice, and it's provided by statute that the courtroom be closed." Pittenger's attorney objected because "my client has a right to an open and public trial." The district court did not conduct a hearing, make findings, or analyze the appropriate factors, and considered only that the complaining witness was a minor. The North Dakota Supreme Court concluded this was a structural error that required reversal of the criminal judgment. View "North Dakota v. Pittenger" on Justia Law

Branden Lyon appealed an amended judgment entered after his convictions for attempted murder, terrorizing, terrorizing-­domestic violence, and illegal possession of a firearm. After review, the North Dakota Supreme Court conclude Lyon's sentence was illegal because the district court did not act within statutorily prescribed sentencing limits. The amended judgment was reversed and the case remanded for resentencing. View "North Dakota v. Lyon" on Justia Law

MyKennah Lott appealed after she was found guilty of preventing arrest following a bench trial. In January 2017, Lott and an acquaintance were found walking on property owned by the Dakota Access Pipeline. Law enforcement personnel approached the pair and Lott began to "step backwards at a fairly brisk pace" while law enforcement gathered more information. Lott was eventually informed she was under arrest for trespassing. Lott resisted arrest, broke free, and eventually had to be taken to the ground in order to be arrested. After a bench trial, Lott was found guilty of preventing arrest. During sentencing, the district court asked Lott's counsel for a sentencing recommendation. Counsel conferred with Lott and requested fines and fees be waived. Nothing in the record indicated Lott was personally addressed and afforded the opportunity to speak on her behalf during the sentencing phase. On appeal of her conviction and sentence, Lott challenged the sufficiency of the evidence and claimed she was improperly denied an opportunity to address the court during sentencing. The North Dakota Supreme Court affirmed the conviction, vacated the sentence, and remanded for resentencing. View "North Dakota v. Lott" on Justia Law

Michael Foster appealed his conviction on one count of conspiracy to commit criminal mischief, one count of criminal mischief, and one count of criminal trespass. On appeal, Foster argued the district court erred in admitting or excluding certain evidence and that there was insufficient evidence to support the criminal mischief and conspiracy convictions. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "North Dakota v. Foster" on Justia Law

Raymond Christensen appealed his conviction and sentence stemming from charges for leaving the scene of an accident involving injury and aggravated reckless driving. Because the district court substantially relied upon an impermissible factor in sentencing Christensen to jail, the North Dakota Supreme Court vacated the sentence and remanded for resentencing. View "North Dakota v. Christensen" on Justia Law

Joshua Ourada appealed a district court order summarily dismissing his application for post-conviction relief. In June 2017, Ourada pleaded guilty to terrorizing and preventing arrest or discharge of other duties. Ourada was sentenced to three years of imprisonment following his guilty plea. In January 2018, Ourada filed an application for post-conviction relief, raising four issues: (1) an unlawful search; (2) exigent circumstances; (3) a challenge to the chain of custody regarding evidence; and (4) exaggerated charges. The State responded with an answer asserting Ourada waived the four issues stated in his application because all nonjurisdictional defects alleged to have occurred prior to a voluntary guilty plea are waived. The State's answer also included a request for summary disposition citing N.D.C.C. 29-32.1-09(3). Twelve days later, the district court summarily dismissed Ourada's application without a response from Ourada. Ourada asserts he was not provided with proper notice prior to summary dismissal of his application. Due process, even in the post-conviction setting, requires notice and an opportunity to be heard. The North Dakota Supreme Court concluded that because Ourada's application for post-conviction relief was summarily dismissed subsequent to the State's response and without proper notice, summary dismissal was not appropriate. The order dismissing the application for post-conviction relief was reversed and the matter remanded for further proceedings. View "Ourada v. North Dakota" on Justia Law

E.S. appealed an order requiring involuntary treatment in which the district court found him to be mentally ill and a person requiring treatment. In late 2018, Dr. Katrina DeDona submitted an application for emergency admission for E.S. to be admitted to the North Dakota State Hospital after being paroled from James River Correctional Center for a charge of terrorizing. The application alleged E.S. was often agitated, preoccupied with a belief that there was a conspiracy against him, and, as a result, unable to participate in his own treatment and discharge planning. A petition for involuntary commitment was filed, claiming E.S. was mentally ill and there was a reasonable expectation of serious risk of harm if he was not treated. E.S. requested and was appointed an independent examiner. Three witnesses, qualified as experts, were called by the petitioner, including Dr. DeDona, and the independent medical examiner. E.S. testified on his own behalf. At the conclusion of the treatment hearing, the district court issued its order on the record, finding clear and convincing evidence establishing E.S. was mentally ill and a person requiring treatment. The court ordered E.S. be hospitalized for a period not to exceed 90 days, ending February 11, 2019. On appeal, E.S. argues the district court's order was not supported by clear and convincing evidence to show he was mentally ill and a person requiring treatment. Based upon the evidence, the North Dakota Supreme Court held the district court's finding that E.S. was a person requiring treatment was not clearly erroneous, and affirmed commitment. View "Interest of E.S." on Justia Law