Justia North Dakota Supreme Court Opinion Summaries

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

Wayne Munson appealed a district court judgment granting Indigo Acquisition Holdings’ (IAH) motion for judgment on the pleadings. In 2009, Munson and other employees of Indigo Signworks entered into an agreement to participate in a Stock Appreciation Rights (SAR) program rather than receive bonuses. Under the program, Munson would be paid for his SARs if Indigo Signworks was sold. In 2016, IAH, a Delaware corporation, purchased Indigo Signworks. Munson and other employees participating in the SAR program were paid for their SARs and had the opportunity to reinvest in IAH’s membership units. In 2016, Munson purchased 12,500 Class A Units of IAH. In July 2018, Munson left his employment at Indigo Signworks to begin a competing sign company. IAH alleged this new business violated Munson’s obligations under IAH’s Amended LLC Agreement and filed suit in Delaware. In September 2018, Munson served IAH with a complaint seeking to void his purchase of the IAH Units. Munson argued the IAH Units he purchased were unexempt, unregistered securities under the North Dakota Securities Act. The North Dakota Supreme Court concluded the transaction at issue was exempt under the North Dakota Securities Act, and affirmed. View "Munson v. Indigo Acquisition Holdings, LLC, et al." on Justia Law

The Rodenburg Law Firm appealed a judgment dismissing its action against Kathy Sira, Mikhail Usher, and the Usher Law Group, P.C., for malicious prosecution, abuse of process, and exemplary damages. Sira initiated a Fair Debt Collection Practices Act (“FDCPA”) action against Rodenburg in New Jersey federal court, alleging Rodenburg, a North Dakota law firm, engaged in harassment and abusive debt collection tactics and violated 15 U.S.C. 1692 et. seq. Sira’s action was ultimately dismissed by agreement of the parties. After the dismissal of Sira’s action, Rodenburg sued Sira and her attorney, Usher and the Usher Law Group, in this action, alleging malicious prosecution. Rodenburg subsequently amended its complaint to include claims for abuse of process and exemplary damages. After a bench trial, the district court dismissed Rodenburg’s claims. The court found Sira lived in New Jersey, her allegations in the federal FDCPA action stated a claim for relief, and her allegations were based on reasonable trustworthy information made after a reasonable inquiry under the circumstances. The court found Sira’s lawsuit was not for an improper purpose and was not an abuse of process. The court also found her lawsuit was not a malicious prosecution because there was probable cause for the action and there was no malice. The North Dakota Supreme Court concluded the district court did not clearly err in dismissing Rodenburg’s claims for abuse of process and malicious prosecution. View "Rodenburg Law Firm v. Sira, et al." on Justia Law

Amanda Dockter appealed an order revoking her probation. Dockter was initially charged with corruption or solicitation of a minor in Eddy County, North Dakota. In November 2017, the State amended the charge against Dockter to include abuse or neglect of a child, a class C felony. On November 9, 2017, Dockter pled guilty in Eddy County to the child neglect charge and was committed to the Department of Corrections and Rehabilitation for a term of one year and one day with 336 days suspended and placed on supervised probation for a period of five years. Dockter was ordered to report to the Stutsman County Correctional Facility for the period of confinement on January 1, 2018. She finished serving her 30-day jail sentence on the child neglect charge on January 28, 2018. In January 2019, Dockter’s probation officer petitioned to revoke her probation, alleging she had tested positive for methamphetamine on November 30 and December 22, 2017, and was convicted of five other criminal charges in Stutsman County on January 14, 2019, including child neglect and felon in possession of a firearm. At a February 14, 2019 probation revocation hearing, Dockter admitted she engaged in the conduct alleged in the petition to revoke and argued about the disposition. The district court found she violated the conditions of her probation. The court issued an order revoking her probation and committing her to the Department of Corrections and Rehabilitation for one year and one day with credit of 31 days for time served with supervised probation for five years. The North Dakota Supreme Court affirmed the order and remanded to the court to correct the period of supervised probation from five years to three years as required by N.D.C.C. 12.1-32-06.1(2). View "North Dakota v. Dockter" on Justia Law