Justia North Dakota Supreme Court Opinion Summaries

Kimberlee Erickson, formerly known as Markegard, appealed and Brian Willoughby cross-appealed an order and amended judgment terminating Willoughby’s spousal support obligation. Erickson argued the district court erred in terminating her spousal support, and Willoughby argued the court erred by failing to make its order terminating support retroactive to the date of the service of his motion. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Markegard v. Willoughby" on Justia Law

R.A.S. was convicted of gross sexual imposition in 1991 and sentenced to eight years. In 2001 R.A.S. was convicted of possession of stolen property, and in 2002 assault on a corrections officer. As part of the sentence for the possession of stolen property charge, the district court recommended R.A.S. receive a mental health evaluation. Before his scheduled release in 2004, the State successfully petitioned to commit R.A.S. as a sexually dangerous individual. R.A.S. appealed denial of his petition for discharge and continuing commitment as a sexually dangerous individual. The North Dakota Supreme Court found the order denying R.A.S.’s petition for discharge lacked findings sufficient to satisfy the due process requirement under Kansas v. Crane, 534 U.S. 407 (2002). View "Matter of R.A.S." on Justia Law

In 2005, near the end of a five-year sentence for conviction of corruption or solicitation of a minor, the State successfully petitioned to commit T.A.G. as a sexually dangerous individual. He appealed, arguing the findings were insufficient to demonstrate he had serious difficulty controlling his behavior. The North Dakota Supreme Court reversed denial of T.A.G.'s petition for discharge because it concurred the findings were insufficient to conclude process requirement had been met under Kansas v. Crane, 534 U.S. 407 (2002). View "Interest of T.A.G." on Justia Law

James Watson was convicted by jury of continuous sexual abuse of a child in Golden Valley County, North Dakota. He conditionally pled guilty to sexual assault in Hettinger County, and he conditionally pled guilty to continuous sexual abuse of a child in Stark County. Watson argued the district court erred by granting continuances in all three cases and violated his statutory speedy trial rights. The North Dakota Supreme Court concluded the court did not abuse its discretion by granting the State’s motions for continuances in the Hettinger and Stark County cases. But Watson’s statutory speedy trial right was violated in the Golden Valley County case because trial did not begin within 90 days of Watson’s speedy trial election and the district court did not find good cause for the delay. The Court therefore affirmed the Hettinger and Stark County judgments and reversed the Golden Valley County judgment. View "North Dakota v. Watson" on Justia Law

Nicholas Morris appealed a district court order denying his application for post-conviction relief. In May 2015, Morris was involved in a physical altercation which resulted in Joey Gaarsland’s death. Morris was charged with three counts of conspiracy to commit aggravated assault and one count of murder. On appeal, Morris argued the district court erred in denying his application for post-conviction relief because: (1) accomplice to commit murder was not a cognizable offense, and (2) he was deprived of his right to effective assistance of counsel. He also argued he should have been permitted to withdraw his guilty plea. The north Dakota Supreme Court affirmed the district court’s order and held accomplice to commit murder was indeed a cognizable offense, Morris was not deprived of his right to effective assistance of counsel, and he has failed to show a manifest injustice warranting the withdrawal of his guilty plea. View "Morris v. North Dakota" on Justia Law

Johnston Land Company, LLC appealed dismissal of its claims against attorney Sara Sorenson and the law firm Ohnstad Twichell, P.C., and appealed the court’s decision with regard to Johnston paying their costs and attorney fees in the amount of $27,386.23. In March 2015 Sorenson, who represented beneficiaries of an estate, recorded an affidavit in Grand Forks County, North Dakota pertaining to the probate case stating certain property may be subject to future legal proceedings. In August 2017, Johnston filed a petition claiming Sorenson’s affidavit was a nonconsensual common law lien under N.D.C.C. ch. 35-35 and sought damages. In September 2017, shortly before the district court rendered its decision denying the petition, Sorenson filed a notice of lis pendens on the property on behalf of the beneficiaries in another action seeking to levy execution on the property. The district court concluded Sorenson’s March 2015 affidavit did not constitute a nonconsensual common law lien, and the North Dakota Supreme Court affirmed in part. However, the Supreme Court reversed in part and remanded, finding when Sorenson filed the affidavit in 2015, there was no action affecting title to the property. After remand, Sorenson recorded a second affidavit, which referenced her March 2015 affidavit, the September 2017 notice of lis pendens, and stated “[t]he Notice of Lis Pendens supersedes the Affidavit.” Sorenson and the law firm then moved for summary judgment dismissing items “c” through “g” in Johnston’s petition and, for the first time, requested an award of attorney fees. The district court granted the motion for summary judgment. The court concluded items “c” through “g” were rendered moot by either its previous decision that Sorenson’s first affidavit was not a nonconsensual common law lien or Sorenson’s filing of the second affidavit and the notice of lis pendens. The court also ruled summary judgment was appropriate because Johnston failed to produce any evidence or legal theory to support recovery under items “c” through “g.” Relying on its earlier ruling that Sorenson’s first affidavit was not a nonconsensual common law lien, the court also awarded Sorenson and the law firm for its costs and attorney fees. The North Dakota Supreme Court concluded the district did not err with respect to the grant of summary judgment, but reversed as to fees, finding request for costs and attorney fees came too late, and the court’s award exceeded the scope of our mandate “to rule on items ‘c’ through ‘g’ in Johnston’s petition.” View "Johnston Land Company, LLC v. Sorenson, et al." on Justia Law

Interiors by France (“IBF) appealed a district court judgment limiting IBF to a recovery of damages from Mitzel Contractors, Inc. (“MCI”) without an award of attorney fees. IBF initiated a small claims court proceeding in 2016 naming Mitzel Builders, Inc. (“MBI”) and Leeroy Mitzel as the defendants. IBF alleged it had not been paid for flooring materials and installation of the materials. MBI and Mitzel filed an answer, and Mitzel elected to remove the action from small claims court to district court. IBF argued it was entitled to a recovery of attorney fees under N.D.C.C. 27-08.1-04, which provided for the mandatory recovery of attorney fees to a prevailing plaintiff following the defendant’s removal of a small claims court case to the district court. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Interiors by France v. Mitzel Contractors, Inc., et al." on Justia Law

Rebecca Benjamin appealed a district court’s judgment awarding primary residential responsibility of the minor child P.J.K. to James Klundt and changing the child’s last name to Klundt. The North Dakota Supreme Court affirmed the judgment as to primary residential responsibility and reversed the court’s judgment regarding its sua sponte change of the minor child’s last name. View "Klundt v. Benjamin" on Justia Law

Alexander Hollis appealed the denial of his motion to suppress evidence. Police were called to the scene of a “loud verbal dispute.” Upon observation of Hollis, police believed he was under the influence of a controlled substance. Ultimately, Hollis was charged with unlawful possession of a controlled substance, unlawful possession of drug paraphernalia, and preventing arrest. Hollis argued on appeal the evidence should have been suppressed because he was subject to an illegal pat-down search, and he was illegally seized when he was taken to the county detention center for detoxification. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Hollis" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing an administrative hearing officer’s decision to suspend Andrew Bridgeford’s driving privileges for 91 days. The Department maintained the district court erred in finding a law enforcement officer was not within a recognized exception to the warrant requirement of the Fourth Amendment when the officer entered Bridgeford’s vehicle after he failed to respond to the officer’s actions outside the vehicle. The North Dakota Supreme Court reversed, finding the community caretaker exception applied and allowed the warrantless entry into Bridgeford’s vehicle. The suspension was reinstated. View "Bridgeford v. Sorel" on Justia Law