Justia North Dakota Supreme Court Opinion Summaries

In the State of North Dakota, Joshua Holm appealed from a district court's decision to issue a disorderly conduct restraining order preventing him from contacting Heidi Holm for six months. The couple's marriage had deteriorated and they agreed to separate; however, Heidi alleged that Joshua had taken money from her safe and joint checking accounts, attempted to force her into sex, and had weapons, causing her to fear him. The Supreme Court of North Dakota reversed the decision, stating that the district court had abused its discretion by issuing the restraining order without finding that Joshua intended to adversely affect Heidi's safety, security, or privacy. The court noted that while Joshua had admittedly visited the marital home against Heidi’s wishes, this alone did not establish reasonable grounds for a restraining order. The court concluded that Heidi, as the petitioner, bore the burden of proving Joshua acted with adverse intent, which she failed to do. The restraining order was, therefore, reversed. View "Holm v. Holm" on Justia Law

In the State of North Dakota, the Supreme Court was asked to review a lower court's decision to grant a disorderly conduct restraining order. The petitioner, Hattie Albertson, had filed for this restraining order against the respondent, Trent Albertson. The District Court of Bottineau County had granted the restraining order in favor of Hattie Albertson and their minor child, C.W.A., for a period of one year. This decision was appealed by Trent Albertson, and the Supreme Court retained jurisdiction and remanded the case to the lower court for more detailed findings. Upon review of these additional findings, the Supreme Court affirmed the lower court's decision to maintain the restraining order.The lower court had found that Trent Albertson had made multiple threatening phone calls over two days, including threats of violence against a friend of the minor child and towards the child as well. These threats and the respondent's actions, including attempting to forcefully enter Hattie Albertson's home, led her to leave the home out of fear. The Supreme Court agreed with the lower court's decision, finding the evidence and testimony presented sufficient to believe that acts constituting disorderly conduct had been committed.Trent Albertson had argued on appeal that the restraining order effectively modified a residential responsibility schedule without necessary hearings and considerations. However, the Supreme Court declined to address this argument as it was raised for the first time on appeal, and had not been presented to the lower court for consideration. The Supreme Court concluded that the district court did not abuse its discretion in granting the disorderly conduct restraining order and affirmed the decision. View "Albertson v. Albertson" on Justia Law

In the case before the Supreme Court of North Dakota, the appellant Jean-Michael Kisi appealed from orders dismissing in part and denying in part his application for postconviction relief. Kisi contended that he was wrongfully convicted of a non-cognizable offense, accomplice to attempted murder. He further argued that he received ineffective assistance of counsel, the lower court followed improper trial procedures, and the State committed prosecutorial misconduct.The Supreme Court of North Dakota upheld the lower court's decision, affirming that an attempted knowing murder is not a cognizable offense. However, the Court found that the erroneous inclusion of "knowing" in the jury instruction was harmless beyond a reasonable doubt, as the evidence presented indicated that the jury convicted Kisi of attempted intentional murder.Kisi's claim of ineffective assistance of counsel was also dismissed. The Court held that there was no genuine issue of material fact, and the representation of his counsel did not fall below an objective standard of reasonableness. Kisi's claims regarding improper trial procedure and prosecutorial misconduct were summarily dismissed. The Court, therefore, affirmed the lower court's order dismissing in part and denying in part Kisi's application for postconviction relief. View "Kisi v. State" on Justia Law

In the State of North Dakota, the defendant, Demetris Haney, was involved in a shooting in a bar's parking lot. Haney was charged with reckless endangerment and terrorizing, among other charges. The trial took place in August 2022, where the state presented surveillance footage showing Haney firing multiple rounds at an individual before they returned fire. Haney testified that he only returned fire when shot at. After the state rested its case, Haney moved for a judgment of acquittal on all counts, which the district court denied. The jury found Haney not guilty of attempted murder but guilty of two counts of the lesser-included offense of aggravated assault and guilty of reckless endangerment and terrorizing.On appeal, Haney argued that the district court erred in denying his motion for a judgment of acquittal on the terrorizing charge. He claimed that the state failed to prove the terrorizing charge because he did not "threaten" to commit any violent crime or dangerous act. The State of North Dakota Supreme Court concluded that a rational fact-finder could find Haney guilty of terrorizing based on the evidence presented at trial, and therefore, the evidence was sufficient to support the conviction.Haney also argued that the district court violated his constitutional right to a public trial by conducting in-chamber conferences without the necessary findings or obtaining a waiver from Haney. The Supreme Court concluded that these conferences were not closures implicating Haney's public trial right and that Haney did not establish obvious error in the district court's failure to create a record of these conferences.Lastly, Haney argued that the district court denied his right to due process, but he did not provide any factual or legal analysis to support this claim. The Supreme Court declined to consider this claim, as Haney did not provide relevant authority or meaningful reasoning to support it.As a result, the Supreme Court affirmed the district court's decision, upholding Haney's convictions. View "State v. Haney" on Justia Law

Jeffrey Weikum appealed a district court order and judgment denying his motion to compel arbitration, and granting Rodney Pagel and Scott Hager's motion for summary judgment. The parties agreed to dissolve their law firm, Pagel Weikum, PLLP, and entered into a Release and Settlement Agreement. The Agreement included an arbitration clause. Pagel and Hager filed suit against Weikum for breach of contract and conversion. Weikum moved to dismiss and compel arbitration. The North Dakota Supreme Court reversed, finding the arbitration clause at issue in the Agreement was broad, and not limited by any exceptions. The Court concluded the district court misinterpreted the Agreement by finding the claims raised were not arbitrable, and by denying the motion to compel arbitration of those claims. View "Pagel, et al. v. Weikum" on Justia Law

Eli Richter appealed an order deferring imposition of a sentence imposed after a jury found him guilty of the unlawful use of an operator's license. The State charged Richter with the unlawful use of the license, alleging he showed a counterfeit Minnesota driver's license to a police officer in Grand Forks, North Dakota. At trial, the officer testified the "license was nonexistent or it was never issued through any state." At the close of the State's case, Richter moved to acquittal, arguing "the definition [of operator's license] stats an operator's license is issued or granted by the laws of this state. The ID that was taken from Mr. Richter is not issued under the laws of this state. It does not meet the definition, Your Honor." The district court denied the motion and the jury ultimately found Richter guilty. The North Dakota Supreme Court concurred: N.D.C.C. § 39-06-40 made it a crime to display a fictitious license. View "North Dakota v. Richter" on Justia Law

David Geiger was convicted by jury of stalking. The victim testified she was an employee at a bank where Geiger was a customer. The victim, in conjunction with other bank employees, decided to close out Geiger’s account after what the victim described as abusive conduct by Geiger towards bank employees. Geiger was informed of the closure and instructed to collect the remaining funds in his account through the drive-up window. The victim and other employees then observed Geiger sitting in his car across the street. Due to concerns surrounding this behavior, bank staff contacted law enforcement to escort staff from the building to their vehicles at closing. Later that same night, the victim received a phone call to her personal phone, verified by law enforcement as having been placed from a phone belonging to Geiger. Upon answering the call, the victim’s husband said “hello” several times, but there was no response. These incidents served as grounds for the stalking charge. On appeal, Geiger argued the district court failed to make a mandatory determination regarding whether the conduct he was alleged to have engaged in was constitutionally protected. He further argued the evidence presented at trial was insufficient to support the jury’s verdict of guilty. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Geiger" on Justia Law

Danial Curtis was convicted of the unauthorized use of personal identifying information. At trial, a bank teller testified Curtis entered the bank where she worked producing a check for cashing. The teller noticed several "red flags" on the check; her manager testified to noticing the same red flags. The manager contacted the account holder to inquire if the check was authorized; the account holder testified she had thrown out any checks she had remaining once she closed the account. Representing himself, Curtis called a friend who testified Curtis was not attempting to cash the check, but was only attempting to see if the check was valid. Based on the evidence presented, the district court found beyond a reasonable doubt Curtis willfully presented the check to cash, and found Curtis guilty of the unauthorized use of personal identifying information "to obtain money without the authorization of consent of the holder of the account, and the value of the money exceeded $1,000." On appeal, Curtis argued there was insufficient information presented to support his conviction. Finding no reversible error, the North Dakota Supreme Court affirmed Curtis' conviction. View "North Dakota v. Curtis" on Justia Law

Ashton Steele appealed after conditionally pleading guilty to delivery of a controlled substance and possession with intent to manufacture or deliver a controlled substance. The plea reserved the right to appeal the denial of a motion to suppress evidence. After review of the trial court record, the North Dakota Supreme Court concluded Steele had a reasonable expectation of privacy in the rented bedroom and a reasonable officer would not have believed the homeowner could consent to a search of the bedroom. Accordingly, the judgment was reversed and the case remanded for further proceedings. View "North Dakota v. Steele" on Justia Law

David Tracey appealed a domestic violence protection order prohibiting him from having contact with Monica Tracey for a two-year period. The petition alleged Monica was in fear of her husband. Monica's testimony described events that led to filing the petition, pertinent here, an argument with her husband that resulted in a physical altercation that occurred in November 2021. Following this incident, Monica left the parties’ house for about ten months. The parties reconciled after this incident, and Monica moved back home for about five months before leaving again. Without providing any specific dates, Monica further testified that in the past, David had told her “no one would care if [she] disappeared.” She took these comments about her disappearing as a threat. Monica stated she was not “comfortable” with David showing up to her home and place of work. David did not cross-examine Monica Tracey or deny the allegation of the physical altercation in November 2021, nor did he deny any other incidents related in Monica's testimony. David argued the district court erred in granting the domestic violence protection order because Monica failed to make a showing of actual or imminent domestic violence and the court failed to make sufficient findings to enable proper appellate review. To this, the North Dakota Supreme Court agreed: Monica's petition was based on fear of imminent harm, but the district court made oral findings based on David's conduct that occurred about one and a half years prior. The court made no other specific findings on how the altercation met the definition of domestic violence or whether David acted in self-defense. "Although the November 2021 incident is relevant to the issue of domestic violence, given the period of time since the conduct occurred, and the on and off again relationship between the parties, it is necessary for the district court to find a contemporaneous actual harm or the infliction of fear of physical harm, bodily injury, or assault." The Supreme Court reversed the two-year domestic violence protection order. View "Tracey v. Tracey" on Justia Law