Justia North Dakota Supreme Court Opinion Summaries

Drew Noble was convicted by jury on multiple counts. On appeal to the North Dakota Supreme Court, Noble limited his issue to counts 12, 13, 14, and 15 in case no. 53-2021-CR01142, arguing there was insufficient evidence to sustain the convictions on “Promoting or Directing an Obscene Sexual Performance by a Minor.” The State conceded there was insufficient evidence on an element for these four “producing” counts. Accordingly, the Supreme Court reversed and vacated the convictions on counts 12, 13, 14, and 15 in case no. 53-2021-CR-01142. The convictions on the remaining counts in case nos. 53-2021-CR-01142 and 53-2022-CR-00217 were affirmed. View "North Dakota v. Noble" on Justia Law

Mary Orwig appealed after a district court entered a corrected summary real estate disposition judgment, an order on plaintiff’s attorney’s fees, an order denying her motion for contempt, and an order granting Steven Orwig’s motion on redistribution of property. Steven Orwig cross-appealed the order on redistribution of property and an order denying his motion to reconsider. After careful consideration, the North Dakota Supreme Court affirmed the corrected summary real estate disposition judgment, order on plaintiff’s attorney’s fees, and order denying the motion for contempt. The Court also affirmed the order on redistribution of property and the order denying the motion to reconsider. View "Orwig v. Orwig" on Justia Law

Susan Coons appealed a criminal judgment finding her guilty of forgery. During jury selection, the district court informed the jury panel that the potential jurors had the option to speak with the court “in private” in a separate room if they had information to share that might be embarrassing or intrusive. After general questioning of the panel, the court, Coons, the attorneys for both Coons and the State, and an officer met in a private room and conducted individual questioning of three prospective jurors on the record. Coons argued on appeal that this procedure for individual questioning constituted a trial closure and violated her right to public trial. The North Dakota Supreme Court concluded the district court’s findings were sufficient to show an overriding interest but that the court’s limited consideration of the scope of closure and failure to consider alternatives to closure were erroneous. "Although the court identified one interest that may support closure, it did not narrowly tailor to that interest." The Court concluded this error was obvious error and the judgment was reversed. View "North Dakota v. Coons" on Justia Law

Corey Gardner was convicted by jury of child abuse. On appeal, she argued improper jury instructions resulted in obvious error. She also argued insufficient evidence supports the conviction. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment. View "North Dakota v. Gardner" on Justia Law

Gabriel Asumeng appealed a judgment dividing the marital estate and awarding Vivian Asiama primary residential responsibility of the parties’ children. The North Dakota Supreme Court concluded the district court did not clearly err by awarding Asiama primary residential responsibility; however, the court erred in its distribution of the marital estate. View "Asiama v. Asumeng, et al." on Justia Law

Evan Lonechild was charged with escape after being placed in the Lake Region Residential Reentry Center (“Reentry Center”) following a probation violation and subsequently failing to return to the facility while exercising work release privileges. Appealing the escape conviction, Lonechild argued he was not in “official detention” as defined by N.D.C.C. § 12.1-08-06(3)(b) because he was on probation when he left the Reentry Center. The North Dakota Supreme Court found no reversible error and affirmed Lonechild’s conviction. View "North Dakota v. Lonechild" on Justia Law

Andrew Glasser appealed a district court’s denial of his application for post-conviction relief. Glasser pled guilty to child abuse, tampering with evidence and possession of child sexual abuse materials. Glasser filed several character reference letters for the district court to consider at sentencing. Unknown at the time, three of the letters were forged. Glasser was also charged with and ultimately pled guilty to three counts of class A misdemeanor forgery for submission of the letters. On appeal, Glasser argued he received ineffective assistance of counsel because his attorney failed to appeal his convictions and gave him incorrect advice regarding his guilty pleas and sentencing. He also argued he received an illegal sentence. The North Dakota Supreme Court affirmed, concluding Glasser did not receive an illegal sentence or ineffective assistance of counsel. View "Glasser v. North Dakota" on Justia Law

Bejan Etemad was convicted by jury of terrorizing. He applied for post-conviction relief, arguing there were errors in the jury selection process that constituted a reversible error. Etemad’s application was summarily dismissed by the district court, finding Etemad’s application was a “meritless, misuse of process and untimely.” To the North Dakota Supreme Court, Etemad argued the district court erred in summarily dismissing his application for relief because he wasn’t afforded notice and an opportunity to support his application. Finding no reversible error, the Supreme Court affirmed the district court’s dmissal. View "Etemad v. North Dakota" on Justia Law

Jason O’Neal pled guilty to attempted murder and was sentenced to fifteen years incarcerated. He applied for post-conviction relief based on newly discovered evidence and ineffective assistance of counsel. The district court denied the petition, and O’Neal appealed, arguing the district court abused its discretion by denying his application, and he was entitled to withdraw his guilty plea and receive newly appointed counsel for a new trial. Finding no abuse of discretion or any other reversible error, the North Dakota Supreme Court affirmed the district court’s denial. View "O'Neal v. North Dakota" on Justia Law

Blue Steel owned an unleased oil and gas interest in the Clarks Creek-Bakken Pool, McKenzie County, North Dakota. In 2012, the Commission pooled all pertinent oil and gas interests in the Clarks Creek-Bakken formation for the development and operation of a spacing unit. That unit—The Jore Federal Spacing Unit—had the capacity for 24 wells. White Butte Oil Operations, LLC operated ten wells that were completed in the spacing unit. White Butte was a company affiliated with Slawson Exploration Company, Inc., and which operated oil wells on the Fort Berthold Indian Reservation. In August 2019, Slawson sent Blue Steel a proposal to participate in four wells, but Blue Steel did not return an election to participate. In October 2019, Slawson sent Blue Steel a proposal to participate in two wells. Blue Steel did not return an election to participate or accept the opportunity to lease. Nor did the record show Reeves Dalton, the co-founder of Blue Steel, or any other person acting on behalf of Blue Steel, contacted Slawson about the invitations. Slawson began the risk penalty process for the six wells. In August 2021, Blue Steel applied to the Commission for an order finding Blue Steel was not subject to a risk penalty because Slawson failed to make a proper invitation to participate and a good-faith attempt to lease. In December 2021, the Commission held a hearing on the application. In February 2022, the Commission issued an order denying Blue Steel’s application, finding Slawson met the good-faith attempt to lease requirement. In March 2022, Blue Steel appealed to the district court, which affirmed the Commission’s decision. On appeal, Blue Steel argued the Commission erred when it concluded Slawson could impose a risk penalty on Blue Steel. In particular, Blue Steel claimed the Commission erred by finding Slawson made a good-faith attempt to obtain Blue Steel’s interest without first providing a proposed lease “containing a primary term, a per-acre bonus, a royalty rate, and other clauses.” After review, the North Dakota Supreme Court affirmed the Commission’s order finding Slawson made a good-faith invitation to lease or participate, and concluding Blue Steel was subject to a risk penalty. View "Blue Steel Oil and Gas v. NDIC, et al." on Justia Law