Justia North Dakota Supreme Court Opinion Summaries

In the State of North Dakota, defendant Ibrahim Salou was convicted of possession with intent to manufacture or deliver a controlled substance while in possession of a firearm, and possession of a controlled substance. Salou appealed his conviction, alleging the district court erred in allowing evidence obtained from his phone under Rule 404(b) of the North Dakota Rules of Evidence and there was insufficient evidence to support his conviction.The Supreme Court of North Dakota affirmed the lower court's decision. The court noted that Salou had preserved his claims of error related to the relevance and unfair prejudice of the evidence but had not preserved his objection to the Rule 404(b) issue, meaning it would only be reviewed for obvious error. The court found no abuse of discretion in the district court's determination that the evidence was relevant and not more prejudicial than probative. The court further found that the district court did not obviously err in its handling of Rule 404(b) as Salou had not raised this issue at trial.The Supreme Court also found that there was sufficient evidence to support Salou's conviction. The court noted that the evidence indicated that the backpack containing marijuana was located at Salou's feet during a traffic stop, and neither he nor the driver claimed possession of the backpack. The packaging of the marijuana found in the backpack was similar in appearance to the marijuana shown in a photograph found on Salou's phone. As such, the court concluded that there was sufficient evidence for a jury to draw an inference that Salou was in possession of the backpack. View "State v. Salou" on Justia Law

In the state of North Dakota, Garron Gonzalez was initially charged with two counts of gross sexual imposition, both class A felonies, in September 2003. Gonzalez pleaded guilty to the charges and was sentenced to five years' imprisonment on each count, all but 130 days suspended, and placed on probation for five years. The sentences were to be served concurrently. After his probation was twice revoked, Gonzalez was resentenced to additional time. However, in the second amended judgment, the sentences were to be served consecutively.In 2012 and again in 2022, Gonzalez filed petitions for post-conviction relief. The court granted both petitions, finding that the sentences imposed in 2014 were greater than the time originally suspended and were therefore deemed illegal. In April 2023, a new sentencing hearing was held wherein Gonzalez was sentenced again to five years' imprisonment for each count, to be served consecutively, thus totaling ten years.Gonzalez appealed, arguing that his sentences are illegal under N.D.C.C. § 12.1-32-07(6) because the amended judgment imposes more severe sentences than the original sentences and retroactively increases the punishment for his prior conduct.The Supreme Court of North Dakota agreed with Gonzalez's argument. The court found that the district court had effectively increased Gonzalez’s total term of imprisonment to 10 years, exceeding the suspended sentences originally imposed. Therefore, the sentences were deemed illegal under the pre-amended version of N.D.C.C. § 12.1-32-07(6). The court reversed the decision and remanded the case for resentencing consistent with its opinion. View "State v. Gonzalez" on Justia Law

In this case, Jerome Wesseh Koon, Jr. appealed from a district court judgment that denied his application for postconviction relief. Koon had been convicted of reckless endangerment, tampering with physical evidence, unlawful possession of a firearm, and terrorizing. His postconviction relief application was based on two main claims. Firstly, he argued that the district court erred by considering evidence outside the record, specifically the clerk's trial notes. Secondly, he claimed that he received ineffective assistance of counsel.The Supreme Court of the State of North Dakota affirmed the district court's judgment. The court rejected Koon's first argument, finding that the district court did not err in considering the clerk's trial notes. The court noted that the district court had provided notice to the parties of its intent to judicially notice the clerk's trial notes, and ultimately did not rely on the notes in its findings. The court also rejected Koon's argument that the district court's review of the clerk's notes automatically created a biased factfinder.Regarding Koon's claim of ineffective assistance of counsel, the Supreme Court found that Koon had failed to show that there was a reasonable probability that the result of his trial would have been different had his counsel acted differently. Therefore, the court affirmed the district court's denial of postconviction relief. View "Koon v. State" on Justia Law

In this case, the defendant, Mathew Nelson, appealed his sentence for sexual assault, gross sexual imposition, and corruption of a minor. He argued that the district court relied on impermissible factors when determining his sentence and that his sentence constituted cruel and unusual punishment.The Supreme Court of North Dakota affirmed the district court's decision. The Court found that the district court had the discretion to consider the sentencing factors provided in N.D.C.C. § 12.1-32-04 and that it had not relied on impermissible factors. The Court noted that there was evidence in the record to support the court’s consideration of Nelson’s ability to control his behavior when considering the length of his sentence and that the future harm caused by Nelson’s conduct was a permissible sentencing factor to consider.The Court also found that Nelson’s argument that his sentence constituted cruel and unusual punishment was not adequately articulated or supported, and therefore did not need to be addressed further. Therefore, the Court affirmed the district court’s criminal judgments. View "State v. Nelson" on Justia Law

In the case before the Supreme Court of North Dakota, Russell Everett Jr., the appellant, sought to appeal a district court's order dismissing his application for post-conviction relief. Everett contended that he had not been served with two orders from his first post-conviction relief proceeding, thereby denying him the right to appeal those orders. He also alleged that the discovery of these orders constituted newly discovered evidence, and that he had received ineffective assistance of counsel during his direct appeal.Everett had been convicted of two counts of gross sexual imposition and had been sentenced to two life sentences with the possibility of parole. His conviction was affirmed by this court. In his first application for post-conviction relief, Everett argued that the witness's testimony had been coerced by their family and that he had discovered new evidence that could overturn his conviction. He also claimed ineffective assistance of counsel and a violation of his right to a fair trial as the victim-witness did not attend the trial. The district court denied this application, and neither the order nor notice of entry of the order was served on Everett.In response to Everett's second application for post-conviction relief, the court summarily dismissed it. Everett subsequently appealed this decision to the Supreme Court of North Dakota.The Supreme Court of North Dakota affirmed the district court's dismissal of Everett's second application for post-conviction relief. The court determined that Everett's claim of "newly discovered evidence" did not meet the statutory requirements as it did not pertain to his original conviction. Furthermore, the court found that Everett's appeal had been filed beyond the two-year statute of limitations for filing post-conviction relief claims, and no exception to this statute applied in this case. Additionally, his claim of ineffective assistance of counsel was also deemed to have been filed after the statute of limitations had expired. Therefore, the court concluded that the district court had not erred in dismissing Everett's claims for post-conviction relief and ineffective assistance of counsel. View "Everett v. State" on Justia Law

In this case presided by the Supreme Court of North Dakota, the defendant, Michael Dean Hamilton, was charged with hindering law enforcement under N.D.C.C. § 12.1-08-03(1)(b) by providing transportation and money to an individual involved in an abduction crime in Virginia. Prior to the trial, Hamilton and the State reached a plea agreement, but the district court rejected it, citing insufficient factual basis for Hamilton's guilty plea. Instead, the district court accepted an open plea from Hamilton. On appeal, Hamilton argued that the district court had abused its discretion by rejecting the plea agreement and then accepting the open plea, despite both requiring a factual basis. He also claimed that the court had relied on impermissible sentencing factors, including information outside the record and inferences from the record.In its decision, the Supreme Court of North Dakota held that Hamilton's claim regarding the rejection of the plea agreement was waived when he entered an open guilty plea knowingly, voluntarily, and intelligently. The court stated that after entering an open plea without conditions, a defendant could only challenge the voluntary and intelligent nature of the plea. Therefore, Hamilton could no longer challenge the non-jurisdictional defects of the district court's rejection of the plea agreement.Regarding the sentencing factors, the Supreme Court found that the district court did not commit an obvious error when it considered information outside the record and relied on its personal knowledge about Amber alerts in deciding Hamilton's sentence. The court stated that Hamilton had not demonstrated that the factors considered by the court were a clear deviation from the applicable statutory provisions, case law, or rules of evidence. As a result, the judgment of the district court was affirmed. View "State v. Hamilton" on Justia Law

In November 2021, Mark Bearce was charged with two counts of driving under the influence resulting in death and four counts of reckless endangerment. In October 2022, Bearce pled guilty to the two driving under the influence charges in exchange for the dismissal of the reckless endangerment charges. The district court sentenced Bearce to a 12-year prison term for the first count and a 20-year term with 8 years suspended for the second count, with the sentences to be served consecutively. In December 2022, Bearce filed a motion to amend the judgment, claiming he was not given credit for time served. The court amended the judgment, giving Bearce credit for 15 days of time served. In January 2023, Bearce filed another motion for a reduction of his sentence, which the court granted in April 2023, amending his sentence so that the two counts would run concurrently. However, the court did not provide reasons for this reduction.The State of North Dakota appealed this decision. The Supreme Court of the State of North Dakota affirmed the lower court's decision to reduce Bearce's sentence but noted that the lower court had erred by not stating its reasons for the reduction in writing, as required by North Dakota Rules of Criminal Procedure 35(b). The Supreme Court also noted that it could not reverse or modify a criminal judgment in a way that would increase the defendant's punishment, as per North Dakota Century Code § 29-28-35. The Supreme Court also concluded that the lower court did not err in reducing Bearce's sentence without considering the victim's rights, as neither the victim nor anyone else had asserted these rights. View "State v. Bearce" on Justia Law

In the case before the Supreme Court of North Dakota, the appellant Jean-Michael Kisi appealed from orders dismissing in part and denying in part his application for postconviction relief. Kisi contended that he was wrongfully convicted of a non-cognizable offense, accomplice to attempted murder. He further argued that he received ineffective assistance of counsel, the lower court followed improper trial procedures, and the State committed prosecutorial misconduct.The Supreme Court of North Dakota upheld the lower court's decision, affirming that an attempted knowing murder is not a cognizable offense. However, the Court found that the erroneous inclusion of "knowing" in the jury instruction was harmless beyond a reasonable doubt, as the evidence presented indicated that the jury convicted Kisi of attempted intentional murder.Kisi's claim of ineffective assistance of counsel was also dismissed. The Court held that there was no genuine issue of material fact, and the representation of his counsel did not fall below an objective standard of reasonableness. Kisi's claims regarding improper trial procedure and prosecutorial misconduct were summarily dismissed. The Court, therefore, affirmed the lower court's order dismissing in part and denying in part Kisi's application for postconviction relief. View "Kisi v. State" on Justia Law

In the State of North Dakota, the defendant, Demetris Haney, was involved in a shooting in a bar's parking lot. Haney was charged with reckless endangerment and terrorizing, among other charges. The trial took place in August 2022, where the state presented surveillance footage showing Haney firing multiple rounds at an individual before they returned fire. Haney testified that he only returned fire when shot at. After the state rested its case, Haney moved for a judgment of acquittal on all counts, which the district court denied. The jury found Haney not guilty of attempted murder but guilty of two counts of the lesser-included offense of aggravated assault and guilty of reckless endangerment and terrorizing.On appeal, Haney argued that the district court erred in denying his motion for a judgment of acquittal on the terrorizing charge. He claimed that the state failed to prove the terrorizing charge because he did not "threaten" to commit any violent crime or dangerous act. The State of North Dakota Supreme Court concluded that a rational fact-finder could find Haney guilty of terrorizing based on the evidence presented at trial, and therefore, the evidence was sufficient to support the conviction.Haney also argued that the district court violated his constitutional right to a public trial by conducting in-chamber conferences without the necessary findings or obtaining a waiver from Haney. The Supreme Court concluded that these conferences were not closures implicating Haney's public trial right and that Haney did not establish obvious error in the district court's failure to create a record of these conferences.Lastly, Haney argued that the district court denied his right to due process, but he did not provide any factual or legal analysis to support this claim. The Supreme Court declined to consider this claim, as Haney did not provide relevant authority or meaningful reasoning to support it.As a result, the Supreme Court affirmed the district court's decision, upholding Haney's convictions. View "State v. Haney" on Justia Law

Eli Richter appealed an order deferring imposition of a sentence imposed after a jury found him guilty of the unlawful use of an operator's license. The State charged Richter with the unlawful use of the license, alleging he showed a counterfeit Minnesota driver's license to a police officer in Grand Forks, North Dakota. At trial, the officer testified the "license was nonexistent or it was never issued through any state." At the close of the State's case, Richter moved to acquittal, arguing "the definition [of operator's license] stats an operator's license is issued or granted by the laws of this state. The ID that was taken from Mr. Richter is not issued under the laws of this state. It does not meet the definition, Your Honor." The district court denied the motion and the jury ultimately found Richter guilty. The North Dakota Supreme Court concurred: N.D.C.C. § 39-06-40 made it a crime to display a fictitious license. View "North Dakota v. Richter" on Justia Law