Justia North Dakota Supreme Court Opinion Summaries

Police responded to a house fire in Grand Forks, North Dakota, where an officer observed Antonio Medina behaving evasively and distancing himself from law enforcement. Medina left the scene in his red Ford Explorer and later returned on foot. Officers located Medina’s unattended, unlocked vehicle in a commercial parking lot nearby. Through the window, they observed keys, a cut straw with white residue, and a box for a digital scale. Officers conducted a warrantless search of the vehicle, seizing the straw, an electronic scale with residue, and small baggies. The residue tested positive for cocaine.Medina was charged with possession of a controlled substance and possession of drug paraphernalia, both class A misdemeanors. He moved to suppress the evidence, arguing the search was unconstitutional. The Northeast Central Judicial District Court denied the motion, ruling the automobile exception to the Fourth Amendment’s warrant requirement applied because there was probable cause to believe the vehicle contained evidence of a crime. Medina entered a conditional guilty plea, reserving his right to appeal the denial of his suppression motion. The North Dakota Supreme Court previously remanded the case for correction of the criminal judgment to specify that the plea was conditional, as required by state procedural rules. After the district court entered an amended judgment, Medina appealed again.The Supreme Court of the State of North Dakota reviewed whether the warrantless search was justified under the automobile exception. The court held the exception applied because the vehicle, though parked and unoccupied, was readily mobile and located in a public commercial lot. The court found probable cause based on Medina’s suspicious behavior and the drug-related items visible inside the vehicle. The court concluded that the search was valid under the automobile exception and affirmed the amended judgment. View "State v. Medina" on Justia Law

The defendant was convicted by a jury of murder, tampering with evidence, unlawful possession of a firearm, and giving false information to law enforcement following the shooting death of Mark Ramon McMillan in the basement of a barbershop in Minot, North Dakota. Both the victim and defendant had been staying in the basement, and the victim’s body was later found wrapped and bound in the boiler room. The defendant admitted to shooting McMillan, claiming self-defense. The prosecution originally charged the defendant with theft of property—firearm, but later moved to amend this count to unlawful possession of a firearm by a felon after considering a plea agreement.The District Court of Ward County granted the prosecution’s unopposed motion to amend the criminal information. After the plea agreement was rejected, the amended information remained, and the defendant entered a not guilty plea. At trial, the prosecution introduced evidence of the defendant’s prior felony conviction and recent probation termination to prove the elements of unlawful possession of a firearm by a felon. The jury found the defendant guilty on all counts.On appeal, the defendant argued that the district court violated North Dakota Rules of Criminal Procedure 7(e) by allowing the amendment to the criminal information and committed obvious error by admitting evidence of his prior conviction and probation status, allegedly in violation of Rule 403 and Old Chief v. United States. The Supreme Court of North Dakota declined to review the Rule 7(e) claim because the issue was not preserved or briefed under the obvious error standard. The court held that the district court did not abuse its discretion in admitting evidence of the prior conviction, as it was necessary to prove an element of the offense and no stipulation was made. The judgment of conviction was affirmed. View "State v. Davis" on Justia Law

The defendant was charged with multiple counts of terrorizing with a dangerous weapon or firearm and one count of preventing arrest after allegedly threatening to shoot or kill people at a restaurant in Minot, North Dakota. The prosecution claimed that the defendant made verbal threats, stated he had a gun in his backpack, gestured toward the backpack, and was later found to possess a firearm in the backpack after his arrest. The restaurant manager and a patron testified that, while they did not see the firearm, the defendant claimed to have it and threatened to use it.The District Court of Ward County dismissed seven of the eight terrorizing counts before trial. The defendant proceeded to a bench trial on one count of terrorizing and one count of preventing arrest. He stipulated to the essential elements of the terrorizing offense, disputing only whether the mandatory minimum sentence for use of a firearm applied. The trial judge found the defendant guilty on both counts and made a special finding that he possessed a firearm during the offense. The court concluded that the armed offender statute applied, ruling that possession and threat to injure using a firearm sufficed, without requiring the gun to be brandished or displayed.On appeal, the Supreme Court of North Dakota reviewed whether the district court properly interpreted and applied N.D.C.C. § 12.1-32-02.1, which mandates a minimum sentence for certain offenses involving firearms. The Supreme Court held that the statute does not require a firearm to be brandished or displayed; it is sufficient if the offender threatens to injure another through the use or means of a firearm while possessing it. The court found the district court’s interpretation reasonable and supported by the evidence and affirmed the judgment, including the mandatory minimum sentence. View "State v. Reese" on Justia Law

The defendant was charged with terrorizing—domestic violence, a class C felony, after an incident involving his ex-wife, who is also the mother of his minor child. The district court imposed a pre-dispositional order prohibiting contact with the victim, initially for thirty days. After the defendant pled guilty, the court sentenced him to two years, including three days to serve (with credit for time served) and two years of supervised probation. As a condition of probation, the court extended the no-contact order for two years, prohibiting all direct or indirect contact with the victim, including communication relevant to their minor child.After sentencing, the defendant requested an exception to allow necessary communications with the victim regarding court-ordered parenting time with their child. The district court declined, stating the defendant was not prohibited from having contact with his child but failed to provide any method for arranging parenting time, given the victim’s residential responsibility and the communication restrictions. The defendant appealed the judgment and the order extending the no-contact provision.The Supreme Court of the State of North Dakota reviewed the case. It held that, although the district court acted within statutory limits and did not rely on any impermissible factor (so the sentence was not illegal), it abused its discretion by failing to provide a means for the defendant to arrange contact with his child or to explain why no such method was allowed. The court determined that, under these circumstances, the blanket prohibition on contact with the victim—including for purposes of exercising parental rights—was arbitrary and not the result of a reasoned decision. The Supreme Court of North Dakota reversed the criminal judgment and the order extending the order prohibiting contact and remanded for resentencing, instructing the district court to consider alternatives that would permit the defendant to exercise his parental rights. View "State v. Maher" on Justia Law

A seventeen-year-old defendant was charged with murder after stabbing another individual during an altercation in a Grand Forks, North Dakota apartment parking lot. The victim died from the stab wound. With the assistance of counsel, the defendant entered into a plea agreement, pleading guilty to murder. The agreement stipulated a sixty-year sentence with twenty years suspended, and permitted the defendant to request a downward departure to as low as fifteen years. During the plea hearing, the court confirmed the defendant’s understanding of the plea and its consequences, and accepted the plea as voluntary.The District Court of Grand Forks County, Northeast Central Judicial District, presided over the case. At sentencing, the court reviewed investigative reports, victim impact statements, and arguments from both sides. The court considered the defendant’s age and behavior, including social media posts related to the incident. Ultimately, the court imposed a sixty-year sentence with twenty years suspended, consistent with the plea agreement, without granting a downward departure. The defendant did not object to the adequacy of the plea colloquy or move to withdraw the guilty plea before sentencing.The Supreme Court of North Dakota reviewed the appeal. The defendant argued that the plea was not knowing, voluntary, or intelligent due to an insufficient Rule 11 colloquy, and that the forty-year sentence was cruel and unusual punishment. The court applied the obvious error standard, finding that the District Court erred by not adequately establishing a factual basis for the plea, but concluded the error did not affect the defendant’s substantial rights. The court further held that the forty-year sentence was not grossly disproportionate to the offense and did not violate the Eighth Amendment. The Supreme Court affirmed the amended criminal judgment. View "State v. Haskins" on Justia Law

Law enforcement discovered a handgun in a vehicle parked outside a bar while the defendant was inside the bar. The defendant, who was previously convicted of a qualifying offense, was charged with unlawful possession of a firearm by a felon. At trial, the defendant objected to the proposed jury instructions regarding the definition of “possession,” arguing that the instructions failed to require proof of intent as allegedly mandated by recent amendments to the relevant statute. The defendant also moved for a judgment of acquittal, asserting insufficient evidence linked him to the vehicle containing the gun. The court denied the motion, and the jury returned a guilty verdict.The District Court of Ward County presided over the trial. The defendant’s objections to the jury instructions were overruled, and the motion for judgment of acquittal was denied. After conviction, the defendant appealed, arguing that the district court erred in its jury instructions by not requiring the State to prove intent to possess the firearm and by not entering a judgment of acquittal due to insufficient evidence that the handgun qualified as a “firearm” under the law.The Supreme Court of North Dakota reviewed the case and held that, under the amended statute, intent is required only for convictions based on constructive possession, not for actual possession, and the district court’s jury instructions properly reflected this distinction. The Court also held that there was sufficient circumstantial evidence for a rational fact finder to conclude the handgun was functional, as required by statute, and thus the district court did not commit obvious error by failing to enter a judgment of acquittal. The Supreme Court of North Dakota affirmed the criminal judgment. View "State v. Luetzen" on Justia Law

The defendant was charged with practicing law without a license after submitting court filings on behalf of another individual in a criminal case in Wells County, North Dakota. The filings included motions and related documents, each signed to indicate the defendant was representing the incarcerated individual. The State filed charges based on these actions, and after pretrial proceedings, the case proceeded to a jury trial.Prior to trial, the District Court of Wells County addressed several motions. The defendant’s motion to dismiss, based on alleged unlawful access by law enforcement to jail communications, was denied as untimely under the court’s pretrial order and applicable procedural rules. The State’s motion to amend the information to expand the offense date was granted after the court found no additional or different offense was charged and no substantial right was prejudiced. The court also ruled, over the defendant’s objection, that the offense of practicing law without a license was a strict liability crime under North Dakota law, and removed the requirement of a culpable mental state from the jury instructions. The jury returned a guilty verdict, and the district court entered a criminal judgment and sentenced the defendant.On appeal to the Supreme Court of North Dakota, the defendant raised several issues. The court only considered those claims that were properly preserved and sufficiently briefed. The Supreme Court found the district court did not abuse its discretion in denying the motion to dismiss as untimely, allowing amendment of the information, or removing the mens rea element from the jury instructions. The Supreme Court held that the statute under which the defendant was convicted is a strict liability offense, and the jury instructions accurately reflected the law. The criminal judgment was affirmed. View "State v. Olson" on Justia Law

Authorities responded to a residence to investigate an alleged assault involving a young child. Upon arrival, social workers and a detective entered the property through an open garage door, which led to an interior entryway. The resident, Shantel Lais, allowed them inside. Once inside, the detective observed hazardous conditions, including accessible firearms, open alcohol, drugs, and drug paraphernalia within reach of a two-year-old child. As a result, Christopher Golberg was charged with child neglect, unlawful possession of drug paraphernalia, and unlawful possession of a firearm.Prior to trial in the District Court of Mercer County, South Central Judicial District, Golberg moved to suppress evidence obtained during the search, arguing the detective unlawfully entered the garage without a warrant or consent, thus tainting the evidence subsequently gathered. A suppression hearing was held, where the detective testified that the garage functioned as the main entrance due to home construction and that the exterior door was open. The district court found that Golberg did not have a reasonable expectation of privacy in the garage under these circumstances and denied the motion to suppress. At trial, Golberg twice moved for judgment of acquittal on the basis that he did not reside at the house; both motions were denied. The jury found Golberg guilty of child neglect and not guilty on the other charges.On appeal, the Supreme Court of North Dakota considered whether the denial of the suppression motion and the sufficiency of the evidence were erroneous. The court held that the open garage, serving as the main access point and lacking express signs restricting entry, did not afford Golberg a reasonable expectation of privacy. Thus, no unlawful search occurred. The court also found that sufficient evidence supported the jury’s verdict on child neglect. The amended criminal judgment was affirmed. View "State v. Golberg" on Justia Law

The case centers on the disappearance of Alice Queirolo in Minot, North Dakota, in December 2020. Queirolo, who was medically vulnerable due to a brain tumor and lived with two roommates, including Shawnee Krall, maintained daily contact with her family and coworkers to monitor her health. After she failed to report to work and did not respond to welfare checks, law enforcement investigated and discovered a series of circumstantial evidence including surveillance footage, witness testimony, and Krall’s behavior following her disappearance. The prosecution presented evidence suggesting that Queirolo’s disappearance was uncharacteristic, that Krall was uncooperative during the investigation, and that Krall made statements to another inmate admitting to killing the victim. There was no direct evidence, such as a body or autopsy results, due to suppression of evidence from a warrantless search.The District Court of Ward County, North Central Judicial District, presided over a five-day jury trial. The jury found Krall guilty of intentional or knowing murder under North Dakota law. Krall was sentenced to life in prison without parole. On appeal, Krall argued that the evidence was insufficient to support his conviction, primarily because it was circumstantial and did not conclusively tie him to Queirolo’s death. He also challenged the district court’s refusal to give his requested jury instruction that circumstantial evidence must exclude every reasonable hypothesis of innocence.The Supreme Court of North Dakota reviewed the case. It held that the evidence presented at trial was sufficient for a rational jury to find Krall guilty beyond a reasonable doubt, reasoning that circumstantial evidence is as probative as direct evidence. The court also held that the district court did not err in giving the standard pattern jury instruction on circumstantial evidence and explicitly overruled prior decisions requiring the “exclude every reasonable hypothesis” instruction. The conviction and judgment were affirmed. View "State v. Krall" on Justia Law

After filing a federal discrimination lawsuit against her former employer, which was dismissed, the petitioner sent emails to the employer’s counsel that led to state criminal charges for terrorizing in Cass County, North Dakota. At trial in state district court, the petitioner was convicted by a jury and sentenced to jail time with probation. During her probation, she was found to possess a firearm, resulting in revocation of probation and a new sentence.The petitioner appealed her criminal conviction to the North Dakota Supreme Court, arguing, among other things, that the State’s failure to preserve and disclose evidence constituted a Brady violation and that the evidence was insufficient to sustain her conviction. The Supreme Court affirmed her conviction. Subsequently, in the district court, the petitioner sought postconviction relief, alleging constitutional violations, lack of subject matter jurisdiction, unlawful withholding of evidence, and ineffective assistance of counsel. She also moved to disqualify the presiding judge. The district court summarily dismissed her application, finding most claims barred by res judicata or misuse of process, and denied the motion for disqualification after a hearing.On appeal, the Supreme Court of North Dakota reviewed the district court’s rulings. It held that the district court erred by summarily dismissing the ineffective assistance of counsel claim without an evidentiary hearing, as the State had not moved for summary disposition on those claims. The court reversed and remanded for an evidentiary hearing on that issue. It affirmed the dismissal of the other claims, finding the district court had subject matter jurisdiction, correctly denied the motion to disqualify the judge, and properly dismissed other claims as procedurally barred or lacking merit. The court affirmed in part, reversed in part, and remanded for further proceedings on the ineffective assistance claim. View "Pederson v. State" on Justia Law