Justia North Dakota Supreme Court Opinion Summaries

David Gaddie was charged with four counts of gross sexual imposition for allegedly sexually abusing a child. In a separate case, he was charged with three counts of gross sexual imposition for allegedly abusing the child's mother, but those charges were dismissed. The case involving the child proceeded to trial, and Gaddie was found guilty on all counts. On direct appeal, one conviction was reversed due to an issue with jury instructions.Gaddie then filed an application for postconviction relief, claiming ineffective assistance of counsel and prosecutorial misconduct. The State moved for partial summary dismissal, arguing that Gaddie should have raised the prosecutorial misconduct claim on direct appeal. The district court reserved ruling on this motion and held a hearing. During the hearing, it was revealed that the State had introduced a video containing statements about Gaddie abusing the child's mother, which Gaddie’s attorney had objected to during the trial. The district court denied the State's motion for partial summary dismissal but ultimately denied Gaddie’s application for postconviction relief, reasoning that the situation was a misunderstanding rather than intentional misconduct.The North Dakota Supreme Court reviewed the case and found that prosecutorial misconduct had occurred because the State introduced inadmissible prior bad act evidence without providing the required notice under N.D.R.Ev. 404(b). The Court held that this misconduct prejudiced Gaddie’s right to a fair trial. Consequently, the Supreme Court reversed the district court's judgment denying postconviction relief and remanded the case with instructions to vacate the criminal judgment and enter any supplementary orders required by law. View "Gaddie v. State" on Justia Law

The case involves a dispute over the sale of real property owned by the estate of Mark Engelhardt. Yvonne Engelhart, the personal representative of the estate, sent a notice letter to interested parties, including the Ebels and Tom Gross, outlining the bidding process for the property. The Ebels submitted bids that complied with the notice letter's requirements, while Gross submitted bids that did not meet the specified conditions. Despite this, the estate's attorney initially declared the Ebels the winning bidders but later accepted Gross's bids after he questioned the process.The District Court of McIntosh County initially dismissed the Ebels' claims, concluding the contracts were invalid due to the statute of frauds. The North Dakota Supreme Court reversed this decision, stating the statute of frauds was not properly raised. On remand, the district court declared the contracts between the Ebels and the estate valid and ordered specific performance. The court dismissed the Ebels' tortious interference claims against Gross, finding his actions justified.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The court held that valid contracts were formed between the Ebels and the estate when the estate's attorney declared them the winning bidders. The court found that Gross's bids did not comply with the notice letter's requirements and that he had actual notice of the Ebels' winning bids, disqualifying him as a good-faith purchaser. The court also upheld the dismissal of the Ebels' tortious interference claims, concluding Gross's actions were reasonable and justified under the circumstances. View "Ebel v. Engelhart" on Justia Law

In September 2017, Michael Wollan was admitted to Essentia Health and died two days later. Mary Wollan, on behalf of Michael's heirs, filed a medical malpractice and wrongful death lawsuit against Essentia, seeking economic and noneconomic damages. The jury found Essentia at fault and a proximate cause of Michael's death, but also found a non-party at fault, allocating 25% fault to Essentia and 75% to the non-party. The jury awarded $500,657 in total damages, which included $116,657 in past economic damages.The District Court of Cass County, East Central Judicial District, held a jury trial and entered a judgment against Essentia, including costs and disbursements totaling $639,292.06. Essentia's motion for a new trial was denied by the district court.The North Dakota Supreme Court reviewed the case and found the jury's verdict inconsistent and irreconcilable, particularly the award of past economic damages, which exactly matched the amount requested by Wollan but did not align with the 25% fault allocation. The court concluded that the district court abused its discretion in denying Essentia's motion for a new trial. The Supreme Court reversed the judgment and remanded the case for a new trial, noting that the jury's damage award was not supported by sufficient evidence and was contrary to the record.Additionally, the Supreme Court addressed other issues likely to arise on remand, including the admissibility of settlement evidence and the district court's exclusion of such evidence under N.D.R.Ev. 408. The court upheld the exclusion of settlement evidence, finding no abuse of discretion. The award of costs and disbursements was also reversed, consistent with the reversal of the judgment. View "Wollan v. Innovis Health" on Justia Law

Ladarius Miller was charged with theft of property and deceptive writings for using falsified paystubs to purchase a vehicle from an automotive dealership in Grand Forks, North Dakota. After a warrant was issued for his arrest, Miller was apprehended in Oregon and extradited to Grand Forks. He pleaded guilty to theft of property and agreed to a plea deal that included imprisonment, various fees, and $800 in restitution, with the possibility of additional restitution to be determined within sixty days. The district court sentenced him according to the plea agreement. Subsequently, the State sought additional restitution for the costs associated with Miller's extradition, totaling $2,435.91. The district court granted this request, and Miller appealed.The District Court of Grand Forks County initially allowed Miller to contest the restitution despite the State's claim that he failed to request a hearing within the required thirty days. The court found that the State did not provide proper notice of the deadline and that a hearing had already been set, making it reasonable for Miller to assume the matter would be addressed then. The district court ultimately ordered Miller to pay the additional restitution for extradition costs.The North Dakota Supreme Court reviewed the case and reversed the district court's decision. The Supreme Court held that the extradition costs were not directly related to Miller's criminal conduct of theft of property. The court emphasized that restitution must be limited to damages directly related to the offense, which was not the case here. Additionally, the court found that imposing extradition costs as prosecution costs was not permissible because it would violate the terms of Miller's binding plea agreement. Therefore, the restitution order for the extradition expenses was reversed. View "State v. Miller" on Justia Law

Jason Ziemann, the plaintiff, became involved in the operation of Grosz Wrecking, a business owned by his grandmother, Juanita Grosz, after her husband passed away. Ziemann moved into a home on the business property in 2014. In 2022, Grosz sought to evict Ziemann after he refused to purchase the home. Ziemann then sued Grosz, alleging they had an oral partnership agreement and sought a declaration of partnership, accounting, and dissolution, along with claims for breach of fiduciary duties and tortious interference with a business relationship. Grosz denied the partnership and counterclaimed for trespass.The District Court of McLean County denied Ziemann’s motion for partial summary judgment, ruling factual issues existed regarding the partnership. The court granted Grosz’s motion, dismissing Ziemann’s claims for tortious interference and breach of fiduciary duty, citing inadmissible hearsay and lack of evidence for damages. After a bench trial, the court found the parties had formed a partnership with specific profit-sharing terms and dismissed Grosz’s trespass claim, allowing Ziemann to remain on the property until the business was dissolved. The court ordered the liquidation of partnership assets and awarded Ziemann costs.The Supreme Court of North Dakota reviewed the case. It affirmed the lower court’s findings that a partnership existed and that Grosz contributed property to it. The court also upheld the dismissal of Grosz’s trespass claim and Ziemann’s claims for tortious interference and breach of fiduciary duty. However, it reversed the lower court’s decision not to apply the default partnership winding up provisions under N.D.C.C. § 45-20-07. The case was remanded for the district court to enter judgment consistent with this decision. The Supreme Court affirmed the award of costs and disbursements to Ziemann as the prevailing party. View "Ziemann v. Grosz" on Justia Law

Christapher Enriquez pled guilty to possession of a controlled substance with intent to deliver or manufacture, a class B felony, and was sentenced to probation. A condition of his probation was that he not possess a firearm or dangerous weapon. Federal officers from the DEA executed a search warrant on Enriquez’s home and allegedly found a handgun, fentanyl pills, and methamphetamine. The State filed a petition to revoke his probation based on these findings. At the revocation hearing, the State presented testimony from Enriquez’s probation officer, who had received a picture of the handgun and narcotics from a DEA agent. The probation officer did not know where in the house the handgun was found or if it was functional.The District Court of Ward County found that the State did not prove Enriquez possessed fentanyl or methamphetamine but did prove by a preponderance of the evidence that he possessed a handgun. The court revoked Enriquez’s probation and resentenced him, relying on the principle that a single violation is sufficient to sustain revocation.The Supreme Court of North Dakota reviewed the case and applied a two-step analysis: first, reviewing the district court’s factual findings under the clearly erroneous standard, and second, reviewing the decision to revoke probation under the abuse-of-discretion standard. The Supreme Court found that the district court’s reliance on the case State v. Clinkscales was misplaced and that the State did not provide sufficient evidence to prove the handgun was functional or readily capable of expelling a projectile, as required by the statutory definitions of “dangerous weapon” and “firearm.”The Supreme Court of North Dakota held that the district court’s finding that Enriquez possessed a dangerous weapon was clearly erroneous and that the court abused its discretion in revoking his probation. The decision to revoke Enriquez’s probation was reversed. View "State v. Enriquez" 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

Mark Rath and Heather Zins share a child, A.J.O., born in 2004. Zins was awarded primary residential responsibility, and Rath was ordered to pay child support. A.J.O. turned 18 in November 2022, ending Rath's ongoing support obligation, but he had accrued arrears. Rath was served with an order to show cause for civil contempt due to non-payment. After an evidentiary hearing, a judicial referee found Rath in contempt and ordered him to make monthly payments towards his arrears, with a suspended 20-day jail sentence contingent on a future hearing.Rath sought review by the District Court of Burleigh County, which adopted the judicial referee's findings. Rath appealed, arguing violations of his right to counsel, errors in child support calculations, and that the Federal Consumer Credit Protection Act limits the State's ability to collect more than fifty percent of his income. He also claimed the defense of laches and third-party standing should prevent enforcement of his obligations.The North Dakota Supreme Court reviewed the case under a clearly erroneous standard. The court held that Rath's Sixth Amendment right to counsel was not violated because the contempt hearing did not result in immediate incarceration, and procedural safeguards were followed. The court also found that Rath's child support obligation continued despite temporary custody by the division of juvenile services and that the doctrine of laches does not apply to child support arrearages. Additionally, the court ruled that the State and Zins have standing to collect arrears even after the child reached the age of majority, and the Federal Consumer Credit Protection Act does not limit the State's collection efforts in this context. The Supreme Court affirmed the district court's decision. View "Burleigh County Social Service Board v. Rath" on Justia Law

Thomas Zundel attempted to purchase a firearm but was denied due to a 1990 simple assault charge in Jamestown Municipal Court, which was flagged in the National Instant Criminal Background Check System (NICS). The charge was noted as continued for a year pending counseling, with no conviction confirmed. Zundel's voluntary appeal to the FBI was denied because the final disposition of the case was missing. Zundel sought records from various agencies, but none had documentation beyond the initial arrest. He then petitioned the North Dakota Supreme Court for a writ of mandamus to close the case and restore his constitutional rights.The Jamestown Municipal Court and other respondents argued that Zundel had an adequate remedy in federal court, referencing Ross v. Fed. Bureau of Alcohol, Tobacco, Firearms, and Explosives. However, the North Dakota Supreme Court found that a federal suit would not adequately address the state court records issue. The court emphasized the municipal court's duty to maintain accurate records and noted that the missing record should have been retained permanently according to administrative rules.The North Dakota Supreme Court granted the petition in part, ordering the Jamestown Municipal Court to conduct a diligent inquiry to locate or reconstruct the missing record and document the results. The court denied Zundel's requests for declaratory relief regarding the nature of the 1990 charge and his right to possess a firearm, citing a lack of evidence in the record to make such determinations. The court's decision underscores the importance of accurate court records for due process and public accountability. View "Zundel v. City of Jamestown" on Justia Law

Jason Anderson and Olivia Foss, who share a child but were never married, were involved in a legal dispute over modifications to their parenting plan. Foss sought sole decision-making responsibility, required Anderson to take their child to extracurricular activities during his parenting time, and sought reimbursement for health insurance premiums. Anderson countered with a motion to modify child support. The district court modified the parenting plan and child support obligations after a two-day evidentiary hearing.The district court set the commencement date for the modified child support to September 2023, rather than September 2022, without providing an explanation. Anderson appealed, arguing the date should be from when he filed the motion. The court also calculated Foss’s child support obligation based on a partial year’s income and a 32-hour work week without sufficient findings to support these calculations. Additionally, the court ordered Anderson to reimburse Foss for out-of-pocket medical expenses but did not explain how it arrived at the reimbursement amount.The North Dakota Supreme Court reviewed the case. It affirmed the district court’s requirement for Anderson to take the child to extracurricular activities during his parenting time, clarifying that this did not modify his parenting time. However, the Supreme Court found that the district court did not provide sufficient findings to support the commencement date for the modified child support, the calculation of Foss’s income, and the reimbursement amount for medical expenses. The court also required further explanation for removing all day-to-day decision-making from Anderson.The North Dakota Supreme Court affirmed parts of the district court’s decision, reversed others, and remanded the case with instructions for the district court to provide additional findings within 30 days. View "Anderson v. Foss" on Justia Law