Justia North Dakota Supreme Court Opinion Summaries

Mary Orwig appealed a district court order finding her in contempt and imposing remedial sanctions. She challenged whether the parties’ divorce judgment was an order from which non-compliance could result in a finding of contempt, the evidence supporting a finding of contempt, and the sanction as an improper punitive sanction. Steven Orwig cross-appealed the court’s Order Following Remand awarding Mary her attorney’s fees in the divorce. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Orwig v. Orwig" on Justia Law

Viviana Lovett appealed an order denying her motion to modify primary residential responsibility for the children she had with Antonio Lovett. Viviana argued the district court erred by finding she failed to establish a prima facie case for modification because the divorce judgment stated the parties would revisit the parenting plan if either parent intends to move and Antonio moved to relocate the children. The North Dakota Supreme Court did not reach the merits of Viviana's argument because it concluded the issue on appeal was now moot. Therefore, the appeal was dismissed. View "Lovett v. Lovett, et al." on Justia Law

The State charged Sheldon Davis with murder, endangering by fire or explosion, and arson after a body was discovered in his apartment following a fire. He was convicted intentional or knowing murder, endangering by fire, and arson. Davis argued on appeal that his Sixth Amendment right to confrontation was violated when the district court admitted testimonial hearsay statements made by the victim under the theory of forfeiture by wrongdoing. Davis also argued the court erred by ordering him to pay restitution without holding a restitution hearing. The North Dakota Supreme Court affirmed the original judgment of conviction, reversed the amended criminal judgment, and remanded for a restitution hearing. View "North Dakota v. Davis" on Justia Law

This case involved three appeals after two limited remands by the North Dakota Supreme Court for additional proceedings at the district court. Kevin Johnson appealed several district court orders, a second amended judgment, and a third amended judgment. All proceedings arose from Johnson's divorce from Julie Lessard. The Supreme Court concluded Johnson’s issue, contending the district court had granted a divorce only to Lessard and thereby exceeded its authority, was frivolous and awarded Lessard $750 in attorney’s fees under N.D.R.App.P. 38. The Court further concluded the district court did not err in holding Johnson failed to establish a prima facie case requiring an evidentiary hearing to modify residential responsibility, the court did not err in granting Lessard’s motions for a protective order and for sanctions, and its decision allowing Lessard to relocate out of state with the minor children was not clearly erroneous. View "Lessard v. Johnson" on Justia Law

Grinnell Mutual Reinsurance Company appealed a district court judgment ordering it to pay Larry Pavlicek $214,045.55 under a commercial general liability insurance (CGL) policy Grinnell had with JRC Construction. Grinnell argued the district court misinterpreted the insurance policy, and that it was not required to indemnify JRC Construction because its work product was defective. In 2013, Pavlicek hired a contractor to construct a steel building on his property. JRC Construction installed the concrete floor and floor drain for the project. Another subcontractor installed the in-floor heating system for the concrete floor. After JRC completed the floor drain, it failed to properly install the concrete floor, and its attempts to repair the concrete damaged the drain. Pavlicek sued JRC for breach of contract relating to the defective work. In February 2020, Pavlicek filed a supplemental complaint against Grinnell, alleging it was required to satisfy the judgment as JRC’s insurer. Grinnell claimed it had no obligation to indemnify JRC under the CGL policy. The district court concluded JRC’s defective work on the concrete floor was not covered under the CGL policy, but damage to the floor drain was covered. Because removal and replacement of the floor and in-floor heat were necessary to repair the drain the court concluded the CGL policy covered all of those costs. The North Dakota Supreme Court found that although the CGL policy provided coverage to repair the floor drain, it did not cover the cost of replacing the concrete floor because that damage was the result of JRC’s defective work. The district court erred in finding the CGL policy covered the entire concrete floor replacement because replacement of the floor was the only way to repair the floor drain. Further, the Supreme Court found the district court erred in concluding the CGL policy provided coverage for replacement or repair of the in-floor heating system beyond that which may be necessary to repair the drain. View "Pavlicek v. American Steel Systems, Inc., et al." on Justia Law

Cori Willard appealed after she conditionally pleaded guilty to five drug-related offenses. She argued the district court erred in denying her motion to suppress because the arresting officer had no legal basis to stop her and the officer’s mistake of law was not objectively reasonable. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Willard" on Justia Law

Robyn Krile appealed a judgment dismissing her defamation claims against Julie Lawyer. In 2017, Assistant State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer’s destruction of evidence. During Lawyer’s investigation, she reviewed the file of Sergeant Robyn Krile and concluded Krile had made false statements as a Bismarck police officer. Lawyer sent a letter (“Giglio letter”) to Bismarck Police Chief Dan Donlin summarizing her investigation into Krile’s file and stating her belief that Krile had made false statements as a Bismarck police officer. Lawyer informed Chief Donlin that such information would have to be disclosed to the defense in cases in which Krile was involved pursuant to Giglio and, as a result, the Burleigh County State’s Attorney’s Office would no longer use Krile as a witness in its cases. The Bismarck Police Department terminated Krile’s employment because the Burleigh County State’s Attorney’s Office was no longer willing to use Krile as a witness. Krile filed a complaint with the Department of Labor and Human Rights claiming the Bismarck Police Department discriminated against her based on race and sex. As part of the Department of Labor’s investigation, the Bismarck Police Department submitted two affidavits of Lawyer in which she explained the circumstances and her reasoning for issuing the Giglio letter. The Department of Labor concluded the Bismarck Police Department did not unlawfully discriminate against Krile. In March 2019, Krile sued Lawyer in her official and individual capacity for defamation. The complaint alleged Lawyer defamed Krile by publishing the Giglio letter to the Bismarck Police Department, specifically Chief Donlin, and by publishing her affidavits to the Department of Labor in the course of its investigation. The complaint also alleged Lawyer defamed Krile by publishing the Giglio letter to the Peace Officer Standards and Training (POST) Board and by publishing the Giglio letter and related information to Krile’s prospective employers. Appealing the district court's judgment, Krile argued the district court erred by failing to consider all of the materials the parties submitted and thereby treat the motion to dismiss as a motion for summary judgment. She also argued the court erred in dismissing her defamation claims. The North Dakota Supreme Court affirmed, concluding Krile failed to plead a valid claim for defamation. View "Krile v. Lawyer" on Justia Law

Kendra Christiansen appealed a district court judgment affirming the Department of Transportation’s decision to suspend her license for 91 days. Christiansen was arrested for driving under the influence of alcohol. The arresting officer issued her the report and notice form. The Department received its copy of the report postmarked April 5, 2021, nine days after Christiansen’s arrest. At the administrative hearing, Christiansen argued the case should have been dismissed because the report was not forwarded to the Department within five days of Christiansen’s arrest as required by N.D.C.C. 39-20-03.1(4). The hearing officer determined the five-day requirement was not a basic and mandatory requirement and Christiansen failed to show resulting prejudice. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Christiansen v. NDDOT" on Justia Law

Karley Anderson appealed an order denying her motion to modify residential responsibility, and appealed a contempt order awarding attorney’s fees to Seth Pedie. Anderson argued the district court erred by concluding she failed to establish a prima facie case for modification entitling her to an evidentiary hearing, and awarding attorney’s fees in excess of the amount requested. Pedie requested sanctions against Anderson for violating the North Dakota Rules of Appellate Procedure. After review, the North Dakota Supreme Court affirmed the order denying Anderson’s motion to modify residential responsibility and the contempt order awarding attorney’s fees, and denied sanctions on appeal. View "Anderson v. Pedie, et al." on Justia Law

Robert Bolinske Sr. was convicted by jury of harassment. In October 2019, Robert Bolinske Jr. reported several threatening voicemails left on his office answering machine by Bolinske Sr. A Sheriff’s Deputy, who was working with Bolinske Sr. on a separate investigation, reviewed the voicemails. The deputy called Bolinske Sr. and asked him to come to the Sheriff’s Department. Bolinske Sr. refused. On Friday, the deputy again called Bolinske Sr. and asked him to come to the department. Bolinske Sr. said he was busy working but would come in the next week. Instead of waiting, the deputy said he would come to the place Bolinske Sr. was working to have him sign paperwork pertaining to the separate investigation. The deputy went to where Bolinske Sr. was working, asked Bolinske Sr. to sign the paperwork, and arrested him for terrorizing and harassment based on the voicemails left at Bolinske Jr.’s office. After the arrest, Bolinske Sr. asked to speak to a lawyer and to be taken directly to the Burleigh County Courthouse to see a judge and have bail assessed. The deputy instead transported Bolinske Sr. to the Burleigh Morton Detention Center. By the time Bolinske Sr. was booked into the detention center, it was Friday evening and the courthouse was closed. Bolinske Sr. remained in jail over the weekend and made his initial appearance the following Monday afternoon. The complaint against Bolinske Sr. was signed by the district court the same day. On appeal to the North Dakota Supreme Court, Bolinske Sr. argued the district court erred in denying his motion to dismiss based on a delayed probable cause determination and outrageous government conduct. Bolinske Sr. also argued the district court erred in declining to give his proposed jury instructions and receive his trial exhibits. The Supreme Court affirmed that part relating to jury instructions and exhibits, and remanded in part for further proceedings. View "North Dakota v. Bolinske, Sr." on Justia Law