Justia North Dakota Supreme Court Opinion Summaries

A.I. appealed a district court’s order continuing her commitment to the North Dakota State Hospital (“NDSH”) for a period not to exceed 180 days. She argued the court erred in not ordering a less restrictive alternative treatment as testimony supported A.I.’s needs could be met with a lower level of care. In addition, A.I. asserted the entry of an order, that indicated a waiver of the continuing treatment hearing filed after a hearing was held, was clearly erroneous. The North Dakota Supreme Court concluded the court’s order to continue her hospitalization was not clearly erroneous, and the court’s order following waiver of treatment or continuing treatment hearing, as conceded by both parties, was entered in error. The Court affirmed the district court’s order for continued treatment and vacated the superfluous order entered in the record at docket entry 43. View "Interest of A.I." on Justia Law

Trenton Albertson appealed the issuance of a disorderly conduct restraining order that directed he have no contact with Hattie Albertson and C.W.A., the couple's child, for a one-year period. The North Dakota Supreme Court concluded the district court did not abuse its discretion by denying Trenton's request for a continuance. Because the district court did not make findings of fact to explain the factual basis for granting the disorderly conduct restraining order, the Supreme Court retained jurisdiction under N.D.R.App.P. 35(a)(3)(B) and remanded with instructions for the court to make sufficient findings to enable the Court's review of the disorderly conduct restraining order. View "Albertson v. Albertson" on Justia Law

Milo Blaine Whitetail was convicted by jury of intentional or knowing murder. Whitetail argued on appeal the evidence is insufficient to prove that he was not in a dissociative mental state at the time of the murder due to his post-traumatic stress disorder. Whitetail also argued the State did not prove he acted knowingly or intentionally. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Whitetail" on Justia Law

Dean Hatzenbuehler appealed an order revoking sentencing and judgment imposing a new sentence. In August 2022, Hatzenbuehler pled guilty to conspiracy to deliver a controlled substance, a class B felony; delivery of a controlled substance, a class B felony; possession of a controlled substance-methamphetamine, a class A misdemeanor; and possession of drug paraphernalia, a class A misdemeanor He argued the district court’s findings of fact on the revocation of his probation were clearly erroneous and the court erred by not adequately considering the statutory sentencing factors. The North Dakota concluded the court’s findings supporting revocation were not clearly erroneous, the court adequately considered the statutory factors, and the court did not abuse its discretion in imposing a sentence upon revocation. View "North Dakota v. Hatzenbuehler" on Justia Law

Payton Small appealed from a judgment awarding Tess Hillestad primary residential responsibility of the parties’ minor child. The North Dakota Supreme Court concluded the district court’s decision awarding primary residential responsibility to Hillestad, setting a parenting time holiday schedule, and granting Hillestad tie-breaking authority was not clearly erroneous. View "Hillestad v. Small" on Justia Law

William Kirkpatrick appealed a district court judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges for one year for driving under the influence. Kirkpatrick argued the Department lacked authority to suspend his driving privileges because the arresting officer failed to forward the results of an analytical blood test report performed at the request of the officer to the Department. The North Dakota Supreme Court concurred: Kirkpatrick’s alcohol-related breath and blood test results needed to be provided to the Department, and without them the Department did not have authority to suspend Kirkpatrick’s driver’s license. The Court reversed the district court’s judgment affirming the Department’s decision suspending Kirkpatrick’s driving privileges for one year. View "Kirkpatrick v. NDDOT" on Justia Law

The Board of Trustees of the North Dakota Public Employees Retirement System petitioned the North Dakota Supreme Court seeking declaratory relief and a writ of injunction, challenging N.D.C.C. § 54-52-03 and section 41 of S.B. 2015 (2023), enacted by the 68th Legislative Assembly, both of which provided for the appointment of sitting legislators to the Board. The Board claimed the law placing legislators on the Board violated N.D. Const. art. IV, § 6; violated the separation of powers between branches of government and encroached on the powers of the executive branch in violation of articles IV, V and XI of the Constitution; violated the common-law rule against incompatibility of office; and violated the single subject rule of N.D. Const. art. IV, § 13. The Supreme Court concluded section 41 of S.B. 2015 violated article IV, § 13 of the North Dakota Constitution, and invalidated S.B. 2015. Because the constitutional “single subject” rule was dispositive, it was unnecessary to address the Board’s remaining claims. View "Bd. of Trustees of N.D. Public Employees Retirement System v. North Dakota" on Justia Law

Michael Johnson was convicted by jury of felonious restraint and domestic violence-bodily injury. On appeal, Johnson argued the evidence presented at trial was insufficient to support the jury’s verdict on the charge of felonious restraint. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Johnson" on Justia Law

Sidhassan Yaqub-Sharif Isac appealed an order denying his application for post-conviction relief. Isac was born in Somalia. He came to the United States when he was eight years old and has lived in country for roughly 20 years. He was not a United States citizen. In 2020, he was charged with possession of a controlled substance, possession of drug paraphernalia, and driving under suspension. He pleaded guilty and the district court sentenced him to 360 days imprisonment. He did not appeal. At the time of his plea he had roughly 25 other convictions, including drug and alcohol related crimes. United States Immigration and Customs Enforcement subsequently detained Isac pending proceedings to deport him to Somalia. Isac filed an application for post-conviction relief seeking to withdraw his guilty plea. He alleged Fourth Amendment violations based upon the length of the traffic stop leading to the charges. He later filed an amended petition asserting he received ineffective assistance of counsel because his attorney failed to advise him of the immigration consequences of a conviction. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Isac v. North Dakota" on Justia Law

Mark Rath appealed a district court order denying Kayla Jones’ petition for a disorderly conduct restraining order. Rath lacked standing to appeal the favorable order because he prevailed in the district court. Rath also raised unappealable issues concerning an interlocutory order and motions that he as a vexatious litigant did not have court authorization to file. None of the issues Rath raised were properly before the North Dakota Supreme Court, so the appeal was dismissed. View "Jones v. Rath" on Justia Law