Justia North Dakota Supreme Court Opinion Summaries

Javonne Hunt appealed a district court order requiring him to pay $27,501.86 in restitution to Blue Cross Blue Shield (“BCBS”). In 2017, Hunt was playing basketball at the YMCA in Bismarck, North Dakota when he was involved in an altercation with an opposing player. Hunt intentionally struck the opposing player in the jaw causing a bone fracture. Hunt was charged and subsequently found guilty by a jury of aggravated assault. Following his conviction, Hunt agreed to pay as restitution the out-of-pocket medical expenses incurred by the injured individual in the amount of $3,233.07. BCBS provided evidence that it had paid an additional $27,501.86 for the medical treatment of the injured individual under the injured individual’s policy of insurance. The district court applied N.D.C.C. 12.1-32-08(1) in granting restitution to BCBS and ordered Hunt to pay a total of $30,734.93; $3,233.07 for the conceded out-of-pocket costs plus the $27,501.86 claimed by BCBS. Hunt argued BCBS is precluded from recovery of its expenditures in the criminal proceedings because the definition of “victim” under N.D. Const. art. I, section 25 was incompatible with a recovery by a corporation under the criminal restitution statute, N.D.C.C. 12.1-32-08(1). The North Dakota Supreme Court found no reversible error in the district court’s judgment and affirmed the order. View "North Dakota v. Hunt" on Justia Law

Steven Gardner appealed a district court order deferring the imposition of sentence following his conditional guilty plea to conspiracy to possess methamphetamine with intent to deliver. He also appealed an order denying his motion to suppress evidence found in a package that was neither addressed to him, nor sent to his residence. Gardner argued he was the owner of a package unconstitutionally seized by police, and his rights were violated by that seizure and the subsequent search of that package. After review, the North Dakota Supreme Court concluded the totality of the evidence entered in the district court record demonstrated Gardner had a sufficient possessory interest in the package at the time it was seized at the UPS facility to claim his personal, constitutional rights were violated. Accordingly, all evidence flowing from the illegal seizure and subsequent search should have been suppressed. The Supreme Court reversed the district court's order denying Gardner's motion to suppress, and remanded this matter to allow Gardner to withdraw his guilty plea. View "North Dakota v. Gardner" on Justia Law

T.A.G. appeals from an order denying discharge from commitment as a sexually dangerous individual. T.A.G. argues the district court did not make sufficient findings or meet its burden of clear and convincing evidence on the elements of “likely to reoffend” and “serious difficulty controlling behavior.” The North Dakota Supreme Court determined the findings of fact were not sufficient to permit appellate review. The Court retained jurisdiction under N.D.R.App.P. 35(a)(3) and remanded the case with instructions that, within thirty days from the filing of this opinion, the district court make specific findings of fact on whether T.A.G. was “likely to reoffend” and whether T.A.G. has “serious difficulty controlling behavior” beyond that of a dangerous but ordinary criminal recidivist. View "Interest of T.A.G." on Justia Law

Robin Ayling appealed a judgment dismissing her claims against Mary Ann Sens, M.D., UND School of Medicine employees, and the Grand Forks County State’s Attorney and Board of Commissioners relating to her son’s death. Ayling’s son, Blake, was a student at UND. He was last seen alive at an on-campus party at approximately 1:30 a.m. on March 24, 2012. He was found dead in the rail yard south of UND’s campus at approximately 6:30 a.m. to 7:00 a.m. on March 24, 2012. Dr. Sens performed the autopsy on the same day. She determined Blake was intoxicated, he had a 0.278 blood-alcohol concentration at the time of death, he died from blood loss, and his death was accidental. After learning of the autopsy results, Ayling questioned the blood-alcohol concentration because Blake reportedly did not show signs of intoxication at the party or before the party. Ayling met with Dr. Sens in April 2013, and Sens explained the autopsy report and defended her conclusions. On December 27, 2013, Ayling spoke with a forensic toxicologist who questioned Dr. Sens’ methods in performing the autopsy. The toxicologist believed Blake's urine and vitreous humor should have been tested for alcohol to corroborate the blood test. Ayling sued Dr. Sens, UND School of Medicine employees, and Grand Forks County employees in February 2017, alleging Sens failed to competently perform a medical autopsy as a part of the investigation of Blake's death. Ayling alleged the other Defendants failed to properly supervise Dr. Sens. The district court concluded Ayling’s claims against the Defendants were untimely. After reviewing the record, the North Dakota Supreme Court agreed with the district court that Ayling’s voluminous discovery requests did not relate to the statute of limitations issue and would not have created an issue of material fact supporting denial of the summary judgment motion. The court’s discovery decisions were not an abuse of discretion. View "Ayling v. Sens, et al." on Justia Law

Stacy Tschider appealed and Melanie Tschider, also known as Su Lin Tschider, cross-appealed a judgment that granted joint parenting responsibility of their minor child and awarded child support, distributed the parties’ property and debts, and awarded spousal support to Melanie. Shortly before their marriage, both parties signed a prenuptial agreement in December 2002. The parties began dating in 1995 and began living together in 1996. At the time of their marriage, Melanie had a net worth of less than $50,000 and annual income of $55,548. Stacy had a net worth of $1,783,500 and an annual income of about $245,000. He had ownership interests in six businesses with a book value of about $2.9 million and five parcels of investment real estate, resulting in substantial annual income. In August 2015, Melanie filed for divorce. The North Dakota Supreme Court concluded the district court erred in holding a provision of the parties’ prenuptial agreement was unconscionable and unenforceable and erred in awarding spousal support. However, the Court concluded the court’s property distribution was not clearly erroneous and the court did not abuse its discretion in denying Melanie's request for attorney fees. The matter was remanded for further proceedings. View "Tschider v. Tschider, et al." on Justia Law

Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota’s noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the district court erred in denying a motion for a new trial. On May 29, 2012, Chenille Condon gave birth to a child at St. Alexius Medical Center. Within hours, Condon complained about chest discomfort and shortness of breath. A pulmonary embolism was suspected and testing was ordered in an effort to diagnose the issue. Testing revealed multiple pulmonary nodules in Condon’s mediastinum. Condon was eventually referred to Dr. Booth for a mediastinoscopy for the purpose of collecting a larger tissue sample. The larger tissue sample was necessary for a definitive diagnosis. Not long into the procedure, an injury occurred to Condon’s right innominate artery, resulting in life-threatening bleeding. Condon was placed in intensive care where she had a stroke. The stroke was related to the injury that occurred during surgery. Condon underwent rehabilitation for several months. Condon filed a medical malpractice claim against Dr. Booth. After nine days of proceedings, the jury returned a verdict finding negligence and awarding Condon $265,000 in past economic loss, $1.735-million in future economic loss, $150,000 in past noneconomic loss, and $1.350-million in future noneconomic loss. The North Dakota Supreme Court concluded the damage cap in N.D.C.C. 32-42-02 did not violate the equal-protection provisions of N.D. Const. art. I, section 21. The Supreme Court reversed the district court’s judgment and remanded for a reduction in noneconomic damages consistent with the statute. The Court affirmed the district court’s denial of Dr. Booth’s request for a new trial. View "Condon v. St. Alexius Medical Center, et al." on Justia Law

Heather Thompson appeals from a district court judgment modifying Christopher Johnson’s child support obligation and ordering her to repay overpayments of child support. In November 2015, Thompson was awarded primary residential responsibility of the minor child and Johnson was ordered to pay $314 a month in child support. Thompson successfully moved the district court to vacate the judgment, and a new trial was held in May 2017. Following the new trial, the court noted that “Johnson had $4,003,495 in assets, overall equity of $1,224,533, and crops in storage of $691,895.” Because Johnson’s significant assets were not consistent with the average losses reflected in his tax returns, the court determined Johnson’s tax returns did not accurately reflect his income for child support purposes. Using Johnson’s personal expenses and monthly budget to determine Johnson’s in-kind income, the court found Johnson had a gross annual income of $171,560.66 and a net annual income of $113,916. In September 2017, the court entered an amended judgment requiring Johnson to pay child support in the amount of $1,280 per month and $38,989 in back child support. Johnson appealed. On appeal, the North Dakota Supreme Court found the district court “failed to impute Johnson’s income or adequately explain how using his personal expenses and monthly budget satisfied the child support guidelines . . . [and] erred as a matter of law by failing to calculate Johnson’s child support obligation according to the child support guidelines.” The matter was then remanded for a recalculation of child support. Based upon its determination that Johnson was underemployed, the court imputed Johnson’s income pursuant to N.D. Admin. Code 75-02-04.1-07. The district court denied Thompson’s motion to vacate the judgment and declined to reconsider its decision. Thompson filed an appeal before the court ruled on the potential overpayment of child support. Rather than explain its findings on remand, the Supreme Court found the district court jumped directly to the conclusion Johnson was underemployed. The district court's judgment was again reversed and the matter remanded for recalculation of the child support obligation. View "Thompson, et al. v. Johnson" on Justia Law

H.L.K. (now known as H.G.), appealed an order denying her motion to withdraw her consent to terminate her parental rights to her children K.S.D. and J.S.D. The juvenile court found the mother executed consent to the termination of her parental rights, she was questioned about the consent by the court, the court acknowledged her consent, and she did not participate in subsequent proceedings. The court also found proof beyond a reasonable doubt established the father’s parental rights should be terminated, the children were deprived, the deprivation was likely to continue, the children were suffering or would probably suffer harm, the children had been in foster care for at least 450 of the previous 660 nights, and active efforts were made to prevent the breakup of the family. The mother argued withdrawing her consent was in the children’s best interests, the children had not been adopted, and they should be returned to her custody. The State opposed the motion. The court found the mother consented to termination of her parental rights and she failed to establish her consent was statutorily deficient. The court concluded the mother’s motion was untimely under N.D.C.C. 27-20-45(6) because she did not move to withdraw her consent within thirty days after the order terminating her parental rights was issued. The court also concluded the mother failed to establish her consent was obtained by fraud or coercion. The North Dakota Supreme Court concurred with the juvenile court's conclusion H.G.’s motion to withdraw her consent was untimely under N.D.C.C. 27-20-45(6). View "Interest of K.S.D." on Justia Law

North Dakota appealed an order suppressing evidence and dismissing all charges against Perry Odum. 2018, drug task force officers searched the garbage can in front of Odum’s residence based on an anonymous tip that Odum had been out of town and came back “with a quantity of marijuana.” The garbage can was “located in a manner where it would be regularly retrieved by the garbage truck” on the residence’s regularly scheduled garbage pickup day. During the garbage search, officers found two garbage bags containing rolling papers, several empty, labeled plastic packages and tubes, and green, leafy flakes. The packages and tubes were commercially labeled as containing either marijuana or THC and indicated that they appeared to have been legally sold in another state. The State charged Odum with possession of a controlled substance with intent to manufacture or deliver and with possession of a firearm by a convicted felon. Odum moved to suppress the evidence gathered during the search of his residence and to dismiss all charges against him, arguing probable cause did not exist to issue the search warrant. A district judge found no probable cause for the search warrant and granted Odum’s motions to suppress and dismiss. Under the totality of the circumstances, the North Dakota Supreme Court found sufficient probable cause existed to support a search warrant for Odum’s residence. Because sufficient probable cause to support the search warrant existed, the district court erred in granting Odum’s motions to suppress evidence and dismiss all charges. The Court therefore reversed the suppression order and the dismissal of all charges, and remanded for further proceedings. View "North Dakota v. Odum" on Justia Law

Ashley and Jay Rhodenbaugh were married in 2010 and had two minor children together. During the marriage, Jay farmed, and Ashley stayed at home and cared for the children. In May 2016, Jay filed for divorce, and the parties separated. In October 2016, the district court issued an interim order granting the parties joint decision-making responsibilities for the children, awarding Ashley primary residential responsibility and Jay unsupervised parenting time. At the time of the interim order, she was living in the marital home with the minor children, and he was living in a home he rented from his sister. Effective in December 2016, the court ordered Jay to pay Ashley interim child support of $1,159 per month and spousal support of $500 per month. The court also ordered him to pay certain additional household expenses until his support obligations commenced in December 2016, and thereafter the parties were responsible for their own household expenses and Ashley was to be responsible for their minor children’s expenses. A final judgment was entered in November 2017. Ashley appealed certain district court orders and the divorce judgment. On this record, the North Dakota Supreme Court concluded the district court did not abuse its discretion in denying Ashley's motion to reopen the record and for other relief, and did not abuse its discretion in awarding Jay $1,000 in attorney’s fees. View "Rhodenbaugh v. Rhodenbaugh" on Justia Law