Justia North Dakota Supreme Court Opinion Summaries

The State appealed from a district court order granting a motion to suppress evidence in a case against Shawnee Krall. The State charged Krall with murder and gross sexual imposition. Krall entered a plea of not guilty. The North Dakota Supreme Court concluded the district court’s findings were supported by sufficient competent evidence. The Court also concluded the inventory-search exception and the inevitable-discovery doctrine did not apply to provide an exception to the exclusionary rule. The Court therefore held the district court did not err in granting Krall’s motion to suppress. View "North Dakota v. Krall" on Justia Law

In 2017, Michael Tharaldson died and a probate action was opened to administer his estate. Tharaldson was unmarried and had three children, including E.M. The district court found he died intestate. In 2019, Bell Bank filed this action petitioning for a determination of trust beneficiaries and approval of asset distribution. Bell Bank claimed the sole beneficiary was Michael Tharaldson’s brother, Matthew Tharaldson. E.M. objected to the petition. E.M. appeals the ultimate order finding Matthew Tharaldson was the sole beneficiary of the Michael J. Tharaldson Irrevocable Trust Agreement II (“Trust II”) and was entitled to the trust assets. E.M. argues he was a beneficiary under the Michael J. Tharaldson Irrevocable Trust Agreement (“Trust I”), Trust I was unlawfully merged with Trust II, the trustee engaged in illegal trust decanting, and he was entitled to attorney’s fees. The North Dakota Supreme Court affirmed, concluding Matthew Tharaldson was the sole beneficiary under the plain language of either trust, and E.M. was not entitled to an award of attorney’s fees. View "Matter of Michael J. Tharaldson Trust" on Justia Law

Chad Quamme appealed an amended judgment setting his child support obligation and ordering him to pay spousal support to Ashley Quamme. After review, the North Dakota Supreme Court concluded the district court failed to properly calculate Chad's child support obligation and the evidence in the record did not support the court’s spousal support decision. Judgment was reversed and the case remanded for further proceedings. View "Quamme v. Quamme" on Justia Law

Alonna Knorr, formerly known as Alonna Knorr Norberg, appealed a money judgment entered in favor of Jon Norberg for Knorr’s share of unpaid expenses assigned to her under the divorce judgment. Knorr argued the district court erred by denying her motion to dismiss or vacate the order granting Norberg’s motion to amend the judgment because the parties had a global settlement agreement that resolved the issues in this case. In Knorr v. Norberg, 2022 ND 139, 977 N.W.2d 711, the North Dakota Supreme Court retained jurisdiction and remanded for the district court to consider the settlement agreement and for an explanation of the basis for its decision. View "Norberg v. Norberg, et al." on Justia Law

Defendants Eagle Crest Apartments, LLC, et al. appealed a judgment awarding UMB Bank N.A. more than $21 million in an action for breach of contract, foreclosure, fraudulent transfers, and deceit. The Defendants raised a number of issues on appeal. The North Dakota limited review to the issues raised in defendants' motion for a new trial, and concluded the district court did not err when it entered a deficiency judgment and pierced the Defendants’ corporate veils. View "UMB Bank N.A. v. Eagle Crest Apartments, et al." on Justia Law

De’Jonte Smith was convicted by jury of reckless endangerment and tampering with physical evidence. The North Dakota Supreme Court affirmed the conviction for reckless endangerment, concluding the district court did not err by failing to include a self-defense jury instruction. The Court reversed the felony conviction for tampering with physical evidence, concluding the omission of an essential element of the tampering charge was an obvious error and there was insufficient evidence that Smith substantially obstructed, impaired, or perverted prosecution for a felony. The case was remanded for the district court to enter a judgment of acquittal on the charge of tampering with physical evidence. View "North Dakota v. Smith" on Justia Law

Issac Vassel appealed a district court’s divorce judgment and calculation of child support entered following a bench trial. Issac Vassel and Felice Vassel were in a relationship in 2009 and married in 2015. The parties had three minor children together, born in 2010, 2012, and 2016. Felice attempted to file an action for divorce in or around September 2020. The summons and complaint were returned undeliverable. Felice filed a summons and complaint in North Dakota on October 15, 2020. Issac answered and filed a counterclaim on March 15, 2021. A bench trial was held on March 1, 2022. The parties testified at trial. Issac contended the district court erred by awarding Felice back child support because the award was not supported by the record. Finding no reversible error, the North Dakota Supreme Court affirmed the award. View "Vassel v. Vassel" on Justia Law

T.K. (mother) appealed an order denying her petition to terminate D.D.G.’s, parental rights to the children J.J.G., M.K.G., and O.J.G and from an order denying her motion for a new trial. T.K. and D.D.G., the father, had three children together: J.J.G. born in 2008; M.K.G. born in 2009; and O.J.G. born in 2014. In September 2021, the mother petitioned to terminate the father’s parental rights, alleging the father abandoned the children. She alleged the father has a history of drug use, he abused her in front of the children, he has not seen or communicated with the two younger children for three years, he had one visit with the oldest child in 2019 and another visit in 2020, and he has not provided any financial support for the children. An evidentiary hearing was held; and the mother, father, and other relatives testified. The district court denied the mother’s petition, concluding there was not clear and convincing evidence the father abandoned the children. The mother moved for a new trial under N.D.R.Civ.P. 59. T.K. argued the district court erred by failing to terminate D.D.G.’s parental rights, there was clear and convincing evidence he abandoned the children, and the court erred by denying her motion for a new trial. The North Dakota Supreme Court concluded the district court’s findings were not clearly erroneous and the court did not abuse its discretion by denying the motion for a new trial. View "Interest of J.J.G., M.K.G. & O.J.G." on Justia Law

N.L., Sr. appeals from the juvenile court’s order terminating his parental rights. A.H. and N.L., Sr. were the biological mother and father of N.L., Jr., born in 2015 and J.L., born in 2018. In August 2020, N.L. and J.L. were removed from their home after law enforcement performed a welfare check. N.L., Sr. argues the court lacked subject matter jurisdiction to terminate his parental rights, the Grand Forks County Human Service Zone (GFCHSZ) lacked standing, and the court erred in finding GFCHSZ met the requirements for termination of parental rights under the federal Indian Child Welfare Act (ICWA) and N.D.C.C. § 27-20.3-19. Finding no reversible error, the North Dakota Supreme Court affirmed the termination. View "Interest of N.L." on Justia Law

Mohammed Yousif was convicted by jury of aggravated assault. Yousif argued on appeal that the district court erred by excluding a witness’s recorded statement. Finding no reversible error, the North Dakota Supreme Court affirmed his conviction. View "North Dakota v. Yousif" on Justia Law