Justia North Dakota Supreme Court Opinion Summaries

Michael Craft appealed the district court's grant of summary judgment in favor of Bravera Bank’s (“Bravera”), denial of its motion for supplemental briefing, and the denial of its requests for continuances of both the summary judgment hearing and trial date. After review of the trial court record, the North Dakota Supreme Court concluded the court did not abuse its discretion by issuing an order granting summary judgment before the scheduled hearing in the absence of a timely request, did not err in granting the summary judgment, and did not err in failing to rule on motions rendered moot by the summary judgment specifically. View "Bravera Bank v. Craft, et al." on Justia Law

Lawrence Didier appealed an order and judgment denying his discharge from civil commitment. Between 1988 and 2008, Didier was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. After a State petition, the district court ordered Didier committed as a sexually dangerous individual in November 2010 under N.D.C.C. ch. 25-03.3. Didier petitioned for an annual review hearing under N.D.C.C. § 25-03.3-18 seeking discharge from commitment. Dr. Deirdre D’Orazio, Ph.D., a doctor of clinical and forensic psychology, submitted a report for the North Dakota State Hospital stating her expert opinion was that Didier remained a sexually dangerous individual. The district court held a hearing and subsequently issued an order and judgment denying Didier’s petition for discharge from civil commitment. After review, the North Dakota Supreme Court concluded the trial court's finding by clear and convincing evidence that Didier had serious difficulty controlling his behavior based on both his past and present conduct was not clearly erroneous, and was supported by the record. Accordingly, the distric court's order and judgment were affirmed. View "Matter of Didier" on Justia Law

Charles Brame pleaded guilty to two counts of sexual assault. On appeal, Brame sought to withdraw his guilty pleas because the district court failed to explicitly ask him whether he was entering his plea voluntarily or whether his plea resulted from force, threats, or promises. "A Rule 11 error does not automatically lead to reversal." The North Dakota Supreme Court concluded that a defendant who failed to first raise the alleged error at the district court must show a Rule 11 violation’s impact on substantial rights before the Court will undo a guilty plea. Because Brame did not show the alleged violation had an impact on his substantial rights, the Court affirmed the judgment. View "North Dakota v. Brame" on Justia Law

Carolyn Nelson appealed her conviction from a bench trial for the crime of accomplice to theft. Nelson was the president of the Oberon School Board. Laura Schnieber-Bruns and her business, Victim Survivor the Voice, LLC, were engaged to perform services for the school. The exact nature of the services was disputed, but an agreement signed by Nelson and Schnieber-Bruns described the work as “investigate, research, compile and deliver ongoing actions request of the Oberon School Board.” The agreement specified a “set-up fee” of $7,500, an “on-going management” fee of $7,500, and a $200 hourly rate for “services outside the scope of this Agreement.” Schnieber-Bruns was later charged with class A felony theft for taking more than $150,000 from the Oberon School “through a deceptive scheme pursuant to” the agreement. She pleaded guilty by an Alford plea. Nelson challenged her conviction as an accomplice. The North Dakota Supreme Court affirmed, concluding the evidence was sufficient to sustain the conviction. The Court declined to address issues Nelson did not raise at the district court or brief on appeal under the obvious error standard of review. View "North Dakota v. Nelson" on Justia Law

In Dencember 2022, Olson Family Limited Partnership (“Olson”) served a summons and complaint on Velva Parks, LLC through Velva Parks’ registered agent, Legalinc Corporate Services Inc. (“Legalinc”). Olson alleged it entered into a contract for deed with Velva Parks for the sale of its mobile home park to Velva Parks. Olson alleged Velva Parks breached their contract for deed by failing to pay the final balloon payment of $406,414 when it became due December 1, 2022. Olson sought to have the contract judicially terminated and canceled. Velva Parks appealed an order denying its motion to vacate the default judgment entered after Velva Parks failed to answer or otherwise appear withn 21 days after being served with the summons and complaint. The North Dakota Supreme Court affirmed, concluding the district court did not abuse its discretion in denying Velva Parks’ motion to vacate. View "Olson Family Limited Partnership v. Velva Parks, LLC" on Justia Law

Moses Ben Yalartai appealed after he pled guilty to gross sexual imposition. Yalartai argued the district court violated his right to self-representation and erred in denying his motion to withdraw his guilty plea. The North Dakota Supreme Court affirmed, concluding the court did not abuse its discretion in denying his motion to withdraw his guilty plea and Yalartai waived the right to challenge whether the court violated his right of self- representation by pleading guilty. View "North Dakota v. Yalartai" on Justia Law

Thomas Kaspari appealed a district court’s judgment entered after the North Dakota Supreme Court remanded the case for reconsideration. Jean Kaspari initiated divorce proceedings in 2019. The district court entered a second amended judgment following the Supreme Court’s remand; Jean served Thomas with notice of the entry of the second amended judgment in February 2023. On April 19, 2023, Thomas moved for relief from the judgment, and the district court denied the motion. Thomas served Jean with notice of the court’s denial of his motion on June 12, 2023. On the same day, Thomas filed a notice of appeal to the second amended judgment appealing the denial of his motion for relief from judgment. Because Thomas served and filed his motion for relief from judgment more than 28 days after service of the notice of entry of judgment, and the time to appeal the second amendment was not tolled, Thomas filed his notice of appeal more than 60 days after service of the notice of entry of judgment. Thomas asked the Supreme Court to review the order denying his motion for relief from judgment. The Court found Thomas only mentioned the order but did not present any argument regarding how the trial court abused its discretion by denying his motion. Because the issue was not adequately articulated, supported or briefed, the Supreme Court dismissed Thomas’ appeal of the second amended judgment. View "Kaspari v. Kaspari" on Justia Law

Sean Kovalevich appealed a district court order denying his motion to correct an illegal sentence under N.D.R.Crim.P. 35(a). Kovalevich was subject to a pre-filing order prohibiting him from filing “any new litigation or any new documents in existing litigation” without first obtaining leave of the court. The North Dakota Supreme Court treated the court’s current order as denying Kovalevich leave of court to file new documents. Orders denying leave to file were not appealable. The Supreme Court therefore dismissed Kovalevich’s appeal. View "North Dakota v. Kovalevich" on Justia Law

Bradley Morales appealed a criminal judgment entered after he pleaded guilty to murder. Morales was convicted by jury of murdering his ex-girlfriend. He was granted a new trial after it was found Morales’ right to a public trial was violated. On the fourth day of the new trial, Morales sought to enter a guilty plea. In verifying his plea was made “knowingly, voluntarily and intelligently,” Morales made a lengthy statement, admitting to stabbing the victim. He apologized to the victim’s family. Roughly nine months later, Morales moved to withdraw his plea. He was thereafter sentenced to 35 years imprisonment. Morales argued the district court erred by not addressing a statement he made at the sentencing hearing indicating he was suffering from depression and anxiety. The North Dakota Supreme Court affirmed, concluding the district court did not abuse its discretion when it denied Morales’ motion to withdraw his guilty plea. View "North Dakota v. Morales" on Justia Law

Randy Severance appealed the dismissal of his personal injury claim against Dr. Brenden Howe. The district court dismissed the case because Severance did not submit an affidavit containing an expert opinion to support a prima facie case of professional negligence as required by N.D.C.C. § 28-01-46. The North Dakota Supreme Court held Severance pleaded a cognizable claim for the intentional tort of battery and that N.D.C.C. § 28-01-46 did not apply to intentional torts. Accordingly, the Court reversed the dismissal judgment and remanded for further proceedings. View "Severance v. Howe" on Justia Law