Justia North Dakota Supreme Court Opinion Summaries

Michael and Mindy Zepeda appealed a district court judgment dismissing their claims for failure to prosecute and the denial of their post-judgment request to alter or amend the judgment. On November 25, 2013, Michael and Mindy Zepeda commenced a personal injury action against Adam and Mason Cool by service of summons and complaint. The personal injury action arose from a December 2011 assault by the Cools on Michael Zepeda resulting in Michael Zepeda sustaining injuries. Over six years later, on January 7, 2020, the Zepedas filed the summons and complaint. On July 17, 2020, the Zepedas filed a motion for reconsideration arguing the district court erred in dismissing the action because they appropriately pursued their claim under the circumstances. The court denied the motion as lacking merit after determining the request for relief under N.D.R.Civ.P. 59(j) was untimely and there was no other sufficient basis to warrant reconsideration. The North Dakota Supreme Court affirmed the judgment, concluding the court did not abuse its discretion in dismissing the Zepedas’ claims for failure to prosecute. View "Zepeda, et al. v. Cool, et al." on Justia Law

In July 2018, Leanne Hoff Bilger sued Joshua Bilger for legal separation. Bilger executed an admission of service, acknowledging he received the summons and complaint, settlement agreement and an exhibit relating to division of property and debts. The parties executed the settlement agreement which stated Bilger was a member of the armed forces. The district court issued an order for judgment, and the clerk of court entered a judgment granting the parties a legal separation. Joshua appealed a district court order denying his motion to dismiss and vacate the judgment for legal separation, arguing the court erred in finding the Servicemembers Civil Relief Act did not apply. The North Dakota Supreme Court concluded the Act applied; however, Bilger failed to invoke the protections of the Act. View "Bilger v. Bilger" on Justia Law

Tim Dwyer Jr. appeals an amended judgment deciding his claims against Margaret Sell and John Dwyer as co-trustees of the Tim Dwyer Farm Trust. The co-trustees and Jane Dwyer Morgan and Barbara Dwyer Rice, as beneficiaries of the Trust, cross-appealed the amended judgment. The district court concluded the co-trustees had broad discretion to sell Trust property, any sale of Trust property had to be under a contract for deed with no option for prepayment and a reservation of a right to access Trust property for hunting was prohibited. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Dwyer v. Sell, et al." on Justia Law

Lorne Jay appealed a district court judgment ordering Jay pay Lawrence Lavallie $946,421.76. Lavallie commenced this personal injury action after he was involved in a motor vehicle accident with Jay and Michael Charette. In Lavallie v. Jay, 945 N.W.2d 288, the North Dakota Surpeme Court retained its jurisdiction while remanding the case back to the district court for further determination on subject matter jurisdiction. Relying on the findings of the district court, the Supreme Court reversed and remanded with directions to vacate the judgment and to dismiss the case for lack of subject matter jurisdiction. View "Lavallie v. Jay, et al." on Justia Law

The State appealed a district court order granting Elizabeth Cochran’s motion to suppress evidence. The State argued the court erred in finding that a room used by Cochran, in a residence she shared with her son, was not a common area within the scope of a warrantless probationary search of the residence. The State also argued Cochran forfeited the opportunity to seek suppression of evidence obtained from the room by failing to object at the time of the search. Furthermore, the State argued the Court misapplied the law by requiring the State to establish the reason for the underlying probationary search. After review, the North Dakota Supreme Court affirmed the court’s order suppressing the evidence discovered during the search of the room. View "North Dakota v. Cochran" on Justia Law

Michael Stands was convicted by jury of possession with intent to manufacture or distribute methamphetamine. Stands argued on appeal he was seized in violation of the Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution, his hotel room was entered in violation of the Fourth Amendment, and all evidence obtained had to be suppressed under the exclusionary rule. Finding no reversible error, the North Dakota Supreme Court affirmed Stands' conviction. View "North Dakota v. Stands" on Justia Law

North Dakota petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to vacate certain orders allowing representation during a presentence investigation (PSI) related evaluation. Anthony Boldt pled guilty to three counts of incest. The district court issued an order for presentence investigation and sentencing hearing notice. The court also directed “that a Pre-sentence Report, including a psycho-sexual evaluation be prepared in this matter, prior to sentencing, by the Department of Parole and Probation.” The Department of Human Services received a referral from the Department of Corrections and Rehabilitation triggering the secondary process of a risk assessment to be conducted during a presentence investigation. Defense counsel was informed the Department would not allow counsel to be present during the evaluation. The district court then ordered defense counsel be allowed to be present during the evaluation and any interviews relating to the pre-sentence investigation. The State argued the defendant had no Sixth Amendment right to have counsel present. The Supreme Court exercised its supervisory jurisdiction and vacated those portions of the district court’s orders which directed the Department of Human Services (the Department) to permit Boldt’s counsel to be present, and advise Boldt during psycho-sexual evaluation. View "North Dakota v. Schmidt, et al." on Justia Law

Nicholas Froehlich appealed an amended judgment entered on September 7, 2018, and an interim order entered on August 25, 2020. Because the appeal of the amended judgment was untimely and the interim order was not an appealable order, the North Dakota Supreme Court dismissed the appeal. View "Froehlich v. Froehlich, et al." on Justia Law

In August 2017, the City of West Fargo passed a resolution determining it was necessary to construct a sewer improvement project. The project consisted of the design and installation of two sewer pipes between West Fargo and Fargo. To complete the project, West Fargo had to acquire a right of way across certain private property, including Mark McAllister’s. McAllister appealed a judgment allowing the City of West Fargo to use its quick-take eminent domain power to acquire a right of way across his property. Because the North Dakota Supreme Court concluded the district court inappropriately granted the N.D.R.Civ.P. 54(b) order certifying the judgment as final, it dismissed the appeal. View "City of West Fargo v. McAllister, et al." on Justia Law

Travis Yoney appealed a district court order summarily dismissing his application for postconviction relief. He argued he received ineffective assistance of counsel because his attorney’s proposed jury instructions for attempted murder included the culpability of “knowingly,” which Yoney claimed was a non-cognizable offense. The North Dakota Supreme Court recently held in Pemberton v. North Dakota, 959 N.W.2d 891, that attempted knowing murder was not a cognizable offense. The Court found Yoney failed to demonstrate he received ineffective assistance of counsel. However, on the basis of Pemberton, the Court reversed the order and remanded with instructions to vacate Yoney’s attempted murder conviction. View "Yoney v. North Dakota" on Justia Law