Justia North Dakota Supreme Court Opinion Summaries

In 2018, a district court referee entered two temporary disorderly conduct restraining orders against Donna Kenny, which were sought by two of her neighbors. The neighbors lived in the same five-unit condominium complex. A deputy sheriff served Kenny with the orders on the same day. The orders prohibited Kenny from having any physical contact with or coming within 100 feet of the two neighbors. A hearing on the temporary orders was scheduled for October 8, 2018. On September 28, 2018, Kenny approached the two neighbors at a backyard fire to ask who had parked in her spot in the common parking lot of the condominium complex. According to the neighbors, they advised Kenny she was not allowed to speak to them. Both neighbors testified that Kenny replied with either “shove it up your ass” or “stick it up your ass.” The neighbors called the police, and Kenny was arrested for violating the restraining orders. The North Dakota Supreme Court found N.D.C.C. 12.1-31.2-01(5) did not violate Kenny’s constitutional right to due process, N.D.C.C. 12.1-31.2-01 was not unconstitutionally overbroad, and sufficient evidence existed to convict her of violating the disorderly conduct restraining orders. View "North Dakota v. Kenny" on Justia Law

The United States Bankruptcy Court for the District of North Dakota certified a question of law to the North Dakota Supreme Court, asking whether a married debtor was entitled to an exemption up to $100,000 for his undivided one-half interest in homestead property jointly owned with a nondebtor. The Supreme Court answered the certified question “yes.” View "In re Anderson" on Justia Law

Kanakai Poulor was convicted by jury of gross sexual imposition. After review of his appeal, the North Dakota Supreme Court concluded the State did not violate the Confrontation Clause when it presented a video recorded forensic interview with the 8-year old minor complainant; the court did not abuse its discretion in admitting the complainant’s out-of-court statements about sexual abuse into evidence; and sufficient evidence supported the conviction for gross sexual imposition. View "North Dakota v. Poulor" on Justia Law

In 2014, Lorry Van Chase was convicted by jury of gross sexual imposition. He appealed to the North Dakota Supreme Court, and the conviction was affirmed. In 2016, Chase applied for post-conviction relief, alleging ineffective assistance of trial counsel. After an evidentiary hearing, the court denied the application, making findings on each specific allegation of ineffective assistance. Chase appealed the post-conviction court’s denial of relief again to the Supreme Court, and the order was summarily affirmed based on Chase’s failure to supply a transcript of the evidentiary hearing. In 2018, Chase filed a N.D.R. Civ.P. 60(b) motion for relief from judgment, seeking relief from the order denying him post-conviction relief. In 2019, relief was again denied, finding Chase’s motion was actually a second application for post-conviction relief, and therefore barred by res judicata and misuse of process. The Supreme Court determined the district court did not err in treating Chase’s Rule 60(b) motion as a successive application for post-conviction relief. However, the Court found summary dismissal of Chase’s original application for post-conviction relief was not appropriate, and reversed and remanded for further proceedings as to that point. The Court determined all other issues raised were without merit or otherwise unnecessary to its opinion here. View "Chase v. North Dakota" on Justia Law

Yanjun Zuo appealed a district court judgment and post-judgment orders awarding Yuanyuan Wang marital property, spousal support, and primary residential responsibility of the parties’ minor child. Zuo argues the court erred in its evidentiary decisions at trial, and erred in awarding spousal support and primary residential responsibility to Wang. He also argued the court erred in backdating child support. Because an interim trial court order provided child support would not begin until the month following entry of judgment, the North Dakota Supreme Court concluded the district court abused its discretion by backdating Zuo’s child support obligation to February 1, 2017, and reversed and remanded for entry of judgment ruling Zuo’s child support obligation began the month following entry of judgment. The Supreme Court affirmed in all other respects. View "Zuo v. Wang" on Justia Law

In October 2013, a jury found Sean Kovalevich guilty of two counts of gross sexual imposition and one count of corruption of a minor. The conviction resulted from sexual acts occurring in 2012 at the Canad Inn in Grand Forks, North Dakota. Kovalevich was sentenced to 30 years in prison and 10 years of supervised probation. Kovalevich appealed and his conviction was affirmed on appeal. Arguing on appeal to the North Dakota Supreme Court, Kovalevich argued the district court erred in summarily dismissing: (1) a motion for relief from an order denying an application for post-conviction relief; and (2) an application for post-conviction relief on the grounds of newly discovered evidence. The court concluded Kovalevich could have raised the arguments presented in his motion and application in earlier proceedings. The North Dakota Supreme Court affirmed. View "Kovalevich v. North Dakota" on Justia Law

SWMO, LLC appealed district court orders granting partial summary judgment to Mon-Dak Plumbing and Heating, Inc. and RK Electric relating to their work performed on a building owned by SWMO. SWMO contracted with Eagle Rigid Spans for the construction of a commercial building in Williston, North Dakota. Eagle was the general contractor and Mon-Dak and RK Electric were subcontractors for the project. Mon-Dak and RK Electric contracted with Eagle to provide HVAC, plumbing, and electrical work on the building. During construction, SWMO noticed defects in the materials and workmanship and believed the building was not properly constructed. The trial court ultimately awarded Mon-Dak $125,600 and RK Electric $114,242 from funds deposited into court by SWMO. SWMO claimed disputed issues of fact precluded summary judgment. The North Dakota Supreme Court determined The district court provided no analysis of the documents in its summary judgment orders. "By not addressing the evidence submitted by SWMO, the district court in effect found Mon-Dak’s and RK Electric’s evidence was more persuasive." In viewing the evidence in a light most favorable to SWMO at the time of the motions, SWMO raised a genuine issue of material fact, and Mon-Dak and RK Electric were not entitled to judgment as a matter of law. Although the court later found at trial that Eagle materially misrepresented the true amounts paid to its subcontractors, the court did not make findings on whether Eagle misrepresented the payments made to Mon-Dak and RK Electric. The Court therefore reversed and remanded for further findings relating to amounts Mon-Dak and RK Electric were entitled to recover from funds SWMO deposited into court; the parties' remaining arguments were without merit or not necessary to the Court's decision. The trial court was affirmed in all other respects. View "SWMO, LLC v. Eagle Rigid Spans Inc., et al." on Justia Law

The North Dakota Department of Transportation appealed a district court judgent reversing a Department decision suspending Juan Facio's driving privileges for 365 days. Facio was arrested for driving under the influence of intoxicating liquor. After review, the North Dakota Supreme Court affirmed, finding the district court did not err in finding no reasonable and articulable suspicion to stop Facio's vehicle. View "Facio v. N.D. Dept. of Transportation" on Justia Law

Jessica Nelson appealed after she was sentenced to three years in jail for possession with intent to manufacture or deliver methamphetamine. She argued on appeal the district court erred in denying her request to withdraw her guilty plea, and erred by considering a prior dismissed deferred imposition of sentence when imposing the mandatory minimum sentence. The North Dakota Supreme Court found that a completed deferred imposition of sentence that resulted in the dismissal of charges may not be used to enhance a sentence unless the State sufficiently pleads and proves the underlying case. The Court reversed judgment and remanded for resentencing. View "North Dakota v. Nelson" on Justia Law

Bradley Joe Morales appealed a district court criminal judgment following a jury verdict finding him guilty of murdering his ex-girlfriend. Morales argued a motion hearing, evidentiary hearing, and parts of his trial were closed to the public without the pre-closure analysis required by Waller v. Georgia, 467 U.S. 39, 48 (1984), thus violating his right to a public trial guaranteed by the Sixth Amendment. The North Dakota Supreme Court concurred and reversed judgment. The matter was remanded for a new trial. View "North Dakota v. Morales" on Justia Law