Justia North Dakota Supreme Court Opinion Summaries

Michael Brewer appealed his sentence on charges of terrorizing, simple assault on a peace officer, preventing arrest, disarming or attempting to disarm a law enforcement officer, simple assault, and criminal mischief. He was sentenced to five years’ imprisonment with all but 18 months suspended and crediting him with 157 days of time served. On appeal, Brewer argued the district court erred in calculating his time served and he is entitled to 419 days’ credit for time served. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Brewer" on Justia Law

Russell Craig appealed the summary dismissal of his motion for postconviction relief based on res judicata. Craig pleaded guilty to murder in 2007 and was sentenced to life with the possibility of parole. Craig initiated a postconviction proceeding in 2013, which was summarily dismissed. In 2018, in the underlying criminal case, Craig filed a motion to withdraw his guilty plea. The district court denied the motion, and the North Dakota Supreme Court affirmed. Craig filed another application for postconviction relief in October 2020, arguing his parole date was moved in violation of ex post facto law. The State answered, denying Craig’s allegations and raising the affirmative defense of res judicata. The State moved for summary disposition arguing Craig’s claims were barred by res judicata. Craig argued his claims were not barred by res judicata. The Supreme Court concluded Craig’s claims were barred by res judicata, and affirmed the judgment. View "Craig v. North Dakota" on Justia Law

Michael J. Tharaldson executed an “Irrevocable Trust Agreement” on February 14, 2007. The trust named State Bank & Trust (now known as Bell Bank), as trustee. On October 3, 2011, Tharaldson executed an “Irrevocable Trust Agreement II” and merged assets from the first trust into the second trust. Tharaldson died intestate on December 11, 2017. On June 28, 2019, Bell Bank filed a petition seeking the district court’s determination of trust beneficiaries and approval of asset distribution. Bell Bank claimed the sole beneficiary was Tharaldson’s brother, Matthew Tharaldson. Tharaldson had three biological children. Bell Bank mailed its petition, proposed order, and notice of hearing to the two adult children. Bell Bank sent the documents via email to the attorney representing Tharaldson’s minor child, E.M., in the separate probate action. E.M. challenged the court's jurisdiction after it ultimately granted Bell Bank's petition to distribute the trust assets. The district court found the language of the trust was not ambiguous, Tharaldson died intestate, and Matthew Tharaldson was the sole beneficiary of the trust, entitling him to distribution of all trust assets. E.M. argued on appeal that the district court erred in granting Bell Bank’s petition. He claimed the merger of assets from the first trust to the second trust was invalid. E.M. also claimed the trust designated E.M. and his siblings as the only beneficiaries, entitling them to share in the trust assets, and entitling E.M. to recover attorney’s fees. Bell Bank and Matthew Tharaldson argued collateral estoppel barred relitigation of E.M.’s claims in this case because of the district court’s findings about E.M.’s status as an heir in the Tharaldson probate case. The North Dakota Supreme Court determined the district court’s order denying E.M.’s demand for change of judge should have been granted, making the assigned judge's actions with respect to the merits of E.M.'s claims invalid. This case was remanded for assignment of a new judge and for proceedings anew on the merits of the petition. View "Matter of Michael J. Tharaldson Trust" on Justia Law

J.H. appealed a trial court's order and findings of fact denying his petition to remove T.F. as guardian of M.H., appoint himself as guardian, and remove contact restrictions T.F. placed on his contact with M.H. On appeal, J.H. argued the trial court abused its discretion in denying his motion to remove T.F. as guardian and refusing to remove restrictions T.F. placed on his contact with M.H, arguing the finding that he was unable to civilly structure his contact with M.H. was clearly erroneous. Because the district court did not abuse its discretion in ordering T.F. remain M.H.’s guardian and its findings of fact are not clearly erroneous, the North Dakota Supreme Court affirmed. View "Guardianship of M.H." on Justia Law

James Kremer appealed dismissing his application for postconviction relief. In February 2016, Kremer pled guilty to three counts of possession of certain materials prohibited. He filed an appeal to the North Dakota Supreme Court, but he later withdrew his appeal. In July 2018, Kremer filed his first application for postconviction relief, arguing that “he received ineffective assistance of counsel and the court ‘did not inform [him] of the possibility of restitution, did not ensure that [his] plea was voluntary, did not obtain a factual basis for the plea, and did not get any acknowledgement by [Kremer] regarding the facts.’” The district court denied relief, and the Supreme Court affirmed. In January 2021, Kremer filed a second application for postconviction relief, arguing ineffective assistance of counsel, actual innocence, prosecutorial misconduct, invalid guilty plea, and an illegal search and seizure leading to his conviction. The State moved to dismiss, arguing that his application for postconviction relief was untimely and that his claims were further barred by res judicata. The district court granted the State’s motion and summarily denied his application. The Supreme Court affirmed the order, concluding Kremer’s claims were barred by the two-year statute of limitations. View "Kremer v. North Dakota" on Justia Law

Wyatt Kukert appealed a district court judgment entered after he conditionally pled guilty to gross sexual imposition. Kukert argued on appeal that the trial court erred by denying his motions to dismiss and suppress. Kukert claimed he did not voluntarily waive his Miranda rights, and his statements to law enforcement were not corroborated by other evidence of sexual contact. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Kukert" on Justia Law

Benjamin Suelzle was convicted by jury on one count of being in actual physical control of a motor vehicle while under the influence, and one count of refusal to submit to blood alcohol testing. On appeal, Suelzle argued the district court erred in denying his motion to suppress evidence and dismiss the charges because the federal law enforcement officer who stopped his vehicle lacked reasonable and articulable suspicion that Suelzle had violated or was about to violate the law, and was without authority to detain him for the purpose of waiting for a McKenzie County law enforcement officer to arrive at the scene. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Suelzle" on Justia Law

Henry H. Behle IV appealed the grant of summary judgment in favor of Darren Harr as the personal representative of the Estate of Henry L. Behle. The district court held Behle’s claims against the Estate concerning two parcels of real estate were untimely under N.D.C.C. 30.1-19-03(2), which barred certain claims that were not brought within three months of a decedent’s death. The court also held Behle’s claim to personal property was barred by the six-year statute of limitations for conversion under N.D.C.C. 28-01-16. Finding no reversible error, the North Dakota Supreme Court affirmed the trial court's judgment. View "Behle v. Harr" on Justia Law

A.S. appealed a juvenile court's judgment and order terminating her parental rights to her child, A.S.F. A.S. was appointed counsel when the State petitioned for involuntary termination of her parental rights. The trial court allowed A.S.’s counsel to withdraw after A.S. expressed dissatisfaction with her counsel. The termination hearing was continued and new counsel was appointed. One day before the rescheduled hearing, A.S.’s second counsel moved to withdraw. The judge heard the motion at the termination hearing. There, counsel stated a material breakdown in the attorney-client relationship had occurred. The court granted counsel’s motion on the basis of the treatment A.S. showed to her counsel and the unwillingness of A.S. to work with any attorney the court appointed. The judge found A.S.’s actions to be a voluntary waiver of her right to counsel. Counsel was allowed to leave the courtroom. The hearing proceeded with A.S. without counsel. The juvenile court entered an order terminating parental rights on June 10, 2021. A.S. appealed to the North Dakota Supreme Court 61 days after the initial June 10 order terminating her parental rights was entered. A.S. argues her right to counsel was violated after the court granted her second attorney’s motion to withdraw, leaving A.S. to represent herself at the termination hearing and without advice regarding the process and deadline for appeal. The Supreme Court determined it lacked jurisdiction even to consider a claim that a party failed to timely appeal as a result of a denial of the party’s right to counsel. "We are without jurisdiction to hear A.S.’s waiver of her right to counsel argument because her appeal was untimely." View "Interest of A.S.F." on Justia Law

LeRoy Wheeler appealed a district court order denying his applications for postconviction relief. In 2005, Wheeler was convicted of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the delinquency of a minor. Wheeler was subject to an order prohibiting him from filing new postconviction relief applications without leave of court. The North Dakota Supreme Court treated the district court’s order as one denying Wheeler leave to file new applications. Orders denying leave to file were not appealable, and the appeal was dismissed. View "Wheeler v. North Dakota" on Justia Law