Justia North Dakota Supreme Court Opinion Summaries

Robert Post Johnson and A.V.M., Inc. ("Johnson and A.V.M.") appealed the district court's grant of summary judgment in favor of Statoil Oil & Gas LP and others ("Statoil"). Johnson and A.V.M. argued the district court incorrectly determined the primary three-year terms of two oil and gas leases were extended by continuous drilling operations clauses within the lease agreements. The North Dakota Supreme Court concluded the Pugh clauses in the pertinent leases at issue here were irreconcilable with the habendum and continuous drilling operations clauses, and the Pugh clauses controlled: the Pugh clauses terminated the leases with regard to the disputed units at the end of the primary three-year period because of the lack of oil or gas production in paying quantities within those units. The Court therefore found the district court's determination that the leases could be extended by drilling was not correct. The Supreme Court reversed the judgment of the district court. View "Johnson v. Statoil Oil & Gas LP" on Justia Law

Ryan Korb appealed a judgment affirming a Department of Transportation decision suspending his driving privileges for ninety-one days. Korb argued: (1) the arresting officer improperly included additional language before he read the statutorily required implied consent advisory; and (2) the record evidence was insufficient to establish that this blood test sample had been properly obtained. The North Dakota Supreme Court concluded the officer did not act improperly by prefacing the implied consent advisory with accurate information, and the record evidence was sufficient to establish that the blood test sample had been properly obtained. View "Korb v. N.D. Dep't of Transportation" on Justia Law

William Wallace appealed a second amended criminal judgment entered after he pleaded guilty to luring minors by computer or other electronic means. Before accepting a guilty plea, the district court must inform a defendant of and determine the defendant understood any mandatory minimum penalty, including any mandatory minimum term of probation. The North Dakota Supreme Court concluded the district court did not substantially comply with N.D.R.Crim.P. 11 when the court failed to inform Wallace of and determine that he understood the five-year mandatory minimum period of probation. The Court therefore reversed and remanded this case to the district court to allow Wallace to withdraw his plea of guilty and for further necessary proceedings. View "North Dakota v. Wallace" on Justia Law

The North Dakota Department of Transportation appealed a district court judgment reversing the Department's decision to suspend Jim DeForest's driving privileges. In November 2017, Deputy Jared Lemieux stopped appellee Jim DeForest for exceeding the speed limit by ten miles per hour. During the stop, DeForest exhibited signs of intoxication. After conducting field sobriety tests, Lemieux arrested DeForest for driving under the influence of alcohol. Lemieux read DeForest Miranda warnings and a post-arrest implied consent advisory, omitting reference to criminal penalties for refusal of breath or urine tests. Lemieux then requested a blood test. Prior to Lemieux's advisory and request, DeForest had asked for a chemical blood test. DeForest consented to a blood test. During the administrative hearing, DeForest objected to admission of the blood test result, arguing non-compliance with the required implied consent advisory procedure. The hearing officer admitted the blood test evidence over the objection and found Lemieux "read the implied consent advisory in accordance with N.D.C.C. section 39-20-01(3)(a)." DeForest appealed to the district court, arguing the implied consent advisory given was incomplete and thus the blood test evidence was inadmissible. The district court concluded the hearing officer erred in admitting the blood test evidence and reinstated DeForest's driving privileges. The North Dakota Supreme Court concluded the phrase "any criminal penalties" in N.D.C.C. 39-20-01(3)(a) meant what it plainly said, and included all criminal penalties, including penalties for refusal of "blood, breath, or urine" tests under N.D.C.C. 39-08-01(1)(e)(2). "It is not consistent with plain meaning to read 'any criminal penalties' as implicitly referring only to criminal penalties for refusing blood tests." Therefore, the Court reversed the district court judgment and reinstated the hearing officer's decision to suspend DeForest's driving privileges. View "DeForest v. N.D. Dep't of Transportation" on Justia Law

Charles Minard, personal representative of the Estate of Delbert Moore, appealed a judgment denying the Estate's claim for rent from the Glenn W. Moore & Sons Partnership for the partnership's use of real property owned by Delbert Moore. The North Dakota Supreme Court concluded the Estate was not entitled to rent; however, the district court erred by failing to account for the Estate's interest in the partnership after Delbert Moore's death. View "Estate of Moore" on Justia Law

Shane Dockter appealed the denial of his N.D.R.Civ.P. 60(b) motion to vacate a default judgment, arguing the judgment was either void or should have been vacated for excusable neglect. Brandon and Shane Dockter were brothers. In 2007, the brothers formed a partnership to facilitate a joint farming operation. In conjunction with the formation of the partnership, the brothers also created a trust, the Dockter Brothers Irrevocable Trust, to hold farmland. The brothers were co-trustees of the trust. Shane had mental health and chemical dependency problems. By 2012, Shane's mental health and chemical dependency had escalated and caused him to be absent from the farm. In 2015, Shane was detained by law enforcement after he was found walking down a public road carrying a Bible while wearing a church robe and claiming to be Jesus. The incident resulted in Shane's admission to the North Dakota State Hospital for about a month. Around the same time, Shane developed an addiction to opioids and methamphetamine. He was readmitted to the State Hospital in late 2016 after threatening his mother. In February 2017, Shane was arrested for various offenses and was readmitted to the State Hospital. Brandon commenced a lawsuit against Shane seeking "dissolution" of the partnership and "dissolution" of the trust. Brandon alleged that "Shane's mental health and chemical dependency problems" made him unable to participate in partnership activities and made it impossible to achieve the purpose of the trust. Shane was served while in custody at the sheriff's office. Shane did not answer the complaint, and he was readmitted to the State Hospital for another month. While Shane was at the Hospital, Brandon moved for default judgment. Shane was served with the motion for default judgment at the State Hospital, but did not respond. The district court ultimately granted the default judgment "expell[ing]" Shane from the partnership and removing him as co-trustee of the trust. On appeal, Shane argued: (1) the default judgment was void and should have been vacated under N.D.R.Civ.P. 60(b)(4); and (2) the court abused its discretion by denying relief as provided in N.D.R.Civ.P. 60(b)(1), which allowed relief from a final judgment for mistake, inadvertence, surprise, or excusable neglect. Applying the limited standard for reviewing denial of motions to vacate default judgments, the North Dakota Supreme Court concluded the district court did not abuse its discretion and affirmed the orders denying the motion. View "Dockter v. Dockter" on Justia Law

JanMichel Wangstad was convicted by jury of attempted murder. Wangstad argued on appeal: (1) the district court erred in the admission of social media posts he made prior to the alleged crime; (2) the jury was given erroneous instructions; and (3) the evidence was insufficient to support the conviction. West Fargo police were dispatched to the Rodeway Inn in response to a report of a man with a gun. Responding officers located the source of the disturbance in one of the rooms. One of the officers knocked on the door of the room and announced, "police." A female acquaintance of Wangstad opened the door and began to step back into the room. The officers told the female to get down on the ground. Two officers then entered a few steps into the room and noticed Wangstad standing by a desk. Wangstad made a fast-paced movement from the desk to the corner of the room where he fired a gun in the direction of one of the officers. The bullet traveled through the wall above the entry door to the room and lodged into the wall of another room. Finding no reversible error in the district court judgment, the North Dakota Supreme Court affirmed Wangstad's conviction. View "North Dakota v. Wangstad" on Justia Law

Borsheim Builders Supply, Inc., doing business as Borsheim Crane Service, ("Borsheim") appealed a declaratory judgment granting summary judgment to Mid-Continent Casualty Company and dismissing Borsheim's claims for coverage. After review of the facts presented, the North Dakota Supreme Court concluded the district court erred in concluding Construction Services, Inc. ("CSI"), and Whiting Oil and Gas Corporation were not insureds entitled to defense and indemnity under the "additional insured" endorsement in the commercial general liability ("CGL") policy Mid-Continent issued to Borsheim. Furthermore, the Court concluded the court erred in holding Mid-Continent had no duty to defend or indemnify Borsheim, CSI, and Whiting under the CGL policy for the underlying bodily injury lawsuit. View "Borsheim Builders Supply, Inc. v. Manger Insurance, Inc." on Justia Law

Daniel Bohe appealed entered after his conditional plea of guilty to a charge of driving with a blood alcohol concentration of .08 or greater. Bohe argued that because he was given an incomplete implied consent advisory, the district court erred by failing to suppress evidence of blood test results under N.D.C.C. 39-20-01(3)(b). We reverse the judgment and the district court's order denying Bohe's motion to suppress the blood test evidence. The North Dakota Supreme Court concurred the entire statutory warning was not given here, and as a result, the blood test was inadmissible. The Court concluded the motion to suppress the blood test result should have been granted. The Court reversed the criminal judgment and remanded this case for further proceedings. View "North Dakota v. Bohe" on Justia Law

Jeffrey Riskey, individually and as co-trustee of the Annette Riskey Family Irrevocable Trust dated April 12, 2004 ("Trust"), and other Riskey family members (collectively, "the Riskeys") appealed judgments entered after the district court granted his brother and co-trustee Rodney Riskey's summary judgment motion. Annette Riskey's husband, Gilbert Riskey, died in December 2003. Within months of the death, Rodney brought Annette to attorney David Peterson. A new trust was drafted which allowed Rodney to purchase land, bins and a house owned by Annette [after her death] for the sum of $65,000. The trust was signed by Annette [as settlor] and Rodney [as co-trustee] on April 12th, 2004. Jeffrey was appointed [c]o-trustee but was only sent a signature page, which he signed shortly thereafter. Jeffrey did not know of the purchase option until 2015. All parties agreed the land, bins and house were worth more than $65,000, though no appraisal has been admitted into the record. Annette died in November 2015. Rodney executed a purchase agreement, which Jeffrey as [c]o-trustee, would not sign. In 2004 Annette had also executed a warranty deed transferring the property to the co-trustees, Rodney and Jeffrey, and reserving a life estate. The North Dakota Supreme Court conclude that the facts, when viewed in a light most favorable to the Riskeys, did not support a conclusion that the Trust's purchase option provision was the effect of Rodney's undue influence on their mother. View "Riskey v. Riskey" on Justia Law