Justia North Dakota Supreme Court Opinion Summaries

In May 2020, Daniel Samaniego was charged with gross sexual imposition, a class AA felony. During his trial in May 2021, a detective testified about attempting to interview Samaniego, leading to an objection from Samaniego’s counsel, which was sustained. The jury found Samaniego guilty. Post-trial, a juror indicated that the jury discussed Samaniego’s decision not to testify. Samaniego’s counsel did not move for a new trial based on this potential jury misconduct.Samaniego appealed the criminal judgment in September 2021, arguing insufficient evidence and prosecutorial misconduct. The North Dakota Supreme Court affirmed the conviction, noting the prosecutorial misconduct claim was not preserved for appeal. In May 2023, Samaniego filed for postconviction relief, claiming ineffective assistance of counsel for not preserving the prosecutorial misconduct issue and not moving for a new trial based on jury misconduct. The district court held an evidentiary hearing and denied the application in February 2024.The North Dakota Supreme Court reviewed the case and affirmed the district court’s judgment. The court held that Samaniego did not demonstrate a reasonable probability that the trial outcome would have been different but for his counsel’s alleged errors. The court found no prosecutorial misconduct in the detective’s testimony and noted that the jury’s discussion about Samaniego not testifying did not constitute juror misconduct under the law. The court concluded that Samaniego’s trial counsel’s actions did not fall below an objective standard of reasonableness and that Samaniego was not prejudiced by these actions. View "Samaniego v. State" on Justia Law

The plaintiffs, Sharon Mitzel, Alan Mitzel, and Eric Mitzel, filed a legal malpractice lawsuit against Vogel Law Firm and Jerilynn Brantner Adams, alleging negligence in a divorce action involving the disposition of land known as Section 19. Fred and Sharon Mitzel, who were married and had two sons, formed a family limited partnership and conveyed their farm, including Section 19, to it. During their divorce, they agreed that Section 19 would go to Fred, subject to deeding it to their sons upon his death. However, a subsequent quiet title action determined that the family partnership owned Section 19, nullifying the divorce judgment's property distribution.The District Court of Cass County granted partial summary judgment dismissing Alan and Eric Mitzel’s claims, ruling they lacked standing as non-clients to sue for legal malpractice. The court also granted judgment as a matter of law dismissing Sharon Mitzel’s claims, concluding she presented no evidence that she gave up any marital property to secure the agreement for Section 19 to be deeded to her sons upon Fred’s death. Sharon Mitzel’s claim for attorney’s fees and costs incurred due to Vogel’s alleged malpractice was also dismissed.The North Dakota Supreme Court reviewed the case and affirmed the lower court’s decision to dismiss Alan and Eric Mitzel’s claims, agreeing they lacked standing. The court also upheld the measure of damages used by the lower court, which was based on what Sharon Mitzel gave up to secure Section 19 for her sons. However, the Supreme Court found that the lower court erred in determining Sharon Mitzel presented no evidence of incurring attorney’s fees and costs due to Vogel’s alleged malpractice. The case was affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion. View "Mitzel v. Vogel Law Firm" on Justia Law

The plaintiff, Robert V. Bolinske, Sr., filed a defamation claim against Dale V. Sandstrom and Gail Hagerty, alleging that defamatory statements were made and published online on October 18, 2016. Bolinske served a demand for retraction on January 14, 2017, but Sandstrom did not respond. Bolinske commenced the action on February 26, 2019, beyond the two-year statute of limitations for defamation claims.The District Court of Burleigh County initially dismissed Bolinske’s defamation claim, citing the statute of limitations. However, the North Dakota Supreme Court reversed this decision in part, noting that the statute of limitations defense was not specifically pled by answer, and remanded the case for further proceedings. On remand, Sandstrom answered the amended complaint, including the statute of limitations defense, and filed a motion for judgment on the pleadings, which the district court granted, finding the defamation claim time-barred. The court also awarded attorney’s fees to Sandstrom, deeming Bolinske’s claims frivolous.The North Dakota Supreme Court reviewed the case and affirmed the district court’s judgment. The court held that the defamation claim was indeed barred by the statute of limitations, as the action was commenced more than two years and 45 days after the publication of the alleged defamatory statements. The court also upheld the award of attorney’s fees, agreeing with the lower court’s assessment that Bolinske’s claims were frivolous and that the fees requested were reasonable. The Supreme Court found no abuse of discretion in the district court’s decisions. View "Bolinske v. Sandstrom" on Justia Law

The case involves East Central Water District ("East Central") and the City of Grand Forks ("City"). East Central alleged that the City unlawfully curtailed its water service area, violating federal and state laws. East Central sought to declare a water supply and service agreement with the City void from the beginning under a specific North Dakota statute. The agreement, entered into in 2000, was designed to avoid conflict in providing potable water as the City annexed territory in East Central's service area. The agreement was subject to a North Dakota statute that required the public lending authority to be a party to the agreement. However, the Bank of North Dakota, the public lending authority, was not a party to the agreement.The case was initially brought before the United States District Court for the District of North Dakota. The City answered East Central’s complaint and counterclaimed, and brought a third-party complaint against William Brudvik and Ohnstad Twichell, P.C. for legal malpractice in their representation of the City during negotiations and execution of the Agreement. The City then moved the federal district court to certify questions to the Supreme Court of North Dakota on the interpretation of the North Dakota statute.The Supreme Court of North Dakota was asked to answer two certified questions of law: whether the language “invalid and unenforceable” in the North Dakota statute means an agreement made without the public lending authority as a party is (1) void from the beginning or (2) voidable and capable of ratification. The court concluded that the language “invalid and unenforceable” means void from the beginning, and does not mean voidable and capable of ratification. The court reasoned that the statute speaks to the authority to contract on this subject matter, as opposed to the manner or means of exercising one’s power to contract. Therefore, none of the parties were authorized to contract for water services without the public lending authority being a party to the agreement. View "East Central Water District v. City of Grand Forks" on Justia Law

This case involves a legal malpractice claim brought by Anne Fahey, Timothy Fife, and Richard Fife (Plaintiffs) against their former attorneys, Andrew Cook, Lukas Andrud, and Ohnstad Twichell, P.C. (Defendants). The claim stems from Defendants' representation of Plaintiffs in a previous case concerning the distribution of their mother's estate. The mother, Marianne Fife, owned a mineral interest in North Dakota and was a resident of Idaho when she died intestate. She had conveyed her mineral interest to her husband, Richard Fife, shortly before her death. Plaintiffs sued their father's estate, claiming their mother lacked capacity to execute the deed due to medication and undue influence from their father. The district court rescinded the deed but held that the mineral interest still passed to Richard Fife under North Dakota's intestate succession laws.The district court's decision was affirmed on appeal. Plaintiffs then initiated a malpractice action against Defendants, alleging negligence in the underlying litigation by failing to contest the validity of a quitclaim deed for their mother's interest in an Idaho home and failing to argue that their mother's estate had a cause of action against their father's estate. Plaintiffs claimed that if Defendants had taken these actions, the value of their mother's estate would have increased, and they would have received some of the minerals under intestate succession laws.The district court granted summary judgment in favor of Defendants, concluding that they did not breach their duty to Plaintiffs and that Plaintiffs did not suffer damages caused by the alleged breach of duty. The court reasoned that even if Plaintiffs had successfully taken the suggested actions, they still would not have received their mother's mineral interests.On appeal, Plaintiffs argued that the district court erred in granting summary judgment on their legal malpractice claims. They contended that the court erred in concluding that their mother's estate, for valuation and distribution purposes, did not include real or personal property outside of North Dakota. They also argued that Defendants were collaterally estopped from arguing that their mother's interest in the Idaho home and personal property would never be part of the estate.The Supreme Court of North Dakota affirmed the district court's judgment. The court concluded that the district court did not err in holding that collateral estoppel does not apply in this case. The court also held that the district court correctly concluded that the Idaho home would not have been part of the mother's North Dakota intestate estate because it was community property and would have passed to the father as a matter of law. Therefore, the court found that Defendants' alleged failure to challenge the Idaho quitclaim deed's validity and argue that the mother's estate had a cause of action against the father's estate did not proximately cause Plaintiffs any damages. View "Fahey v. Cook" on Justia Law

Mark Andrew Belyeu was charged with five offenses related to sexual exploitation of a minor. He initially pled guilty to two of the charges, but later withdrew his pleas. After a change of counsel, Belyeu again pled guilty to the same two charges. The court found his guilty pleas were knowingly, voluntarily, and intelligently given. Belyeu was subsequently sentenced and judgment was entered.Belyeu filed a petition for postconviction relief, alleging that his guilty pleas were not knowingly, voluntarily, and intelligently given due to ineffective assistance of his trial counsel and the existence of newly discovered evidence. The district court dismissed Belyeu’s claims of actual innocence and his sentence not being authorized by law, and limited the evidentiary hearing to the remaining two claims. After an evidentiary hearing, the district court denied Belyeu’s petition for postconviction relief.The Supreme Court of North Dakota affirmed the district court's decision. The court found that Belyeu failed to show that his counsel's representation fell below an objective standard of reasonableness. The court also found that Belyeu failed to show that but for his counsel's alleged errors, he would not have pled guilty and would have insisted on going to trial. Furthermore, the court found that Belyeu did not meet his burden to show newly discovered evidence. Therefore, the court concluded that Belyeu could not show a manifest injustice based on the advice of his counsel or the existence of newly discovered evidence. View "Belyeu v. State" on Justia Law

The case revolves around Justin Lee Camperud, who was accused of sexually abusing a child in 2016. The child's mother reported the incident to the Fargo police department in July 2021. The child was later interviewed by the Red River Children's Advocacy Center, a non-governmental organization. In October 2021, Dr. Anna Schimmelpfennig, the director of mental health services at the Center, participated in a mental health assessment for the child. The State notified Camperud in November 2022 that it intended to call Schimmelpfennig as an expert witness. However, the State failed to disclose that Schimmelpfennig was married to a Cass County Assistant State’s Attorney and that she had participated in the child's mental health assessment.The case was initially heard in the District Court of Cass County, East Central Judicial District. On the day before the trial was to start, Camperud learned about Schimmelpfennig's marriage and her participation in the child's assessment. He moved to exclude Schimmelpfennig’s testimony due to the State's failure to provide him with this information. The district court allowed Camperud to question Schimmelpfennig about her relationship with the Assistant State’s Attorney and her involvement in the child's assessment. The court also delayed the start of the trial by a day. Despite Camperud's attempts to impeach Schimmelpfennig over her marriage, a jury found him guilty of gross sexual imposition.The case was then reviewed by the Supreme Court of North Dakota. Camperud argued that the district court abused its discretion by not granting a continuance after he and the court learned about the undisclosed evidence. The Supreme Court acknowledged that the State had committed discovery violations. However, it ruled that the district court had chosen the least severe sanctions to rectify the non-disclosure, including requiring the production of the assessment, limiting the expert’s testimony, permitting two voir dire sessions of the expert, and delaying the start of trial. Therefore, the Supreme Court affirmed the district court's judgment, concluding that it did not abuse its discretion by denying Camperud’s motion for a continuance. View "State v. Camperud" on Justia Law

The case revolves around Alvin Brown, who pleaded guilty to two counts of endangerment of a child. After serving his sentence, he was put on probation. However, the State filed a petition to revoke his probation after he violated its terms. The court ordered Brown to wear an alcohol SCRAM bracelet and remain in custody at the Lake Region Law Enforcement Center until a spot was available at a halfway house. Brown was warned that leaving the halfway house would be considered an escape, which would result in additional charges. Despite these warnings, Brown absconded from the Center and was subsequently charged with escape, to which he pleaded guilty.Brown later filed a petition for postconviction relief, arguing that his conviction was invalid and his trial attorney was ineffective. He claimed that he was not in official detention when he left the Center, and therefore, the State could not charge him with escape. The district court denied his petition, finding that Brown was indeed in official detention and that he failed to establish the second prong of the Strickland test, which requires showing a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different.The Supreme Court of North Dakota affirmed the district court's decision. The court found no error in the lower court's determination that Brown was in official detention when he left the Center. It also agreed with the lower court's finding that Brown did not meet the second prong of the Strickland test. The court concluded that Brown's arguments were either unnecessary for the decision or without merit. View "Brown v. State" on Justia Law

Glenn Solberg, representing himself, appealed against orders denying his motions for relief from judgment and for reconsideration. He also moved for a jury trial and disqualification of the Court, alleging bias and conflict of interest. Solberg's claims of bias were based on prior decisions that were adverse to him. Greg Hennessy, the defendant, argued that the appeal was frivolous and requested attorney’s fees and double costs.The District Court of Williams County had denied Solberg's motions for relief from judgment and for reconsideration. Solberg then appealed these decisions to the Supreme Court of North Dakota.The Supreme Court of North Dakota denied Solberg's motion for a jury trial and disqualification, stating that the law presumes a judge is unbiased and not prejudiced. The court also noted that adverse or erroneous rulings do not, by themselves, demonstrate bias. For recusal to be warranted, a judge must be partial or there must be some external influence that creates an appearance of impropriety. The court found that Solberg failed to allege facts showing bias or the existence of an external influence creating an appearance of impropriety. The court also concluded that Solberg's request for a jury trial was frivolous as the Supreme Court reviews the rulings of the district court and does not engage in fact finding. The court affirmed the orders of the district court under N.D.R.App.P. 35.1(a)(1) and (4), finding the appeal to be frivolous and completely without merit. The court also awarded Hennessy double costs and attorney’s fees in the amount of $15,697.50 for defending this frivolous appeal. View "Solberg v. Hennessy" on Justia Law

In a legal malpractice case in North Dakota, a couple, Kenneth and Carol Pinks, sued attorney Alexander Kelsch and his professional corporation, along with associated partners, alleging negligence in representing them in a quiet title action against the State of North Dakota. The District Court, South Central Judicial District, bifurcated the malpractice action to first determine the element of causation, specifically whether the Pinks would have achieved a more favorable outcome in the quiet title action but for the alleged negligence of the defendants. The court denied cross-motions for summary judgment, finding there were genuine issues of material fact.Following a bench trial on the causation element, the district court concluded that had the evidence of the Pinks’ ownership of the disputed land been presented in the quiet title action, they would have established their ownership claim was prior and superior to the State’s claim of title. The court concluded the Pinks proved the element of causation and ordered a jury trial be set on the remaining issues of the legal malpractice claim. The defendants appealed this decision.The Supreme Court of North Dakota, however, dismissed the appeal, ruling that the defendants were attempting to appeal from an interlocutory order, and the defendants did not seek certification under Rule 54(b) of the North Dakota Rules of Civil Procedure. The rule requires that, in cases with more than one claim or multiple parties, a final judgment on one or more, but fewer than all, claims or parties can only be directed if the court expressly determines there is no just reason for delay. The court found that the district court only ruled on the causation element of the legal malpractice claim, and other elements, such as the existence of an attorney-client relationship, a duty by the attorney to the client, a breach of that duty by the attorney, and damages were still left to be adjudicated. The defendants' failure to comply with Rule 54(b) led to the dismissal of the appeal. The court also denied the Pinks' request for costs and attorney’s fees, determining that the defendants' appeal was not frivolously made. View "Pinks v. Kelsch" on Justia Law