Justia North Dakota Supreme Court Opinion Summaries

B.V. and L.T. are the parents of two children, B.V. and B.V. The children were removed from their home in February 2021 after being left unattended at a crime scene for 13 hours. B.V. was arrested for attempted murder and burglary, and L.T. could not be located. A temporary custody order was issued to the Mountain Lakes Human Service Zone. B.V. was later convicted and sentenced to 20 years in prison, with an estimated release date in January 2030. L.T. has not had contact with the Zone since the termination of parental rights petition was filed.The children were adjudicated as needing protection in October 2021, and a 12-month custody order was issued to the Zone. A permanency hearing in November 2022 extended the custody order by six months. The children were taken to Arizona by their maternal aunt in April 2023, but the placement was unsuccessful, and they returned to North Dakota in September 2023. L.T. sporadically attempted visitation but lost contact with the Zone in February 2024. B.V. had minimal contact with the Zone and did not engage in the services offered.The Juvenile Court of Rolette County terminated B.V. and L.T.'s parental rights on October 18, 2024. B.V. appealed, arguing that the Zone did not make active efforts to prevent the breakup of his Indian family as required by the Indian Child Welfare Act (ICWA) and that the State failed to prove beyond a reasonable doubt that continued custody by B.V. would likely result in serious harm to the children.The North Dakota Supreme Court affirmed the termination of B.V.'s parental rights. The court found that the Zone made active efforts to prevent the breakup of the family, including offering supervised visits and conducting relative searches. The court also found that continued custody by B.V. would likely result in serious emotional or physical damage to the children, supported by the testimony of a qualified expert witness. View "Interest of B.V." on Justia Law

Kristine Gail Walden and Shay Alan Walden were married in April 2016 and separated in June 2020. Kristine initiated divorce proceedings in September 2022. At the time of the trial in December 2023, Kristine was 54 and worked part-time, while Shay, 53, was self-employed. The district court heard testimony about their assets, debts, and the conduct leading to the breakdown of their marriage, including domestic violence by Shay that resulted in a permanent eye injury to Kristine. The court divided the marital property and debt, ordered Shay to pay spousal support of $1,000 per month for seven years, property payments totaling $43,587, and attorney’s fees of $8,350. Shay was also assigned a debt of $35,433.66 incurred after the divorce proceedings began.The district court awarded spousal support based on the Ruff-Fischer guidelines, considering the parties' ages, earning abilities, health, and financial circumstances. The court found Kristine had a monthly income of $2,400 and expenses of $6,400, while Shay had a gross monthly income of $12,500 and expenses of $5,017. The court concluded Kristine needed spousal support and Shay had the ability to pay without undue hardship. Shay’s argument that the court deviated from statutory limits for spousal support was dismissed as the applicable version of the statute was correctly applied.The court’s property and debt distribution was found to be equitable, considering the short-term nature of the marriage and the contributions of each party. Shay’s arguments against the distribution of the marital home’s equity and Kristine’s medical debt were rejected. The court’s decision to assign Shay the debt incurred after the divorce proceedings was also upheld.The North Dakota Supreme Court affirmed the district court’s judgment, concluding that the court did not clearly err in its findings and that the award of attorney’s fees was justified based on Shay’s actions that increased the costs of the proceedings. View "Walden v. Walden" on Justia Law

Michael Bullinger invested in Sundog Interactive, Inc. in 1998. In 2019, Sundog negotiated a sale to Perficient, Inc. Bullinger dissented to the sale and demanded fair value for his shares. Sundog estimated the value of Bullinger's shares at $646,106.09, but Bullinger demanded $1,164,102.50. Sundog did not pay the demanded amount, negotiate a different amount, or initiate court proceedings to determine the fair value. Bullinger sued for declaratory judgment and claimed the individual defendants breached their fiduciary duties.The District Court of Cass County dismissed Bullinger's claims with prejudice and awarded attorneys' fees to Sundog. Bullinger appealed, arguing the court erred in its interpretation of N.D.C.C. § 10-19.1-88(5) and (10), and in finding he was not entitled to damages for breach of fiduciary duties. The North Dakota Supreme Court previously remanded the case for further findings, but the district court again dismissed Bullinger's claims and awarded attorneys' fees to Sundog.The North Dakota Supreme Court reviewed the case and concluded the district court erred in finding Bullinger was not a dissenting shareholder and not entitled to payment equal to his demand. The court held that Bullinger complied with the statutory requirements and was entitled to payment of his demand since Sundog failed to act within the required sixty days. The court affirmed the district court's finding that there was no breach of fiduciary duties by the individual defendants. The case was remanded for reconsideration of the award of attorneys' fees and costs in light of the Supreme Court's decision. The North Dakota Supreme Court affirmed in part, reversed in part, and remanded the case. View "Bullinger v. Sundog Interactive, Inc." on Justia Law

Cory Almklov was charged with multiple offenses, including attempted murder, aggravated assault, burglary, and theft of property. His cases were joined for trial, and he was convicted and sentenced to twenty-five years for attempted murder, with other sentences running concurrently. His convictions were affirmed on appeal.Almklov filed a pro se application for postconviction relief, alleging ineffective assistance of counsel among other grounds. The State moved for summary disposition, arguing that there were no material facts in dispute and that Almklov's claims were barred by res judicata and misuse of process. The district court granted the State's motion, dismissing Almklov's application with prejudice, finding he failed to provide evidence supporting his claims of ineffective assistance.On appeal to the Supreme Court of North Dakota, Almklov argued that the district court erred in dismissing his application without an evidentiary hearing. He claimed his counsel was ineffective for failing to call two witnesses, object to the joinder of his cases, and file a motion to suppress his statements to law enforcement. The court noted that ineffective assistance claims are typically not suited for summary disposition without a hearing but affirmed the lower court's decision because Almklov did not provide any evidence to support his claims.The Supreme Court of North Dakota held that Almklov failed to meet his burden of proof for his ineffective assistance claims. He did not show what the uncalled witnesses would have testified, how the joinder of cases prejudiced him, or that a motion to suppress would have been successful. Consequently, the court affirmed the district court's summary dismissal of Almklov's postconviction relief application. View "Almklov v. State" on Justia Law

Bryan Carrier and Elizabeth Allmendinger were involved in a relationship that resulted in the birth of a child in 2017. In April 2018, the district court established Carrier’s child support obligation at $3,500 per month. Carrier had two more children after this judgment. In April 2023, the State of North Dakota filed a motion to amend the judgment to reduce Carrier’s child support obligation based on his income information, which Carrier supported. Allmendinger requested an evidentiary hearing and a continuance for discovery.The District Court of Burleigh County held multiple evidentiary hearings on the State’s motion. The State requested a reduction in child support to $1,200 per month from May 2023 and $1,168 per month from January 2024. Carrier agreed with the State’s calculations, while Allmendinger opposed the motion, proposing a higher amount. In May 2024, the district court denied the State’s motion, finding the information provided by the State and Carrier unreliable. However, the court allowed for a child support calculation reduced for multiple families based on the original 2018 financial information. Allmendinger submitted a proposed amended judgment, which the court adopted, setting Carrier’s obligation at $3,278 per month starting June 1, 2024.The Supreme Court of North Dakota reviewed the case. Carrier argued that the district court erred in dismissing the motion to modify child support, claiming the court wrongly found the information provided unreliable. The Supreme Court concluded that the district court’s findings were not clearly erroneous, as evidence supported the court’s determination that Carrier was evasive and untruthful about his financial information. The Supreme Court affirmed the district court’s decision, denying the motion to modify child support. Allmendinger’s request for attorney’s fees was denied, as the appeal was not deemed frivolous. View "State v. Carrier" on Justia Law

Brett Kingstone and Trisa Tedrow Kingstone were married in Florida in July 2020 and have one minor child, L.R.K., born in 2021, who has hemophilia, Fragile X syndrome, and developmental and speech delays. The couple separated in August 2022, and Brett initiated a divorce action in Florida and a child custody action in North Dakota in March 2023. The Florida court granted the divorce in August 2023, but did not address child-related issues. In December 2023, the North Dakota district court awarded Trisa primary residential responsibility for L.R.K. and set Brett's child support at $5,000 per month, including an upward deviation of $1,500.Brett Kingstone appealed, arguing the district court erred in several aspects, including reliance on expert testimony, calculation of his net income, the upward deviation of child support, and refusal to amend the judgment. The district court had denied Brett's motion to amend the judgment but clarified the exchange location for L.R.K. would be at the child's home unless mutually agreed otherwise.The North Dakota Supreme Court reviewed the case. It held that the district court did not abuse its discretion in relying on the expert witness to determine Brett's income, including income from irrevocable trusts and recurring capital gains. However, the Supreme Court found the district court's findings insufficient to support the upward deviation in child support under the guidelines and remanded for additional findings and redetermination. The Supreme Court also directed the district court to reconsider the amount of the life insurance policy based on the redetermined child support obligation. The court affirmed the district court's decision regarding the exchange provisions for L.R.K. and the requirement for Brett to maintain a life insurance policy for the child. View "Kingstone v. Kingstone" on Justia Law

In March 2020, Valence Natural Gas Solutions issued a request for proposal for the rental of natural gas generators. Gravity Oilfield Services submitted a price quotation in April 2020. After a pause in communication, discussions resumed in January 2021, and Gravity delivered the equipment to Valence in March 2021. From April 2021 to April 2022, Gravity sent monthly sales orders and invoices to Valence, which from September 2021 included a reference to terms and conditions on Gravity’s website. In April 2022, the equipment was damaged in a fire, and Gravity invoiced Valence for the replacement cost, which Valence did not pay.The District Court of McKenzie County initially denied Gravity’s first motion for summary judgment due to disputed material facts regarding contract formation and terms. However, upon Gravity’s renewed motion for summary judgment in March 2024, the district court granted the motion. The court concluded that the contract was formed in April 2022 and included Gravity’s terms and conditions by reference, making Valence liable for the damaged equipment and awarding attorney’s fees to Gravity.The Supreme Court of North Dakota reviewed the case and reversed the district court’s judgment. The Supreme Court found that genuine issues of material fact existed regarding when the contract was formed and whether Gravity’s terms and conditions were incorporated into the agreement. The court noted that the terms and conditions referenced in the April 2022 sales order and invoice were sent after the equipment was damaged, and there was a dispute over whether these terms were part of the original agreement. Consequently, the Supreme Court concluded that summary judgment was inappropriate and also reversed the award of attorney’s fees. View "Gravity Oilfield Services v. Valence Natural Gas Solutions" on Justia Law

In February 2024, Cailin Leann Gackle was arrested for driving under the influence of alcohol. At the police department, Officer Cullen Hall conducted two breath test sequences using the Intoxilyzer 8000. The first test sequence was invalidated due to a "Difference Too Great" between the two samples. Officer Hall began the second test sequence 18 minutes after the first test ended, instead of the required 20 minutes. Gackle's driving privileges were suspended for 365 days based on the results of the second test.Gackle requested an administrative hearing, arguing that the breath test was not fairly administered because Officer Hall did not comply with the 20-minute waiting period required by the approved method. The hearing officer overruled her objection, admitted the test records, and upheld the suspension. Gackle appealed to the District Court of Ward County, which affirmed the Department of Transportation's decision.The North Dakota Supreme Court reviewed the case and concluded that the Department failed to establish the fair administration of the breath test. The court determined that the approved method requires a 20-minute wait before beginning a new test sequence after an invalid test. Since Officer Hall only waited 18 minutes, the test was not administered in accordance with the approved method. The court held that without expert testimony to address the deviation, the test results could not be considered reliable. Consequently, the court reversed the lower court's decision and remanded the case to the Department for reinstatement of Gackle's driving privileges. View "Gackle v. NDDOT" on Justia Law

The case involves the distribution of trust assets following the death of the surviving trustor, G.I.C. The trust agreement initially provided for specific distributions of farmland to the trustors' five children. However, the land was sold to fund the trust before its termination, leading to a dispute over how the remaining liquidated assets should be distributed. Luke, one of the beneficiaries, argued that the assets should be distributed proportionately to the value of the specific land parcels each beneficiary would have received. The trustee, Bremer Trust, and Luke’s siblings contended that the assets should be distributed equally among the beneficiaries.The District Court of Sargent County, Southeast Judicial District, initially ordered an equal distribution of the liquidated assets among the five children. This decision was based on the interpretation that the trust agreement reflected an overall intent to treat the beneficiaries equally, despite the specific land distributions being impossible due to the sale of the land.The North Dakota Supreme Court reviewed the case and reversed the district court's decision. The Supreme Court held that the trust agreement's primary intent was to provide for the trustors' care and support during their lifetimes, with a secondary intent to distribute specific parcels of land to the children upon the trust's termination. The court found that the most consistent interpretation with the trustors' intent was to distribute the remaining trust assets proportionately to the value of the specific land distributions each beneficiary would have received. The case was remanded for redistribution of the trust assets in accordance with this interpretation. View "Guardianship and Conservatorship of G.I.C." on Justia Law

Coby Edwards was charged with class AA felony gross sexual imposition for allegedly engaging in a sexual act with a five-year-old child. The State intended to use statements made by the child during a recorded interview and a forensic medical examination, which were admitted under an exception to the hearsay rule. During the trial, various witnesses, including the child, testified. Edwards's counsel mentioned difficulties in communication due to Edwards's pretrial detention and failed to call an expert witness. The jury found Edwards guilty, and the conviction was affirmed on appeal.Edwards then filed for postconviction relief, claiming ineffective assistance of counsel. He argued that his counsel's references to the child as "the victim," failure to object to hearsay, and failure to call an expert witness constituted ineffective representation. The district court held an evidentiary hearing and denied the application, finding that the counsel's decisions were strategic and that Edwards did not demonstrate how an expert witness would have changed the outcome. The court also found that the references to the child as a victim were deficient but did not prejudice the trial's outcome.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The court held that Edwards failed to show a reasonable probability that the trial outcome would have been different without the alleged deficiencies in his counsel's performance. The court noted that the evidence against Edwards, including the child's testimony and statements, was substantial and that the counsel's errors did not undermine confidence in the trial's outcome. View "Edwards v. State" on Justia Law