Justia North Dakota Supreme Court Opinion Summaries

In 2023, Victoria Reiswig was charged with corruption of a minor, a class C felony, under North Dakota law. Reiswig filed a motion to dismiss, arguing that the State failed to corroborate her confession and did not provide sufficient evidence that a sexual act occurred between her and the minor. The evidence presented included testimony from various witnesses and a video interview in which Reiswig admitted to having sex with the minor.The District Court of Burleigh County, South Central Judicial District, denied Reiswig’s motion to dismiss. The court found that the confession was voluntary and that the totality of the evidence, including witness testimonies and the video interview, supported the truth of Reiswig’s confession. The court noted that while individual pieces of evidence might not independently prove a sexual act occurred, together they corroborated the confession. Reiswig then entered a conditional guilty plea, reserving her right to appeal the denial of her motion to dismiss.The North Dakota Supreme Court reviewed the case, applying the same standard of review as for a motion to suppress. The court emphasized the importance of corroborating evidence to support the trustworthiness of a confession. The court found that the district court’s findings were supported by sufficient evidence, including the video interview and witness testimonies that corroborated details of the confession. The Supreme Court concluded that the district court correctly applied the law and that its findings were not clearly erroneous. Therefore, the North Dakota Supreme Court affirmed the denial of Reiswig’s motion to dismiss and upheld the criminal judgment. View "State v. Reiswig" on Justia Law

Lynn and Tanya Heiser filed a lawsuit to quiet title to a 0.90-acre tract of land in McKenzie County, North Dakota, which they claimed through adverse possession and acquiescence. The disputed land is adjacent to their property and separated from Nevin and Laura Dahl's property by County Road 34. The Heisers and their predecessors had used the land for various purposes, including building structures, parking equipment, and general maintenance, since the 1960s.The District Court of McKenzie County ruled in favor of the Heisers, finding that they had established title to the disputed land through adverse possession and acquiescence. The court found that the Heisers and their predecessors had used the land continuously and openly for over 20 years, meeting the requirements for adverse possession. The court also concluded that County Road 34 served as a natural boundary, which the parties had mutually recognized as the property line.The North Dakota Supreme Court reviewed the case and found that the District Court's findings were insufficient to support the conclusion that the Heisers had adversely possessed the entire disputed tract. The Supreme Court noted that the District Court had improperly relied on the transfer of property ownership to establish hostile use and had not adequately determined the 20-year period of adverse possession. Additionally, the court found that the evidence did not support the conclusion that the entire disputed land was improved or enclosed.The Supreme Court reversed the District Court's judgment and remanded the case for further findings on the extent of the Heisers' adverse possession. The court also held that the District Court erred in finding that County Road 34 was the boundary line by acquiescence, as there was no mutual recognition of the boundary by both parties. View "Heiser v. Dahl" on Justia Law

On December 29, 2015, Timothy Morales, a pedestrian, was struck by a vehicle driven by Ruby Junewal while walking along a roadway within the Weatherford distribution facility in Williston, North Dakota. Morales alleged that Weatherford U.S., L.P. was negligent in maintaining the premises, specifically citing inadequate lighting, lack of road signs, and absence of sidewalks. Morales filed a lawsuit in 2019 against Weatherford, Junewal, and Junewal’s employer, Wilhoit Properties, Inc., asserting claims of negligence and premises liability.The District Court of Williams County granted summary judgment in favor of Weatherford, concluding that Weatherford did not owe Morales a duty of care. The court dismissed all claims against Weatherford and the other defendants. Morales appealed the decision, arguing that the district court erred in its judgment.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The Supreme Court held that the danger posed by vehicles on the roadway was open and obvious, and therefore, Weatherford owed no duty of care to Morales. The court noted that Morales was aware of the dangers of walking on the roadway and that the conditions were such that a reasonable person would have recognized the risks. The court also rejected Morales's argument that Weatherford should have anticipated the harm despite the obvious danger, concluding that the distraction exception did not apply as Morales's distraction was self-created. The judgment dismissing all claims with prejudice was affirmed. View "Morales v. Weatherford U.S." on Justia Law

ND Energy Services, LLC, entered into a temporary layflat easement agreement with Kathleen Stroh, granting it the exclusive right to transfer freshwater via aboveground layflat hoses on Stroh's property. Lime Rock Resources III-A, L.P., and Herman Energy Services, LLC, subsequently placed layflat hoses on the same property to transport water for fracking operations. ND Energy sued Lime Rock for tortious interference with contract and willful trespass, seeking a permanent injunction.The District Court of Dunn County granted summary judgment in favor of Lime Rock, dismissing ND Energy's claims. The court found that the oil and gas leases, which Lime Rock had acquired, provided Lime Rock the right to use the property for oil and gas production, including the installation of layflat hoses. The court also concluded that ND Energy had notice of Lime Rock's rights due to a recorded memorandum of a surface use agreement and that Lime Rock's actions were justified.The Supreme Court of North Dakota affirmed the district court's decision. The court held that the leases granted Lime Rock the right to use layflat hoses on the property, as this use was necessary for oil and gas production. The court also determined that ND Energy was not a good-faith purchaser of the layflat easement because it had constructive notice of the surface use agreement through the recorded memorandum. Consequently, ND Energy's claims for tortious interference and a permanent injunction were dismissed, as Lime Rock's actions were justified under the leases. View "ND Energy Services, LLC v. Lime Rock Resources III-A" on Justia Law

Dayne Watts was involved in an altercation with his girlfriend, Leah Redeagle, in their shared home, which also housed Redeagle’s infant child. Watts was charged with multiple offenses, including domestic violence, terrorizing, felonious restraint, child neglect, simple assault on emergency personnel, contact by bodily fluids, preventing arrest, and criminal mischief. During the trial, both Redeagle and Watts testified, along with law enforcement and medical personnel. The jury acquitted Watts of domestic violence but found him guilty of the remaining charges.The District Court of Grand Forks County, Northeast Central Judicial District, presided over by Judge John A. Thelen, held a jury trial in October 2023. Following the trial, Watts was convicted on several charges, and a criminal judgment was entered. Watts appealed, arguing errors in jury instructions, insufficient evidence for the child neglect conviction, and prosecutorial misconduct.The North Dakota Supreme Court reviewed the case. The court found that Watts failed to establish that the jury instructions on the definition of “family or household member” constituted obvious error affecting his substantial rights. The court also determined that there was sufficient evidence to support the child neglect conviction, as testimony indicated Watts was a household member and partially responsible for the child’s care. Additionally, the court concluded that Watts did not meet his burden to show that the prosecutor’s comments constituted prosecutorial misconduct.The North Dakota Supreme Court affirmed the criminal judgment but remanded the case to the district court to correct a clerical error in the judgment, ensuring it accurately reflected that Watts was found guilty after a jury trial, not based on guilty pleas. View "State v. Watts" on Justia Law

Benjamin Nordquist appealed a judgment dismissing his petition for a writ of mandamus. The case involves a dispute over the recording of a quitclaim deed for a portion of land in Witzig’s Fifth Subdivision, Stutsman County, North Dakota. Diane and Duane Witzig originally owned the land, which was platted into three lots in 2014. Diane Witzig later conveyed these lots to Gannon Van Gilder and Levi Hintz. In 2022, Diane Witzig provided a quitclaim deed to Nordquist for a portion of the subdivision depicted as 6th Street SW on the plat map. Nordquist attempted to record this deed, but the Stutsman County Recorder refused, citing discrepancies in the property description and forwarded it to the Auditor.The District Court of Stutsman County denied Nordquist’s petition for a writ of mandamus, concluding that the quitclaim deed changed the current property description and thus required a certificate of transfer from the Auditor. The court also noted that the Auditor had discretion to request the land be replatted due to the irregularities in the property description and previous conveyances.The North Dakota Supreme Court reviewed the case and affirmed in part and reversed in part. The court agreed with the lower court that the quitclaim deed changed the current property description, necessitating a certificate of transfer from the Auditor. However, the Supreme Court found that the district court improperly determined that the 2018 and 2021 deeds conveyed the north 60 feet of Witzig’s Fifth Subdivision. The Supreme Court held that property ownership should be determined in a separate proceeding involving all relevant parties. The court affirmed the denial of Nordquist’s petition for a writ of mandamus, concluding that Nordquist had not demonstrated a clear legal right to compel the Auditor to issue the certificate of transfer. View "Nordquist v. Alonge" on Justia Law

Lisa Schoenberg and Joshua Schoenberg, parents of two minor children, divorced in 2017 and agreed to share joint and equal residential responsibility. In November 2023, Lisa moved to modify this arrangement, seeking primary residential responsibility. She supported her motion with declarations and exhibits, including a declaration from an attorney who interviewed the children. Joshua opposed the motion, arguing Lisa failed to establish a prima facie case and objected to the attorney’s declaration and letter as hearsay.The District Court of Cass County struck the attorney’s declaration and letter, concluding they contained hearsay and did not meet the residual exception to the hearsay rule. The court also denied Lisa’s motion to modify residential responsibility, finding she failed to establish a prima facie case. Lisa’s subsequent motion for reconsideration was also denied.The North Dakota Supreme Court reviewed the case and affirmed the lower court’s decisions. The court held that the attorney’s declaration and letter were correctly excluded as they were not more probative than affidavits or declarations from the children themselves. The court also found that Lisa failed to establish a prima facie case for modification. Although she demonstrated material changes in circumstances, such as the children’s counseling and Joshua’s significant other moving in, she did not show these changes adversely affected the children or led to a general decline in their condition. Consequently, the court concluded that Lisa did not meet the necessary legal standard to warrant an evidentiary hearing for modifying residential responsibility. View "Schoenberg v. Schoenberg" on Justia Law

Brandon Schweitzer was charged with one count of reckless endangerment, four counts of fleeing a police officer, and one count of driving under suspension after a series of police pursuits on August 15-16, 2022. Schweitzer pleaded guilty to the charges during a change of plea hearing where the court confirmed he understood the charges and the potential penalties. Schweitzer later filed a petition for postconviction relief, claiming ineffective assistance of counsel for not advising him of a potential double jeopardy defense and failing to file a motion to dismiss some of the charges.The District Court of Burleigh County denied Schweitzer's petition and amended petition for postconviction relief. The court found that Schweitzer and his attorney had discussed the case, and the attorney had advised him appropriately. The court also found that Schweitzer's claims lacked credible evidence and legal support. The court concluded that Schweitzer's attorney's performance did not fall below an objective standard of reasonableness and that Schweitzer failed to show his attorney was ineffective for not raising a double jeopardy defense.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The Supreme Court held that Schweitzer did not meet the first prong of the Strickland test, which requires showing that counsel's performance fell below an objective standard of reasonableness. The court found that Schweitzer failed to provide substantive law supporting his claim that the four counts of fleeing police violated the double jeopardy clause. The court concluded that the district court's findings were not clearly erroneous and that Schweitzer did not prove ineffective assistance of counsel. View "Schweitzer v. State" on Justia Law

Duane Durr, diagnosed with mild cognitive impairment, appointed his step-daughter, Dawn Volden, as his attorney-in-fact in 2017, granting her broad discretion over his assets. Volden used Durr’s credit cards and checking account for various expenditures, some of which Durr later claimed were unauthorized. Durr filed a lawsuit against Volden in 2021, alleging she breached her fiduciary duties and seeking an accounting of her spending.The District Court of Cass County held a three-day bench trial in May 2023. The court found that while Volden owed Durr a fiduciary duty, the evidence was insufficient to prove she breached that duty. The court noted that some transactions seemed suspect but concluded that most were permitted under the power of attorney. The court dismissed Durr’s claims, finding he failed to prove Volden’s actions constituted willful misconduct or gross negligence.The North Dakota Supreme Court reviewed the case and found that the district court erred by not applying the presumption of undue influence, which should be applied to transactions between parties in a confidential relationship, such as an attorney-in-fact and their principal. The Supreme Court held that Durr had met his burden by showing suspicious transactions and unaccounted-for withdrawals, shifting the burden to Volden to disprove the presumption of undue influence. The court reversed the district court’s judgment and remanded the case for further proceedings consistent with its decision, requiring the lower court to apply the correct legal standard and burden shift. View "Durr v. Volden" on Justia Law

Cody Wayne Ritter was convicted of sexual assault after his fifteen-year-old stepdaughter alleged inappropriate contact. The minor underwent a forensic interview at the Children’s Advocacy Center, which was recorded and marked as evidence. During the trial, the defense and prosecution discussed the contents of the video, which included allegations of misconduct in Texas. The district court admitted the video into evidence over the defense's objections, which argued that its prejudicial impact outweighed its probative value.The District Court of Ransom County admitted the video, reasoning that the defense had opened the door to its contents by eliciting testimony about the Texas incident. The court allowed the video to be shown to the jury during deliberations, despite the defense's objections under N.D.R.Ev. 403. The jury subsequently convicted Ritter of sexual assault.The North Dakota Supreme Court reviewed the case and found that the district court abused its discretion by admitting the video without properly weighing its prejudicial impact against its probative value. The Supreme Court noted that the district court had not viewed the video in its entirety and failed to assess the specific instances of alleged misconduct. The court emphasized that the doctrine of "opening the door" requires a careful, topic-by-topic assessment and that the district court did not adequately consider the potential for undue prejudice and confusion. Consequently, the North Dakota Supreme Court reversed the criminal judgment against Ritter. View "State v. Ritter" on Justia Law