Justia North Dakota Supreme Court Opinion Summaries

Francis Franson appealed after the district court granted Hess Corporation’s (“Hess”) motion for summary judgment and Agri Industries, Inc.’s (“Agri”) motion for prejudgment interest. Hess cross-appealed parts of the district court’s judgment rejecting Hess’ alternative arguments for dismissal. In 2008, Hess hired Geokinetics USA, Inc. to complete seismographic testing on Franson’s property. Shortly after, Franson noticed a loss of pressure from his water well between December 2008 and January 2009. Franson hired Agri to drill a new well in January 2009. In March 2013, Agri sued Franson for not paying for its well-drilling services. The district court determined Hess was not entitled to dismissal under the statute of limitations and Franson’s third-party complaint was adequate under N.D.R.Civ.P. 8 and 14. However, the district court granted Hess’ motion for summary judgment, concluding Hess could not be held liable for the negligence of its independent contractor and Franson did not comply with N.D.C.C. 38-11.1-06, which required a certified water test to recover against a mineral developer for damage to a water supply. The district court held a jury trial on the remaining issues between Agri and Franson, and the jury returned a verdict in favor of Agri in the amount of $77,924.85, the exact amount invoiced to Franson for the services. The jury verdict did not mention interest. Agri moved for an award of prejudgment interest. The district court determined Agri was entitled to prejudgment interest because the damages were certain or capable of being made certain by calculation. The North Dakota Supreme Court affirmed the portion of the district court’s judgment granting summary judgment to Hess. The Court reversed the portion of the district court’s judgment granting Agri’s motion for prejudgment interest. "A district court errs by granting a motion for prejudgment interest when the unobjected-to jury instruction on awarding interest became the law of the case." View "Agri Industries v. Franson" on Justia Law

Kenneth Ndumbe Ngale appealed after he conditionally pled guilty to actual physical control of a motor vehicle. He argued the district court erred in denying his motion to suppress because he was seized and arrested by a person who was not a licensed law enforcement officer and did not have authority to investigate and arrest. In rejecting Ngale's argument, the North Dakota Supreme Court found a reserve deputy, who provides services on a non-salaried basis and has full arrest authority, and is not required to be licensed to perform peace officer law enforcement duties. View "North Dakota v. Ngale" on Justia Law

Daniel Peltier appealed an order denying his motion for relief from a child support judgment. Peltier argued the district court erred in denying his motion because the Turtle Mountain Tribal Court had exclusive subject matter jurisdiction to decide his child support obligation. The North Dakota Supreme Court concluded the state district court had concurrent jurisdiction to decide Peltier's child support obligation, and the district court did not err in denying his motion for relief from the judgment. View "North Dakota v. Peltier" on Justia Law

Brian Vanberkom appealed after the district court found him guilty of reckless driving. Vanberkom argued that jeopardy attached when he was convicted of Care Required in violation of N.D.C.C. 39-09-01.1 and that the subsequent charge for reckless driving for the same conduct violated his constitutional rights. Because there was sufficient evidence of reckless driving and double jeopardy did not bar prosecution, the North Dakota Supreme Court affirmed. View "North Dakota v. Vanberkom" on Justia Law

Dale Yost appealed an order denying his motion to withdraw guilty pleas and amended criminal judgments. In October 2012, the State of North Dakota charged Yost with eleven counts of gross sexual imposition involving five minors. Yost argues the district court abused its discretion in denying withdrawal of his guilty pleas, did not advise him of his rights before his pleas, and erred in amending the amended judgments because the district court lacked jurisdiction. After review, the North Dakota Supreme Court affirmed the district court's denial of Yost's motion, vacated the district court's second amended judgment, and remanded for correction of the first amended judgment. View "North Dakota v. Yost" on Justia Law

Ashley Hunter appealed after a jury found him guilty of two counts of murder and one count of arson. On the afternoon of June 22, 2015, Fargo police officers responded to a call about a death at a north Fargo location and found the body of Clarence Flowers. Flowers had been stabbed numerous times. Later that day, firefighters responded to a call about a fire at another north Fargo location and found the body of Samuel Traut. Traut had been killed by blunt force trauma to the head. The next morning Fargo police officers were dispatched to an address near the Traut murder scene in response to a call about a suspicious male. When officers arrived at the address, Hunter approached them and was arrested. Hunter was considered a person of interest in the Traut death, but the officers arrested him on a bench warrant for unrelated charges. Hunter was taken to the police station, where he was questioned by Fargo police. Hunter made several incriminating statements related to the Flowers and Traut murders. After the interview was complete, Hunter attempted suicide and was taken to the hospital. Hunter was charged with two counts of murder and one count of arson. Hunter argued on appeal: (1) the district court erred by denying his motion to suppress; (2) the court erred in allowing testimony about his statements to a medical professional; and (3) the judge should have recused himself. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Hunter" on Justia Law

James Jorgenson apealed a district court's order approving pretrial diversion and order of restitution. The State charged Jorgenson with two counts of theft of property for depriving Jackie Blikre of proceeds from the sale of calves. The district court approved a pretrial diversion agreement entered into by the parties ("Diversion Order"), suspending prosecution for sixty months after which the charges would be dismissed if Jorgenson met certain conditions. One such condition was that Jorgenson "shall pay restitution to be determined by the Court at a contested Restitution Hearing . . . ." After a restitution hearing, the district court ordered Jorgenson to pay restitution in the amount of $50,000. Although these orders were not appealable under N.D.C.C. 29-28-06, the North Dakota Supreme Court exercised its supervisory jurisdiction to review them. Because these orders did not comply with N.D.R.Crim.P. 32.2, they were vacated. View "North Dakota v. Jorgenson" on Justia Law

James Blue II appealed convictions after entering Alford pleas to two counts of terrorizing, seven counts of reckless endangerment, two counts of simple assault on emergency medical personnel, three counts of contact by bodily fluids, unlawful possession of a firearm, interference with a telephone during an emergency call, and attempted murder. These charges arose from an assault of his then-girlfriend in 2016. After he entered his pleas, the State requested restitution in the amount of $2,716.13. The requested restitution represented the cost of disposing of the destroyed residence, reimbursement to Workers' Compensation (or the equivalent), and reimbursement to Medicaid for various medical expenses. The district court asked Blue if he wanted a restitution hearing or if he wanted to stipulate to the amount. Blue indicated he would stipulate to the restitution and the court found Blue was making a knowing and intelligent decision to stipulate to restitution. Blue did not argue on appeal for a reduction of the restitution; rather, he only argued the court needed to make a factual finding that he was able to pay the restitution. The North Dakota Supreme Court concluded the district court abused its discretion by failing to consider N.D.C.C. 12.1-32-08(1)(b) when ordering restitution, and reversed as to that issue. The Court affirmed Blue’s conviction in all other respects. View "North Dakota v. Blue" on Justia Law

Greggory Tank appealed an amended judgment quieting title to royalty interests in property located in McKenzie County, North Dakota in favor of several of the defendants. In June 2014, Tank sued numerous defendants seeking to quiet title to royalty interests in proceeds from the production from an oil and gas well. Most of the defendants did not appear or settled with Tank. The remaining defendants who were the appellees in this appeal contested the quiet title action. The royalty interests at issue were subject to several possible conveyances. Tank claims ownership of a 16 percent royalty interest based on an unbroken chain of title utilizing filed county records dating back to the federal fee patent. Included within that chain of title was a 1931 purchase of the property by McKenzie County under a tax foreclosure sale. The County subsequently sold and transferred the property in 1945. The defendants claimed various percentages of royalty interests under a recorded 1938 assignment of an 11 percent royalty to oil and gas produced on the property. The North Dakota Supreme Court reversed the district court's amended judgment quieting title to the royalty interests in favor of the defendants and directed the entry of judgment quieting title in favor of Tank. A county's tax deed gives it title or color of title to the whole estate in the land including the royalty interests. A tax deed, valid upon its face, creates a presumptive title to the entire estate in the land which continues until it has been overcome by the affirmative action in court, by suit or counterclaim on the part of a person who has a sufficient interest to challenge the title. Royalty interests cannot be "possessed" for purposes of the statute of limitations or adverse possession. The Court remanded this case to the district court for determination of whether Tank was barred from the recovery of royalty payments previously made to the defendants and, if not barred, the amount of the recovery. View "Siana Oil & Gas Co., LLC v. Dublin Co." on Justia Law

Ronald Beltran appealed after a jury found him guilty of driving under the influence and driving under suspension. Beltran argued the evidence presented at trial was not sufficient to convict him of driving under the influence. Beltran also argued the district court abused its discretion by not allowing the introduction of medical records and denying his request to stipulate to his license status. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Beltran" on Justia Law