Justia North Dakota Supreme Court Opinion Summaries

The State of North Dakota, ex rel. the North Dakota Board of University and School Lands, and the Office of the Commissioner of University and School Lands, a/k/a the North Dakota Department of Trust Lands (“the State”) appealed a district court’s interpretation of royalty provisions of natural gas leases with Newfield Exploration Company, Newfield Production Company, and Newfield RMI LLC (“Newfield”). The State argued the district court’s interpretation of the leases improperly allowed the reduction of the royalty payments to account for expenses incurred to make the natural gas marketable. The North Dakota Supreme Court concluded the gross proceeds from which the royalty payments under the leases were calculated could not be reduced by an amount that either directly or indirectly accounted for post-production costs incurred to make the gas marketable. Therefore, the Court reversed the district court’s judgment. View "Newfield Exploration Company, et al. v. North Dakota, et al." on Justia Law

Spencer Norton appealed a district court’s criminal judgment entered following a jury verdict finding him guilty of terrorizing. In November 2017, Norton was detained after being charged with arson. While detained, Norton communicated with his girlfriend through phone conversations and video visits. Norton was aware that both the video visits and the phone conversations were being recorded by law enforcement. During the phone conversations and the video visits, Norton made multiple threatening statements directed toward law enforcement and other individuals associated with his arson case. Norton also made threats that referenced the family members of law enforcement. Norton was charged with terrorizing as the result of his threats. Norton contended the offense of terrorizing required threats directed toward identified individuals and the evidence was insufficient to sustain a verdict of guilty. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Norton" on Justia Law

Nicholas Blaskowski appealed after a jury found him guilty of driving under the influence under N.D.C.C. 39-08- 01(1)(a). Blaskowski argued the district court erred in admitting the results of his chemical breath test into evidence because the State failed to establish the chemical breath test was fairly administered under N.D.C.C. 39-20- 07 because the State did not offer proof the device used to perform the chemical breath test was installed by a field inspector prior to its use. The North Dakota Supreme Court determined the approved method for conducting the chemical test at issue in this case required the device be installed by a field inspector. Absent evidence of installation of the device by a field inspector, or expert testimony establishing the test was fairly administered, the test result was not admissible. Therefore, the district court abused its discretion when it admitted the test result. View "North Dakota v. Blaskowski" on Justia Law

Dustin Hendrickson appealed after he conditionally pled guilty to driving or in actual physical control of a vehicle while under the influence. Hendrickson argued the district court erred by denying his motion to suppress because officers did not have reasonable suspicion to conduct an investigative stop. Finding no reversible error, the North Dakota Supreme Court affirmed.. View "North Dakota v. Hendrickson" on Justia Law

Kelly McCarthy appealed after a district court dismissed her complaint against Dr. Ariane Getz with prejudice. On September 23, 2015, McCarthy’s daughter died by suicide. Prior to her death, McCarthy’s daughter received psychological counseling from Dr. Getz for several months for symptoms relating to anxiety and depression. McCarthy’s daughter had ten total visits with Dr. Getz, occurring roughly once to twice a month. McCarthy’s daughter was a minor when she was first seen by Dr. Getz, but turned 18 prior to her death. During the course of her visits with Dr. Getz, McCarthy’s daughter expressed self-injurious behavior, anxiety, depression, passive thoughts about suicide, discord with her mother, and inconsistency in taking her medications. McCarthy’s daughter’s last visit with Dr. Getz occurred on September 10, 2015. On September 23, 2015, prior to discovering her daughter’s death, McCarthy contacted Dr. Getz to report her daughter missing. McCarthy requested Dr. Getz put her daughter on a 72-hour hold once located. On September 22, 2017, one day shy of the two-year anniversary of her daughter’s death, McCarthy filed a complaint with the district court. On November 9, 2017, McCarthy filed a summons and complaint alleging malpractice against Dr. Getz. McCarthy’s issue on appeal was whether the district court erred as a matter of law in granting the motion for summary judgment based on the statute of limitations. The North Dakota Supreme Court affirmed, concluding the district court did not err in determining McCarthy’s claim was barred by the statute of limitations. View "McCarthy v. Getz" on Justia Law

Sarah Tarver appealed a district court judgment dividing her and Daniel Tarver’s marital estate and establishing spousal and child support. The North Dakota Supreme Court concluded the district court erred in its determination of spousal support. Therefore, the Court reversed and remanded on the issue of spousal support. View "Tarver v. Tarver" on Justia Law

Lekemia D’Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. On May 6, 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to eighteen months’ probation. The State filed a petition for revocation in June 2016. On August 1, 2016, Caster applied for indigent defense services but was denied due to his income. The letter notifying Caster of this denial was returned undeliverable on August 12, 2016. A revocation hearing held on September 13, 2016, resulted in Caster’s probation being revoked and he received an eighteen month prison sentence. Caster appealed the revocation judgment which was summarily affirmed by the North Dakota Supreme Court. On October 8, 2018, Caster filed an application for post-conviction relief alleging newly discovered evidence and an unlawful sentence, which was denied. The Supreme Court concluded the post-conviction relief court failed to explain its reasoning in its order. The matter was remanded for further proceedings. View "Caster v. North Dakota" on Justia Law

Dennis Shipton appealed district court orders summarily dismissing his petition for a writ of error coram nobis and his motion to reconsider. In April 1993, Shipton pleaded guilty to possession of methamphetamine with intent to deliver and possession of marijuana with intent to deliver. Pursuant to N.D. Sup. Ct. Admin. R. 19, the case files were destroyed in 2007. Shipton filed a petition for a writ of error coram nobis on October 22, 2018, alleging violations of the Fifth Amendment and ineffective assistance of counsel based on counsel’s failure to seek dismissal on the grounds of double jeopardy. Shipton did not allege newly discovered evidence. In its order, the district court noted that North Dakota did not recognize a writ of error coram nobis and instead treated the petition as one for post-conviction relief. After applying those standards, the court summarily dismissed Shipton’s petition as untimely and frivolous. Shipton filed a motion to reconsider, arguing that the State prejudiced him by prematurely destroying records from his cases. The court denied Shipton’s motion. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Shipton" on Justia Law

Branden Wilkens appealed a district court judgment and order dismissing his complaint against Tarin Westby without prejudice, concluding service under N.D.C.C. 39-01-11 was improper. Wilkens and Westby were involved in a car accident in North Dakota, resulting in Westby’s death. In February 2018, Wilkens served a summons and complaint asserting a claim of negligence against Westby upon the director of the Department of Transportation (“the Department”) under N.D.C.C. 39-01-11, which allowed residents to serve legal process upon the director of the Department when the party being served was: (1) a resident absent from the state continuously for at least six months following an accident, or (2) a nonresident. In March 2018, an attorney answered on Westby’s behalf, moving to dismiss the complaint, arguing personal jurisdiction was lacking and service under the statute was improper, because Westby, a deceased person, did not fit into the definition of “nonresident,” under the statute and was not “absent from the state” by virtue of his death. The district court concluded Westby was neither a “nonresident,” nor “absent from the state” by virtue of his death for purposes of service. The court granted Westby’s motion to dismiss without prejudice, basing its decision on lack of jurisdiction, but recognized the practical effect, based on the statute of limitations, would be a dismissal with prejudice. Wilkens appealed from the court’s order dismissing his claim. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Wilkens v. Westby" on Justia Law

Chase Swanson appealed a district court’s judgment finding him guilty of conspiracy to commit murder. The jury instructions allowed Swanson to be convicted of a conspiracy to “knowingly” cause the death of another human being. He argued conspiracy to “knowingly” cause the death of another human being is a non-cognizable offense because it did not require the actor to have had an intent to cause the death. The North Dakota Supreme Court concurred with this argument and reversed the judgment of conviction on the charge of conspiracy to commit murder. The matter was remanded for a new trial on that charge. View "North Dakota v. Swanson" on Justia Law