Justia North Dakota Supreme Court Opinion Summaries

Terri Yellow Hammer appealed an amended criminal judgment awarding restitution in the amount of $193,885.59. Yellow Hammer pled guilty to criminal vehicular homicide and criminal vehicular injury arising out of a crash with another vehicle. Conan Magilke died at the scene, and Angela Magilke sustained significant injuries. On appeal, Yellow Hammer argued the district court erred in ordering restitution for future medical expenses in the amount of $95,000. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Yellow Hammer" on Justia Law

Perry Oshiro II appealed a district court order denying his motion to correct his sentence. On appeal, Oshiro argue the court illegally sentenced him because the court did not give him credit for all the days he previously had served. Because Oshiro was released from prison while this appeal was pending, the North Dakota Supreme Court dismissed the appeal as moot. View "North Dakota v. Oshiro" on Justia Law

The State appealed the dismissal of a criminal child neglect case against Antoinette Rodriguez. The State argued Rodriguez had sufficient notice of the charge against her, and the district court erred when it dismissed the amended information against Rodriguez. After review, the North Dakota Supreme Court affirmed, concluding the district court did not abuse its discretion by dismissing the amended information. View "North Dakota v. Rodriguez" on Justia Law

Randy Houle was convicted by jury of aggravated assault and false information to law enforcement. On appeal, Houle argued the district court erred in improperly instructing the jury regarding circumstantial evidence. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Houle" on Justia Law

Dean Benter was convicted by jury on six counts of possession of certain materials prohibited. Benter argued he did not knowingly, intelligently, and voluntarily waive his right to counsel, and contended the district court failed to question him during trial to determine whether or not he was competent to present his own defense. Finding no reversible error, the North Dakota Supreme Court affirmed Benter’s convictions. View "North Dakota v. Benter" on Justia Law

In November 2019, Josiah Koval pleaded guilty to stalking. Koval entered a conditional guilty plea to violating a protection order. He later appealed the denial of his motion to dismiss the charges against him, arguing the underlying post-disposition order prohibiting contact was illegal. Finding that Koval’s arguments were an impermissible collateral attack on the 2019 judgment, the North Dakota Supreme Court affirmed the denial. View "North Dakota v. Koval" on Justia Law

Richard Goodwin, II appealed a corrected criminal judgment entered after he conditionally pleaded guilty to actual physical control of a motor vehicle while under the influence - refusal. Goodwin was cited in September 2020. Goodwin filed proposed jury instructions prior to the scheduled trial. The proposed instructions included variations of the essential elements of the crime, an instruction indicating whether Goodwin refused the chemical test was a question of fact for the jury, and instructions on defenses related to confusion and mistake. Goodwin made it clear he wanted the North Dakota Supreme Court to advise whether certain instructions were acceptable and asked the district court to deny his instructions on the record to prompt appellate review. Because the Supreme Court found no adverse determination of a pretrial motion for it to consider, the Court declined to address Goodwin’s arguments. Accordingly, the judgment was affirmed. View "City of Bismarck v. Goodwin" on Justia Law

Mackenzy Bazile appealed after a jury convicted him of gross sexual imposition. Bazile argued the district court erred in denying his motion for mistrial based on prosecutorial misconduct. Bazile also argued the court erred by failing to make findings on the record regarding Bazile’s motion for mistrial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Bazile" on Justia Law

Komikka Gregory appealed a district court order summarily dismissing her petition for post-conviction relief. In 2018, a jury found Gregory not guilty of the charge of murder, but guilty of a charge of manslaughter. In August 2021, Gregory filed an application for post-conviction relief requesting her conviction be set aside and she be granted a new trial based on ineffective assistance of counsel. The State filed an answer which included a request for summary disposition under N.D.C.C. 29-32.1-09. The district court deferred ruling on the motion for summary disposition and ordered Gregory to submit, within 30 days, declarations and other admissible evidence in support of her petition and opposition to the motion. With no response from Gregory, the court granted summary disposition. Gregory argued to the North Dakota Supreme Court that the district court erred in granting summary disposition because the State failed to make a separate motion. The State agreed that the matter should have been reversed and remanded based on the North Dakota Supreme Court’s recent decision in Chase v. North Dakota, 966 N.W.2d 557. Accordingly, judgment was reversed and the matter remanded for further proceedings. View "Gregory v. North Dakota" on Justia Law

Corey Fleck appealed after a jury found him guilty of one count of theft of property by deception. In March 2019 Fleck sold cattle at Kist Livestock in Mandan. The cattle were subject to liens. Kist issued a check for $10,039, naming Fleck and several lienholders as payees on the check. A friend of Fleck subsequently brought the check to a bank in Elgin, where the check was cashed and the funds deposited into Fleck’s bank account. After the funds had been deposited in Fleck’s account, the bank determined the endorsements from the lienholders were fraudulent and withdrew the money from Fleck’s account. Kist Livestock subsequently reissued a check, proper endorsements were obtained, and the money was distributed by cashier’s checks under an agreement between Fleck and the lienholder payees. Fleck received $400 from the reissued check under the agreement. In November 2019, the State charged Fleck with one count of theft of property by deception, a class B felony. In September 2020, Fleck moved to dismiss the matter, contending that because the only conduct alleged by the State had not occurred in Morton County, the district court did not have jurisdiction over the defendant’s alleged acts. The court denied his motion. After the State rested its case, Fleck moved for an acquittal, arguing the State had not established that any crime had occurred in Morton County, failed to prove he had knowingly obtained property by deception, failed to prove the property was property of the lienholders, or failed to prove the property or services stolen exceeded $10,000 in value. The court denied his motion. The jury returned a verdict of guilty. The North Dakota Supreme Court concluded sufficient evidence supported the jury’s verdict, and affirmed. View "North Dakota v. Fleck" on Justia Law