Justia North Dakota Supreme Court Opinion Summaries

Earl Schwartz Company and the co-personal representatives of the Estate of Earl N. Schwartz (amongst others, together “ESCO”) and SunBehm Gas, Inc. appealed a judgment quieting title to oil and gas interests in Great Plains Royalty Corporation. Great Plains cross appealed, arguing the district court erred when it denied its claims for damages. Great Plains’ creditors filed an involuntary petition for bankruptcy under Chapter 11 of the Bankruptcy Code in 1968. The case was converted to a Chapter 7 liquidation proceeding. The bankruptcy trustee prepared an inventory and published a notice of sale that listed various assets, including oil and gas interests. Earl Schwartz was the highest bidder. Schwartz entered into an agreement with SunBehm to sell certain interests described in the notice, and the district court order approved the transfer of those interests directly from the bankruptcy estate to SunBehm. The bankruptcy case was closed in 1974. Great Plains’ creditors were not initially paid in full; the bankruptcy case was reopened in 2013, Great Plains’ creditors were paid in full with interest, and adversary proceedings were brought to determine ownership of various oil and gas interests, to which ESCO was a party. ESCO argued the bankruptcy sale transferred all of the interests owned by Great Plains, regardless of whether they were listed in the notice of sale. The bankruptcy court rejected ESCO’s argument and determined title to various properties (not the subject of the present appeal). Then in 2016, Great Plains brought this quiet title action against ESCO and SunBehm; ESCO and SunBehm brought quiet title cross claims. The district court held a bench trial and found the bankruptcy trustee intended to sell “100%” of all of the oil and gas interests Great Plains owned at the time of the bankruptcy. But the North Dakota Supreme Court reversed, finding the district court erred when it determined the bankruptcy trustee intended to sell all of Great Plains’ interests, including those not listed in the notice of sale. On remand, ESCO and SunBehm claimed they held equitable title to oil and gas interests in various tracts identified in the notice of sale, interest which were confirmed by the bankruptcy court. The Supreme Court reversed the district court’s ruling on collateral estoppel as a misapplication of the law, and vacated the court’s title determination and its denial of Great Plains’ conversion claim. The case was remanded for the court to determine whether ownership of any interests in the tracts identified in the notice of sale passed to ESCO or SunBehm by virtue of the bankruptcy sale and confirmation order. View "Great Plains Royalty Corp. v. Earl Schwartz Co., et al." on Justia Law

Thomas Kaspari appealed when the district court ordered him to pay spousal support in his divorce from Jean Kaspari until her death or remarriage. The North Dakota Supreme Court concluded the district court erred as a matter of law because its award of spousal support was for an unlimited period of time. The Court vacated the spousal support portion of the judgment and remanded for the district court to reconsider the issue in light of the Supreme Court's opinion. View "Kaspari v. Kaspari" on Justia Law

The North Dakota Supreme Court consolidated two criminal cases because both involved whether a defendant may waive his Sixth Amendment right to a public trial. Former school teacher Everest Moore appealed three criminal judgments after a jury found him guilty of eight counts of gross sexual imposition with respect eight of his students. Moore argued the district court closed two pretrial hearings and parts of his trial without the pre-closure analysis required by Waller v. Georgia, 467 U.S. 39, 48 (1984), thus violating his public trial right guaranteed by the Sixth Amendment. Juan Martinez appealed after a jury found him guilty of continuous sexual abuse of a child. The victim was thirteen or fourteen at the time; there had been no public disclosures of her identity, the allegations were very personal, involving multiple penetrative sexual acts. During a hearing on the State’s motion, Martinez’s attorney stated that he did not oppose the motion to close the courtroom for the victim’s testimony. A representative from the Williston Herald newspaper expressed opposition to the motion. The court stated the public, including the media, had an interest in the motion and it would wait to decide the motion to give the media an opportunity to file an objection. Martinez argued the district court erred by ultimately closing the courtroom to the public during the testimony of the minor victim and the victim’s counselor. With respect to Moore, the Supreme Court concluded the exclusion of the public without a knowing, intelligent, and voluntary waiver or Waller findings articulated on the record before the closures negatively affected the fairness, integrity, and public reputation of the criminal justice system. With respect to Martinez, the Court found the district court's findings in support of a second closure were clearly erroneous: "the court simply accepted the asserted interest without articulating how it overrides the defendant’s and public’s right to open proceedings. Both judgments were reversed and the matters remanded for new trials. View "North Dakota v. Martinez" on Justia Law

Landowners Cash Aaland, Larry Bakko, and Penny Cirks, appealed orders granting the Cass County Joint Water Resource District (the “District”) a right of entry onto their properties to conduct surveys and examinations related to the Fargo-Moorhead Flood Diversion Project. The Landowners argued these surveys and examinations are beyond the scope of N.D.C.C. 32-15-06. After review, the North Dakota Supreme Court reversed, concluding the District’s right of entry exceeded the limited testing permitted under the statute. The matter was remanded for a determination on attorney’s fees and costs. View "Cass County Joint Water Resource District v. Aaland, et al." on Justia Law

Dakota Bee appealed a criminal judgment entered on a conditional plea of guilty, reserving the right to appeal a district court order denying her motion to suppress evidence. Burleigh County Social Services (BCSS) contacted the Bismarck Police Department requesting assistance in removing a child from Bee’s care. Officers accompanied BCSS social workers to Bee’s residence and informed her that they were there to remove her child. Bee refused, backing up into the home, picking up the child, and then running towards the rear of the home. Officers pursued Bee through the home and out the back door. Fleeing out the back, Bee fell while holding the child, and officers separated her from the child. After Bee had been detained outside the residence, a social worker entered the residence to obtain personal belongings for the child, and an officer followed. Once the officer was inside, the social worker pointed out a glass smoking pipe. Bee was subsequently charged with Child Neglect; Possession of Methamphetamine; Possession of Drug Paraphernalia; and Refusal to Halt. The district court found that the officers entered “the residence with BCSS to retrieve personal belongings for the child” after Bee had been detained and the child was in BCSS’s custody. The court further found that the officers observed the glass smoking device on a shelf in plain view. The court concluded the officers’ actions did not violate Bee’s Fourth Amendment rights. On appeal, Bee argued the court erred in concluding that her Fourth Amendment rights were not violated when the officers entered her home. The North Dakota Supreme Court found that during the first entry to the residence, the officers observed nothing that Bee sought to suppress. The second entry of the residence was justified only by a need to collect clothing and other personal items needed by the child. Because the search was concededly warrantless and no exception applies, the Court concluded Bee was entitled to claim the protection of the exclusionary rule. The district court erred by denying Bee’s motion to suppress the results of the warrantless search. Judgment was reversed and the matter remanded to allow Bee to withdraw her guilty plea. View "North Dakota v. Bee" on Justia Law

Anthony Campbell appealed after the district court summarily dismissed his application for post-conviction relief. In 2016, a jury found Campbell guilty of murder, a class AA felony. His conviction was affirmed on appeal. In November 2017, Campbell filed an application for post-conviction relief alleging ineffective assistance of counsel. The State opposed the application and moved for summary disposition. In December 2017, Campbell amended his application. By the time of a January 2019 status conference, Campbell’s attorney informed the district court that he wanted to have a blood sample tested. The court gave him 30 days to submit information with regard to the testing; nothing was submitted. In April 2019, the State renewed its motion. At an October 2019 hearing on an order to show cause, Campbell’s attorney represented that the private lab would accept the blood sample only if the State submitted it. In March 2020, the court ordered the State to cooperate with the lab and the production of a DNA profile. At a June 2020 status conference, Campbell was unable to attend because of restrictions on transporting inmates due to the COVID-19 pandemic. Campbell’s counsel was present and acknowledged taking no action on the order to cooperate. The State renewed its motion at the hearing. The court held Campbell failed to meet his burden and granted the summary dismissal. The court requested the State to draft the order dismissing the application. On appeal, Campbell argued his application was dismissed because the district court agreed with the State that his post-conviction counsel did not submit evidence to support the application or respond to the State’s motion. He argued, however, there was a reasonable inference that blood present at the crime scene, if properly tested, would exonerate him. He further contended issues not related to blood testing regarding his trial counsel’s ineffective performance were viable and supported, and that summary disposition had already been denied on those claims. He argued that an evidentiary hearing as to those issues should have been held. The North Dakota Supreme Court concluded the district court’s order and judgment summarily dismissing the application was conclusory: in summarily dismissing, the court did not address the specific claims of Campbell’s amended application alleging ineffective assistance of trial counsel; did not undertake any analysis under Strickland; and did not adequately explain why an evidentiary hearing on the application, which had originally been ordered in September 2018, was no longer necessary. The judgment was reversed, and the case remanded for further proceedings. View "Campbell v. North Dakota" on Justia Law

Joshua Breeze appeals a district court judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges based on a conviction for driving under the influence. On appeal, Breeze argued that Waltz, a UND police officer, was outside of his jurisdiction when he stopped Breeze, and therefore had no authority for the stop or the subsequent chemical test. The Department argued that Waltz was in “hot pursuit” and therefore had authority for the stop. After review of the trial court record, the North Dakota Supreme Court determined Waltz did not have authority to arrest Breeze: "a reasoning mind could not have reasonably concluded the preponderance of the evidence supports that Waltz was in 'hot pursuit,' as defined by section 15-10-17(2)(d), N.D.C.C., when he continued beyond his jurisdictional boundary to arrest Breeze." The Department's order suspending Breeze's driving privileges, and the district court's judgment affirming the Department's order were reversed. View "Breeze v. NDDOT" on Justia Law

Andrew Glasser appealed a district court’s corrected, amended criminal judgment modifying his sentence for conviction of gross sexual imposition and from an amended criminal judgment for conviction of possession of certain materials prohibited. On appeal, Glasser contended the court lost jurisdiction upon announcement of his original sentence, and thus had no authority to amend his judgments. After review, the North Dakota Supreme Court concluded the district court did not have jurisdiction to amend the criminal judgments to modify Glasser’s sentences. The Court reversed and remanded for entry of judgments reinstating Glasser’s original sentences. View "North Dakota v. Glasser" on Justia Law

Ben Gerving appealed an amended divorce judgment and parenting plan. He argued the district court’s distribution of marital assets and debts was clearly erroneous. Janet Gerving argued the appeal was frivolous and she was entitled to costs and attorney’s fees. The North Dakota Supreme Court affirmed the amended divorce judgment and parenting plan, and determined Ben Gerving's arguments on appeal were "not so groundless or devoid of merit that they were frivolous." Janet's request for fees was thus denied. View "Gerving v. Gerving" on Justia Law

Glenn Solberg appealed a district court judgment dismissing his complaint against Richard McKennett. This action was related to Solberg’s litigation involving the Estate of Lyle Nelson. Lyle Nelson was married to Solberg’s mother Lillian (Solberg) Nelson, who died in 2003. Lyle died in 2012, and McKennett was the attorney for the personal representative of Lyle's estate. In June 2013, Solberg filed a petition for allowance of claim against Lyle's estate, asserting that under his mother’s 1985 will and 1997 codicil he was entitled to 100 mineral acres and had an option to purchase certain property. The district court dismissed Solberg’s claim, concluding the 100 mineral acres and the option property were never held by the estate, and were never under the control of or owned by Lyle Nelson. The North Dakota Supreme Court affirmed the dismissal of Solberg’s claim. In April 2020, Solberg sued McKennett for fraud and injury to person. Solberg alleged McKennett committed fraud by misleading him during the probate of Lyle Nelson’s estate and by dismissing his claim against Nelson’s estate. Solberg requested $400,000 in damages. McKennett moved to dismiss the lawsuit, claiming Solberg’s complaint did not specify the circumstances constituting fraud, and on statute of limitations grounds. The district court concluded Solberg's claims were time-barred because Solberg was aware of McKennett's alleged wrongdoing before April 2014. The North Dakota Supreme Court concurred Solberg's claims against McKennett were time barred, thus the district court did not err in granting McKennett's motion to dismiss. View "Solberg v. McKennett" on Justia Law