Justia North Dakota Supreme Court Opinion Summaries

Aaron Kulink appealed an order denying discharge from commitment as a sexually dangerous individual. Kulink argued: (1) the district court did not make sufficient findings on the "likely to reoffend" and "serious difficulty controlling behavior" elements; and (2) the State did not meet its burden of clear and convincing evidence on the two required elements. The North Dakota Supreme Court found the district court did not make findings of fact sufficient to permit appellate review. The Supreme Court retained and remand the district court's commitment order with instructions that, within thirty days from the filing of this opinion, the district court make specific findings of fact on whether Kulink was likely to engage in further acts of sexually predatory conduct and whether Kulink had a present serious difficulty controlling behavior beyond that of a dangerous but ordinary criminal recidivist. View "Matter of Kulink" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Dustin LeClair's driving privileges. The Department argued the district court erred in reversing its decision to suspend LeClair's license because the officer's recitation of the implied consent advisory, which excluded the word "punishable," substantially complied with N.D.C.C. 39-20-01(3)(a). After review, the North Dakota Supreme Court reversed the district court's judgment and reinstated the Department's decision to suspend LeClair's driving privileges. View "LeClair v. Sorel" on Justia Law

Wilbur Paul Hunts Along appealed a judgment affirming the Department of Transportation's revocation of his driving privileges for two years. Hunts Along argued the Department failed to show that Hunts Along refused to submit to testing "under section . . . 39-20-14," and therefore revocation under N.D.C.C. 39-20-04(1) was improper. After review, the North Dakota Supreme Court concluded the Department did not err in finding that Hunts Along refused to submit to an onsite screening test. View "Hunts Along v. N.D. Dep't of Transportation" on Justia Law

The City of Grand Forks appealed a district court order suppressing the results of Thomas Barendt's chemical breath test after the City charged Barendt with actual physical control of a vehicle while under the influence of alcohol. The North Dakota Supreme Court affirmed, concluding North Dakota's implied consent advisory had to be read after placing an individual under arrest and before the administration of a chemical test. View "City of Grand Forks v. Barendt" on Justia Law

Kevin Sanchez appealed a restitution order requiring that he pay $14,526.62 to victims of his theft crimes. Because the district court did not abuse its discretion in extending its self-imposed deadline for scheduling or holding a restitution hearing and in ordering restitution, the North Dakota Supreme Court affirmed. View "North Dakota v. Sanchez" on Justia Law

Mark Rogers appealed his conviction for gross sexual imposition ("GSI"). Rogers argued the district court: (1) violated his Sixth Amendment right to a public trial by closing his competency hearing on March 28, 2017; and (2) acted arbitrarily when it assigned extradition costs as restitution to this case. Because the district court did not make individualized findings supporting closure of the competency hearing, the North Dakota Supreme Court concluded Rogers’ Sixth Amendment public trial guarantee was violated. The restitution award was proper however, and was affirmed. The Court reversed the district court's closure of the competency hearing and remanded for further proceedings. View "North Dakota v. Rogers" on Justia Law

Rebecca Jessee appealed a district court order deferring imposition of sentence after she was found guilty of tampering with a public service. Jessee argued her presence on railroad tracks during the Dakota Access Pipeline protest did not constitute tampering with tangible property and the district court improperly classified Burlington Northern Sante Fe Railway as a public service. The North Dakota Supreme Court agreed and reversed, concluding Jessee's presence on the tracks did not constitute tampering with tangible property. View "North Dakota v. Jessee" on Justia Law

North Dakota appealed a district court order dismissing with prejudice felony charges of possession of a controlled substance with intent to deliver against Mitchell James and Taelor Brown. The North Dakota Supreme Court determined the production of hash oil is "manufacturing" as defined in N.D.C.C. 19-03.1-01(17), and because the district court made a mistake of law regarding the possession with intent to deliver charge, the State met the burden of proving probable cause. View "North Dakota v. James" on Justia Law

William Wallace appealed a second amended criminal judgment entered after he pleaded guilty to luring minors by computer or other electronic means. Before accepting a guilty plea, the district court must inform a defendant of and determine the defendant understood any mandatory minimum penalty, including any mandatory minimum term of probation. The North Dakota Supreme Court concluded the district court did not substantially comply with N.D.R.Crim.P. 11 when the court failed to inform Wallace of and determine that he understood the five-year mandatory minimum period of probation. The Court therefore reversed and remanded this case to the district court to allow Wallace to withdraw his plea of guilty and for further necessary proceedings. View "North Dakota v. Wallace" on Justia Law

Ryan Korb appealed a judgment affirming a Department of Transportation decision suspending his driving privileges for ninety-one days. Korb argued: (1) the arresting officer improperly included additional language before he read the statutorily required implied consent advisory; and (2) the record evidence was insufficient to establish that this blood test sample had been properly obtained. The North Dakota Supreme Court concluded the officer did not act improperly by prefacing the implied consent advisory with accurate information, and the record evidence was sufficient to establish that the blood test sample had been properly obtained. View "Korb v. N.D. Dep't of Transportation" on Justia Law