Justia North Dakota Supreme Court Opinion Summaries

On April 25, 2023, Discover Bank served a summons and complaint on the defendant alleging past due debt on a credit card. The defendant did not answer or otherwise appear. On May 25, 2023, Discover filed the summons and complaint, sheriff’s return of service, “affidavit of no answer,” and other documents supporting its motion for default judgment. In response, the district court filed a “Notice,” requiring Discover to serve a “Notice of Filing” of the complaint on the defendant and allow him 14 days from the date of the filing of the “Notice of Filing” to respond to the motion for default judgment. Discover then petitioned the North Dakota Supreme Court for a supervisory writ directing the court to vacate its order. The Supreme Court exercised its supervisory jurisdiction, granted the petition, and directed the court to vacate its order. View "Discover Bank v. Romanick, et al." on Justia Law

Mercy Medical Center d/b/a CHI St. Alexius Health Williston; and David Keene, M.D. (Defendants), appealed an amended judgment awarding Michael and Kimberly Davis $1,660,000 in damages and $204,973.31 in costs and disbursements for medical malpractice relating to Michael’s kidney failure. The North Dakota Supreme Court determined the trial court awarded disbursements not authorized by N.D.C.C. § 28-26-06 and allowed other costs without explanation. The Court reversed the Davises’ award of disbursements and costs and remanded for further proceedings. View "Davis, et al. v. Mercy Medical Center, et al." on Justia Law

Arthur Kollie was convicted by jury of murder, robbery, and aggravated assault. In June 2021, Jane Doe was walking from her father’s home to her mother’s home in south Fargo when she was attacked in an alley. A truck driver driving through the alley saw Doe lying on the ground, unconscious, with Kollie beside her with one hand on her throat and the other hand pinching her nose. Both Doe and Kollie were covered in bloodstains. The truck driver called 911 and approached Kollie. After the truck driver told Kollie that he “need[ed] to wait for the cops,” Kollie “took off,” fleeing the scene. The medical examiner testified that Doe was stabbed 25 times then strangled. She died three days later. The autopsy report listed the cause of death as asphyxia by strangulation, complicated by multiple sharp force injuries. Kollie argued his constitutional rights to a public trial were violated when the district court held several bench conferences within view of the public, but outside the hearing of the public and without an adequate record being made available. In addition, Kollie argued the district court erred in instructing the jury on the murder count. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Kollie" on Justia Law

The State appeals from a district court’s judgment granting post-conviction relief to Cassandra Black Elk. The State argues the court erred by relying on hearsay testimony and in finding defense counsel’s conduct fell below an objective standard of reasonableness when counsel advised Black Elk she could deal with the not yet disclosed results of an autopsy after her guilty plea had been entered and accepted. The court also determined Black Elk would not have pled guilty but for this improper advice from counsel. The North Dakota Supreme Court found the State failed to object and assert Black Elk’s testimony regarding the statements of her counsel were hearsay and it declined to review the issue on appeal. The district court’s finding of ineffective assistance of counsel met the factual and legal requirements under Strickland. The court’s judgment granting post-conviction relief and vacating Black Elk’s conviction was affirmed. View "Black Elk v. North Dakota" on Justia Law

Ronald Wootan appealed a district court’s order granting summary judgment in favor of the State. Wootan was initially charged with murder, attempted murder, terrorizing, reckless endangerment, and preventing arrest or discharge of other duties. As part of a plea agreement, the State moved to amend the murder charge to manslaughter. Wootan applied for post-conviction relief, asserting he was entitled to withdraw his guilty plea due to ineffective assistance of counsel. The State moved for summary judgment. At the scheduled evidentiary hearing the district court determined the motion for summary judgment was untimely. The court exercised its discretion to allow the motion and provided Wootan the appropriate time to respond. Wootan responded to the motion and the court issued an order dismissing Wootan’s post-conviction application finding Wootan had failed to identify a material fact at issue. The North Dakota Supreme Court determined Wootan clearly asserted that, but for counsel’s misinformation about his sentences running concurrently, he would not have entered a guilty plea and instead would have insisted on going to trial. While Wootan did not provide an affidavit after the State moved for summary judgment, Wootan’s verified application for post-conviction relief could be treated as an affidavit to provide evidence to resist summary judgment. The Supreme Court concluded the district court did not err in granting summary judgment on Wootan’s claim asserting his attorney provided ineffective assistance of counsel by failing to reduce the terms of the plea agreement to writing. However, the district court erred in granting summary judgment on Wootan’s claim asserting his attorney provided ineffective assistance of counsel by stating Wootan’s sentences would run concurrently, because Wootan raised a genuine issue as to a material fact. The case was therefore remanded for the district court to hold an evidentiary hearing. View "Wootan v. North Dakota" on Justia Law

Terry Carter and Brenda Ciccone appealed a district court judgment in the informal probate of Allan Froemke’s will. Reginald Froemke, the personal representative of Allan Froemke’s Estate, Terry Carter, and Brenda Ciccone were Allan Froemke’s children. Reginald moved the district court to determine heirs, compute the distribution of the Estate’s shares, determine debts owed by heirs to the Estate, allow the personal representative to sell property, and approve the personal representative’s inventory. The court held an evidentiary hearing and issued findings, an order for judgment, and a judgment. Carter and Ciccone argued the district court lacked jurisdiction over a contract for deed involving Carter. They further argued the court erred in: (1) finding Ciccone owed five thousand dollars to Allan Froemke’s Estate; (2) its evidentiary rulings; (3) failing to address several pending issues; and (4) finding against partitioning property. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "Estate of Froemke" on Justia Law

Jason Sayler appealed an amended judgment entered after a bench trial on the issue of parental responsibility. He argued the district court’s award of primary residential responsibility to Mari Sayler in Minnesota was procedurally improper because: (1) she did not make a motion to relocate the children to Minnesota; (2) the court erred by failing to apply the Stout-Hawkinson factors; and (3) the court erred by considering circumstances created by the interim order. He further argued the court’s findings on the best interest factors and decision-making authority were clearly erroneous. Finally, he argued the court abused its discretion by awarding attorney’s fees. Finding only that the district court did not make sufficient findings to support its award of attorney’s fees, the North Dakota Supreme Court reversed the court’s award of attorney’s fees and remanded for the court to make further findings on its award of attorney’s fees. The Supreme Court affirmed the parts of the amended judgment awarding primary responsibility and decision-making authority. View "Sayler v. Sayler" on Justia Law

Jered Petersen appealed a criminal judgment entered on a conditional plea of guilty to actual physical control of a vehicle while under the influence of alcohol, reserving the right to appeal the order denying his motion to suppress evidence. He argued law enforcement unlawfully trespassed into his vehicle, violating his right to be free from unreasonable searches and seizures. After review, the North Dakota Supreme Court reversed, concluding law enforcement unlawfully searched Petersen’s vehicle, and remanded for further proceedings. View "North Dakota v. Petersen" on Justia Law

S.L.S., biological mother of D.M.H., appeals from an order reappointing J.H.T. and L.H.T. as D.M.H’s guardians and adopting a prior visitation schedule as the current visitation schedule. The North Dakota Supreme Court affirmed: S.L.S. did not cite any statute or case requiring that a visitation schedule be updated or changed at a specific time. "Nor has she cited us to any law prohibiting a juvenile court from adopting a prior visitation schedule. Absent such a law and absent any argument a different visitation schedule would be beneficial to D.M.H., the court did not err by adopting the prior visitation schedule." View "Interest of D.M.H." on Justia Law

Robert Goff appealed an order denying his request for costs and attorney’s fees relating to the Department of Transportation’s suspension of Goff’s driving privileges. In December 2021, Fargo police officers arrested Goff in an apartment parking lot for being in actual physical control of a vehicle while under the influence of intoxicating liquor. A driveway used to access the parking lot included a sign reading “private property, private drive.” Goff requested an administrative hearing, arguing an ordinance, Fargo Municipal Code § 8-1011, limited the public’s right to access property marked as private without written permission from the owner. The owner of the property, John Goff, testified the parking lot was for tenant parking only. John Goff testified that deliverers and visitors are prohibited from going past the sign to access the parking lot. The hearing officer concluded the ordinance prohibited the public from parking in the private parking lot, but did not limit the public’s right to access the lot. The hearing officer found the public had a right of access to the private lot for vehicular use. The Department suspended Goff’s driving privileges for 91 days, and the district court affirmed. The North Dakota Supreme Court reversed, concluding the hearing officer misinterpreted the ordinance. The case was then remanded for a determination of whether the Department acted without substantial justification requiring an award of costs and attorney’s fees to Goff under N.D.C.C. § 28-32-50(1). On remand, Goff argued he was entitled to costs and attorney’s fees because the Department’s action against him was not substantially justified. Goff claimed a reasonable person would not believe the public had a right to access the private parking lot in light of signage on the property and Fargo Municipal Code § 8-1011. The district court decided the Department acted with substantial justification, and denied Goff ’s request for costs and attorney’s fees. To this, the Supreme Court disagreed, finding the district court abused its discretion in deciding the Department’s proceeding against Goff was substantially justified. The case was remanded for a determination of Goff's reasonable attorney's fees. View "Goff v. NDDOT" on Justia Law