Justia North Dakota Supreme Court Opinion Summaries

In October 2018, Robert Pulkrabek was charged with driving under the influence, resisting arrest, and driving under suspension. In July 2020, he was charged with driving under suspension and failure to transfer title. In November 2020, he was charged with three counts of issuing checks without sufficient funds. In March 2021, he was charged with two counts of terrorizing. On June 1, 2021, Pulkrabek filed a request for final disposition of the pending charges within 90 days under the Uniform Mandatory Disposition of Detainers Act, N.D.C.C. ch. 29-33. If not waived or extended, the 90 day deadline expired on August 30, 2021. At the first status conference in June 2021, the district court allowed Pulkrabek’s attorney to withdraw. The court then discussed the timeline for trials with Pulkrabek and told Pulkrabek he would be assigned new counsel. The court advised Pulkrabek he was entitled to trials within 90 days but asked if he was comfortable with the trial dates already scheduled in three of the cases. Pulkrabek responded “yes” and stated “I’m comfortable with those dates.” Trials were set for October 6 and 8, 2021. A second attorney was appointed a week after the first withdrew; a continuance was granted. Due to transportation problems, Pulkrabek was unable to attend the preliminary hearing, so it was rescheduled for October 7, 2021. Pulkrabek’s second attorney moved to withdraw from the representation on September 27, 2021. At an October 2021 status conference, the district court granted the withdrawal and stated the trials and preliminary hearing would be rescheduled due to a third attorney assignment. The court advised Pulkrabek that would be the final time trials were continued. Pulkrabek told the court he was filing a motion to dismiss his pending cases. Days later, a third attorney was appointed to represent Pulkrabek. On October 15, Pulkrabek moved to dismiss the charges against me for expiration of the 90 day deadline. When that was denied, Pulkrabek subsequently entered into a global plea agreement covering all cases and pleaded guilty to the charges. On appeal of his convictions Pulkrabek argued district court committed a structural error by violating his right to counsel when asking Pulkrabek whether he agreed to trial dates outside the 90 day window in the Uniform Mandatory Disposition of Detainers Act. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Pulkrabek" on Justia Law

Salamah Pendleton was convicted by jury on two counts of murder, two counts of attempted murder, terrorizing, reckless endangerment, and possession with intent to deliver marijuana. Pendleton argued on appeal: (1) his constitutional right to a public trial was violated; (2) his right to be physically present at trial was violated; (3) he was convicted of a non-cognizable offense; (4) juror misconduct occurred that violated his right to confrontation and an impartial jury; and (5) the court erred by not applying the ameliorating legislation of N.D.C.C. § 19.03.1-23, reducing possession with intent to deliver marijuana to a Class C felony. Finding only that the trial court miscalculated Pendleton’s sentence, the North Dakota affirmed in part, reversed in part, and remanded for resentencing. View "North Dakota v. Pendleton" on Justia Law

Milford Netterville appealed the revocation of his probation, and his resentencing to two years’ imprisonment. In 2020, Netterville pled guilty to domestic violence, for which he was originally sentenced to 366 days’ imprisonment with credit for 99, and 18 months of supervised probation. In 2021, the State petitioned to revoke probation when Netterville failed to report to his probation officer in October and November 2021. He argued the district court entered an illegal order because the court failed to give him credit for time served and there was ambiguity in the court’s sentence. After review, the North Dakota Supreme Court concluded the revocation did not take into account the credit for time served. Judgment was reversed and the matter remanded with instructions for resentencing. View "North Dakota v. Netterville" on Justia Law

John Bridges appealed district court orders and judgments granting the State’s motions for summary judgment and denying Bridges’ applications for postconviction relief as untimely, barred by misuse of process and res judicata, and for lack of genuine issues of material fact. Bridges was convicted following guilty pleas to murder and kidnapping in 2012 and attempted murder in 2013. He did not appeal either conviction. Bridges previously applied for postconviction relief. Bridges argues summary disposition of his applications was inappropriate and he was entitled to evidentiary hearings in each case. Finding no reversible error however, the North Dakota Supreme Court affirmed the district court orders. View "Bridges v. North Dakota" on Justia Law

Richard Anderson appealed an order denying his motion challenging the constitutionality of N.D.C.C. § 12.1-32-07(4)(r) and seeking modification of his probation conditions. He argued the probation condition restricting his internet access violated his constitutional rights. The North Dakota Supreme Court affirmed, concluding Anderson’s as-applied challenge to the constitutionality of the statute was not ripe for review. View "North Dakota v. Anderson" on Justia Law

Edward Skorick appealed a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. Skorick argued the district court’s factual findings were insufficient to legally conclude he had serious difficulty controlling his behavior. Specifically, Skorick contended because he did not receive negative behavioral acknowledgements over the review period, the State failed to meet its burden. The North Dakota Supreme Court found the district court made adequate findings to demonstrate Skorick had serious difficulty controlling his behavior. The district court considered the testimony and evidence presented, including Skorick’s past and present conduct, in making its finding he has serious difficulty controlling his behavior. The court noted Skorick’s history of negative behavior at the North Dakota State Hospital, including being oppositional to staff, cursing at staff, and calling staff stupid, to the point of having outside time cut short. The court found Skorick has threatened to commit an offense to get out of the State Hospital so he can return to the state penitentiary. The court stated these behaviors had occurred through October 2020, roughly one year before the hearing, but also indicated Skorick had engaged in inappropriate behavior in early 2021. The court found Skorick refused blood pressure medication in October 2020, and the record reflects Skorick has a history of refusing his medication, including a period in May 2021. The court found, although he did not recently receive negative behavioral write ups, Skorick had not implemented meaningful changes to interrupt his pattern of sexual offenses, Skorick continued to be impulsive and disregard the feelings of others, and Skorick’s behavioral issues remained unchanged and pervasive. Accordingly, the district court judgment was affirmed. View "Interest of Skorick" on Justia Law

David Mbulu appealed a district court order granting his application for post-conviction relief in part and denying it in part. In 2017, Mbulu was convicted of conspiracy to commit gross sexual imposition, accomplice to gross sexual imposition, conspiracy to commit murder, and attempted murder. In 2018, Mbulu applied for post-conviction relief, alleging various claims of ineffective assistance of counsel, including that his trial counsel failed to subpoena and call his co-defendant, Jean-Michael Kisi, to testify during the trial. He claimed Kisi’s testimony would have resulted in a different outcome on the conspiracy to commit gross sexual imposition and accomplice to gross sexual imposition charges. Mbulu later moved to amend his application to include claims that his trial and appellate attorneys were ineffective because they failed to object to errors in the jury instructions for the conspiracy to commit murder and conspiracy to commit gross sexual imposition charges, which allowed him to potentially be convicted of non-cognizable offenses After review, the North Dakota Supreme Court concluded the district court did not err by denying Mbulu’s claims related to the jury instructions for the conspiracy to commit gross sexual imposition charge. However, the Court also concluded the court erred by summarily dismissing Mbulu’s ineffective assistance of counsel claim related to the failure to call his co-defendant as a witness during the criminal trial. Accordingly, judgment was affirmed in part, reversed in part, and remanded for further proceedings. View "Mbulu v. North Dakota" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing a Department hearing officer’s decision to suspend McKayla Hanson’s driving privileges. Hanson was arrested for driving under the influence of intoxicating liquor. Deputy Kyle Haman administered a chemical breath test using the Intoxilyzer 8000. The hearing officer found that Deputy Haman was the field inspector who installed the Intoxilyzer 8000 used in this matter and that he fairly administered the test in accordance with the approved method. The district court reversed the decision, concluding that the evidence did not show “when and if the Intoxilyzer was properly installed” and that the hearing officer abused her discretion in admitting the chemical breath test results. The Department argued on appeal to the North Dakota Supreme Court that documentation established the Intoxilyzer 8000 was installed by a field inspector before its use, and the hearing officer did not abuse her discretion in admitting the chemical breath test results. To this the Supreme Court concurred, reversed the district court judgment and reinstated the hearing officer’s decision. View "Hanson v. NDDOT" on Justia Law

Aisha Piker appealed an amended criminal judgment ordering her to pay restitution. In February 2021, the State charged Piker with aggravated assault after allegedly stabbing her boyfriend in the hand. In June 2021, Piker entered into a plea agreement and pleaded guilty to a reduced charge of disorderly conduct. The plea agreement provided that Piker would pay restitution as determined at a later date. The district court accepted the plea agreement and entered judgment. Piker argued the district court erred in determining the restitution amount. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Piker" on Justia Law

In May 2021, the State filed a complaint charging Madison Dearinger with hindering law enforcement, a class C felony, and false information to law enforcement, a misdemeanor. Under the felony count, the State alleged Dearinger provided false information to a law enforcement officer before and after her father, Adam Dearinger, committed burglary. At the preliminary hearing, Dearinger moved to dismiss the felony charge of hindering law enforcement arguing she did not commit a felony because she did not know Adam Dearinger committed burglary at the time she lied to law enforcement. The district court found Dearinger knew of conduct constituting assault and violation of a protection order, but did not analyze whether she knew of conduct constituting burglary. The court determined the State failed to provide evidence for the felony enhancement and dismissed the hindering law enforcement charge. The State argued the evidence presented was sufficient to support a finding of probable cause for the felony charge of hindering law enforcement under N.D.C.C. § 12.1-08-03. To this the North Dakota Supreme Court agreed and reversed the trial court’s judgment. View "North Dakota v. Dearinger" on Justia Law