Justia North Dakota Supreme Court Opinion Summaries

Derek Wisham appeals from an order denying his application for post-conviction relief. In 2014, Wisham was charged with gross sexual imposition and assault. On December 21, 2015, Wisham pled guilty to a charge of sexual imposition, a class B felony, and assault, a class A misdemeanor. He was sentenced to ten years of incarceration with all but four years suspended for two years on the sexual imposition charge and one year straight time on the assault charge, with credit for time served on both counts. The State moved for summary judgment on Wisham's application for relief; Wisham failed to timely respond to the State's request. The North Dakota Supreme Court, therefore, affirmed dismissal of his application. View "Wisham v. North Dakota" on Justia Law

Marcus Polk was convicted by jury of aggravated assault. He appealed. The North Dakota Supreme Court concluded sufficient evidence of serious bodily injury supported Polk’s conviction for aggravated assault. Furthermore, the Court concluded the trial court did not abuse its discretion when it excluded testimony from three Fargo police officers. View "North Dakota v. Polk" on Justia Law

Joan Gates appealed a district court order denying her motion for summary judgment filed in her criminal case. In 2013, a jury found Gates guilty of misapplication of entrusted property, a class B felony, for her actions while she was personal representative of the Estate of Lela Gates. The North Dakota Supreme Court concluded Gates’ appellate brief failed to provide the Court with a reasonable opportunity to address any alleged errors made by the district court. Therefore, the appeal was dismissed. View "North Dakota v. Gates" on Justia Law

Kyle Christianson appealed a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges based on his conviction in Canada for a driving under the influence offense. Christianson argued the Department lacked jurisdiction because the Canadian statute did not define an equivalent offense, and that the hearing officer failed to provide a fair and impartial hearing. The North Dakota Supreme Court affirmed the Department’s suspension and disqualification of Christianson’s noncommercial and commercial driving privileges. View "Christianson v. NDDOT" on Justia Law

Corey Jundt appealed a district court judgment affirming an administrative hearing officer’s decision to suspend Jundt’s driving privileges for 180 days for driving under the influence. Jundt argued the hearing officer erred in suspending his driving privileges because the arresting officer failed to read him the implied consent advisory. The North Dakota Supreme Court affirmed, concluding the implied consent requirements of N.D.C.C. 39-20-01 did not apply when an individual consented to a chemical test. View "Jundt v. NDDOT" on Justia Law

Ashley Hunter appealed an order denying his application for post- conviction relief. Hunter was charged with two counts of murder and one count of arson. After a nine-day jury trial, he was found guilty of all charges. On appeal, he argued the district court abused its discretion in determining res judicata barred his claim of judicial bias, and that he did not receive a Miranda warning. Hunter also argued the district court erred in denying his claims for ineffective assistance of counsel. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Hunter v. North Dakota" on Justia Law

Kimberly Long appealed following her conditional guilty plea to refusal to submit to a chemical test, a class B misdemeanor. Long argued N.D.C.C. 39-08-01(1)(f) was ambiguous, and the legislative history required a driver to be informed of their right to refuse to take a test to determine their blood alcohol content. The North Dakota Supreme Court concluded N.D.C.C. 39-08-01(1)(f) was not ambiguous and did not require a driver to be informed of a right to refuse to submit to a chemical test to determine their blood alcohol content, therefore affirming judgment. View "North Dakota v. Long" on Justia Law

Benjamin Suelzle appealed a district court judgment affirming a Department of Transportation hearing officer’s decision revoking his driving privileges for two years. Suelzle argued the hearing officer erred: (1) by finding the arresting officer had reasonable grounds to arrest under N.D.C.C. 39-08-01; (2) by admitting a supplemental report and notice form; and (3) by failing to exclude evidence of his test refusal because he was not given a valid implied consent advisory. Specifically, he contended he could not be lawfully arrested under N.D.C.C. 39-08-01 because the alleged actual physical control occurred on the grassy yard of his private residence, which was an improved private residential lot and not a place to which the public has access. The hearing officer rejected Suelzle’s argument that his vehicle was located on private property to which the officer could have no reasonable grounds to believe the public would have a right of access for vehicular use. The North Dakota Supreme Court concluded after review of the Department hearing and district court record that although there was evidence in the record that Suelzle drove under the influence on areas where the public had a right of access before parking on his lawn, he was not charged with driving under the influence. He was charged only with actual physical control of his pickup where it was ultimately parked on his residential grass lawn. The hearing officer’s finding was based on a misapplication of law, and it was not supported by evidence in the record sufficient to show the location of the actual physical control offense was within the scope of N.D.C.C. 39-08-01. The district court's judgment affirming the hearing officer's revocation of Suelzle's driving privileges was reversed. View "Suelzle v. NDDOT" on Justia Law

Christopher Devine appealed after conditionally pleading guilty to criminal vehicular homicide (a class A felony), and two counts of criminal vehicular injury (class C felonies). Devine argued the district court was required to suppress the results of the chemical blood test because he was provided with an incomplete implied consent advisory. After review of the trial court record, the North Dakota Supreme Court concluded the exclusionary rule previously codified within N.D.C.C. 39-20-01(3)(b) did not apply to a test obtained pursuant to N.D.C.C. 39-20-01.1. View "North Dakota v. Devine" on Justia Law

A jury convicted Coby Edwards of gross sexual imposition, a class AA felony. Prior to trial, Edwards retained a psychologist to testify about the accuracy of the child victim’s memories. Trial was held on July 16-18, 2019. Shortly before Edwards began presenting his case, his attorney informed the district court his expert would not be testifying because “He could not make it today.” Additionally, during cross-examination of a police detective by Edwards’ counsel, the detective made a statement regarding Edwards’ post-arrest silence. The statement received no objection, nor was a motion made to strike the statement as non-responsive. On appeal, Edwards argued it was reversible error when his retained expert did not testify. Furthermore, he argued the district court obviously erred by failing to require that his retained expert witness testify at trial. The North Dakota Supreme Court found no error: At trial, Edwards’ counsel first informed the district court the expert witness would testify, and the next day told the court the expert would not be testifying. No offer of proof was made to establish what the expert would state during testimony. Edwards did not otherwise discuss the issue at trial. Thus, the Court affirmed the judgment of conviction. View "North Dakota v. Edwards" on Justia Law