Justia North Dakota Supreme Court Opinion Summaries

Russell Walbert appealed an amended criminal judgment after a jury found him guilty of gross sexual imposition. At a pretrial conference, the State moved to stop people from entering and exiting the courtroom while the victim testified during trial. The State made clear it was “not asking for the courtroom to be closed, just that we don’t have those interruptions while she’s testifying, if there’s no objection to that. Whoever is in, stays in. Whoever is out, stays out.” Walbert agreed to the State’s request. The court did not enter a written order and did not analyze its decision under the four-factor test found in Waller v. Georgia, 467 U.S. 39 (1984). Walbert argued the district court created a structural error by denying his constitutional right to a public trial. He claimed the court was required to engage in a Waller analysis before closing the courtroom, and the court’s failure to do so requires reversal. The North Dakota Supreme Court found judges possessed broad power to control their courtrooms, minimize disruptive behavior, and maintain security, and here, the district court's actions did not constitute a closure. Judgment was thus affirmed. View "North Dakota v. Walbert" on Justia Law

Tyler Richter appealed a criminal judgment entered after he pled guilty to the charge of luring minors by computers, and conditionally pled guilty to the charge of attempted promotion of obscenity to minors. Richter reserved the right to appeal the district court’s denial of his motion to dismiss the charge of attempted promotion of obscenity to minors. He argued attempted promotion of obscenity to minors was not a cognizable offense. Specifically, Richter argued there was an inconsistency in the elements of the criminal attempt and promotion of obscenity to minors offenses which was impossible to rectify. He claimed attempt required the actor have an intent to complete the commission of the underlying crime, promoting obscenity only requires the actor to act recklessly which did not require an intent to commit a particular objective, and a person cannot intend to commit an offense that can be committed without any intent. The State opposed Richter’s motion. After review, the North Dakota Supreme Court concurred that the attempted promotion of obscenity to minors was not a cognizable offense, and the district court erred in denying Richter's motion to dismiss. Judgment convicting Richter of attempted promotion of obscenity to minors was reversed, and the matter remanded to allow Richter to withdraw his guilty plea to the attempt offense and dismiss the attempt charge. View "North Dakota v. Richter" on Justia Law

Jason Ryberg appealed the dismissal of his complaint with prejudice after the district court granted Defendant Darren Landsiedel’s motion to enforce a settlement agreement. Nodak Insurance Company (“Nodak”) appealed the court’s order denying its motion to intervene in the case. In November 2016, Ryberg’s wife, Heather Ryberg, was killed when Landsiedel’s vehicle hit her on a rural Burleigh County highway in the early morning hours. In March 2018, Ryberg sued Landsiedel for the wrongful death of his wife. Landsiedel was insured by Allstate Insurance Company and had liability policy limits of $25,000. Ryberg was insured by Nodak, with “substantial” underinsured motorist (“UIM”) limits. Allstate offered Ryberg policy limits to settle his wrongful death claim. Ryberg notified Nodak of Allstate’s offer of the policy limits for “full and final settlement” of the wrongful death claim. Nodak agreed to advance payment of $25,000 to Ryberg to maintain its reimbursement or subrogation rights under N.D.C.C. 26.1-40-15.5. A week before the scheduled trial on Ryberg’s wrongful death action against Landsiedel, Nodak and Ryberg agreed to settle Ryberg’s UIM claim for $100,000, in addition to the $25,000 Nodak already paid under the statute. After being notified, Landsiedel’s counsel filed a notice of settlement with the district court, and the case was taken off the calendar. Because no closing documents were filed, the court set a status conference for February 27, 2020. On the day of the status conference, Nodak moved to intervene in the action, seeking to preserve its right of reimbursement or subrogation. Landsiedel filed a substitution of counsel, moved for an extension of time, and subsequently opposed the motion to intervene. The court denied Nodak’s motion to intervene, finding it was untimely. In June 2020, Landsiedel filed a motion to enforce a settlement agreement. Ryberg opposed the motion and requested oral argument. The district court granted Landsiedel’s motion. Judgment was entered dismissing the case with prejudice. The North Dakota Supreme Court found no evidence established the terms by which the parties intended to settle Ryberg’s action, thus, the district court erred in granting Landsiedel’s motion seeking to enforce a settlement agreement. The Court vacated the order denying intervention and reversed the judgment of dismissal. View "Ryberg, et al. v. Landsiedel" on Justia Law

Pioneer State Mutual Insurance Company appealed a declaratory judgment that found the automobile policy issued by Pioneer to Ty Kirby provided insurance coverage. In 2017, Kirby was involved in a motor vehicle accident with Mary Miller. Kirby was driving a 2002 Dodge Ram owned by his employer, Bear Creek Gravel, Inc. One of Kirby’s co-workers had forgotten his lunch and Kirby instructed him to meet him at the intersection of two nearby highways where Kirby would bring him a sandwich. After purchasing the sandwich, filling the 2002 Dodge Ram with fuel, and delivering the sandwich to his co-worker, Kirby began crossing the intersection. Kirby proceeded through the intersection and collided with Miller, who died as a result of the collision. Kirby purchased an automobile insurance policy from Pioneer effective from April 1, 2017 to October 1, 2017. The policy covered Kirby even if he was driving a vehicle he did not own. However, the policy excluded coverage for any vehicle “furnished or available for [Kirby’s] regular use.” The regular use exclusion was the basis for Pioneer’s denial of liability coverage for the accident. The district court concluded the 2002 Dodge Ram was not furnished for Kirby’s regular use because several restrictions existed for Kirby’s use of the vehicle. The North Dakota Supreme Court concluded evidence and inferences about restrictions on Kirby's use of the vehicle supported the district court's decision the regular use exclusion did not apply. Therefore, the district court's judgment was affirmed. View "Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al." on Justia Law

Jordan Borland was convicted by jury of criminal vehicular homicide at the conclusion of a third jury trial on the charge. Borland argued: double jeopardy barred his retrial; the district court erred by denying his requested jury instruction and special verdict form seeking a jury finding on double jeopardy; and he was denied the right to a speedy trial. Finding no reversible error, the North Dakota Supreme Court affirmed his conviction. View "North Dakota v. Borland" on Justia Law

Shawn Kluver and Little Knife Disposal, LLC (“Little Knife”), appealed an amended judgment entered after a bench trial that awarded Command Center, Inc., monetary damages, interest, attorney’s fees and costs against Renewable Resources, LLC, and Kluver, jointly and severally. The amended judgment also awarded Renewable Resources damages and interest against Kluver and Little Knife, jointly and severally, and ordered them to indemnify Renewable Resources for all damages, interest, attorney’s fees, and costs awarded to Command Center. Command Center provided temporary labor services. Command Center sued Renewable Resources in small claims court, claiming unpaid amounts totaling $14,631.20, relating to temporary labor services that Command Center provided under agreements with Renewable Resources. Renewable Resources removed the case to district court. Command Center obtained leave of court to file an amended complaint, naming Kluver and Little Knife as additional defendants. Kluver had been the manager of Renewable Resources. Although Renewable Resources was billed and had paid Command Center $20,000 for the temporary labor services, Renewable Resources alleged that the temporary labor services were provided for the benefit of Little Knife, and that Kluver did not have authority to contract on behalf of Renewable Resources for the temporary labor services that benefited Little Knife. On review, the North Dakota Supreme Court concluded that evidence presented at trial supported the district court’s findings of fact and, further, that Kluver and Little Knife were rearguing the evidence and challenging the district court’s weight and credibility determinations. "We will not second-guess the district court’s clear findings on appeal. On this record, we conclude the district court’s findings are not clearly erroneous." View "Command Center v. Renewable Resources, et al." on Justia Law

Michael Lee Stands appealed a judgment and an order denying his motion to suppress evidence after entering a conditional plea of guilty to possession with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia. On appeal, Stands argued he did not consent to the search of his person. He also argued the traffic stop was unlawfully extended when police asked if he had anything on him, if she could search him, and subsequently searched him. Additionally, Stands argued the stop was unlawfully extended when officers detained him and waited for a drug dog to arrive on the scene. Finding no reversible error, the North Dakota Supreme Court affirmed judgment and the trial court's order denying Stands' motion to suppress. View "North Dakota v. Stands" on Justia Law

Appellants Somerset Court, LLC, and Kari Riggin appealed a district court judgment dismissing their action seeking a declaratory judgment regarding the validity of the North Dakota Governor’s executive orders. This case began as a challenge to the Governor’s statutory powers in issuing executive orders during the COVID-19 pandemic relating to the operations of certain North Dakota businesses. In April 2020, Somerset, an assisted living facility with an in-house salon, and Riggin, a licensed cosmetologist operating the salon as an independent contractor, claimed the executive orders prohibited Somerset and Riggin from engaging in their business and profession, and placed limitations as to their business and profession. Appellants argued the executive orders were beyond the Governor’s statutory powers; the executive orders involved fundamental rights requiring the application of the strict scrutiny standard of review; and that a declaratory judgment should have been issued as a matter of law and enforced by an appropriate writ. Because Appellants failed to adequately challenge the district court’s conclusion the case was moot, the North Dakota Supreme Court affirmed. View "Somerset Court, et al. v. Burgum, et al." on Justia Law

North Dakota Workforce Safety and Insurance (“WSI”) appealed a district court judgment affirming an ALJ’s revised order on remand, entered after the North Dakota Supreme Court's decision in State by & through Workforce Safety & Ins. v. Sandberg, 2019 ND 198, 931 N.W.2d 488 (“Sandberg I”). The ALJ’s revised order made additional findings of fact and conclusions of law, and again found John Sandberg had sustained a compensable injury and was entitled to benefits. Under its deferential standard of review, the Supreme Court affirmed in part; however, in light of the ALJ’s revised order, the Court remanded the case to WSI for further proceedings on whether benefits should have been awarded on an aggravation basis and the proper calculation of those benefits under N.D.C.C. 65-05-15. View "WSI v. Sandberg, et al." on Justia Law

James Lund appealed the grant of summary judgment entered in favor of Leland Swanson and Open Road Trucking, LLC. Lund had been an adverse party to Swanson and Open Road in a series of lawsuits, dating back to 2018. Trial in one of the lawsuits was scheduled to begin December 3, 2019. On the day before trial, Lund, Swanson, Open Road, and their respective counsel met to discuss settling the lawsuits between them. Swanson and Open Road were represented by the same attorneys. After the meeting, Lund’s attorney, Sean Foss, contacted the district court to inform it that the parties had resolved the matter scheduled for trial the following day, and asked the court to “take the trial off the calendar.” Attorney Foss then sent an email to counsel for Swanson and Open Road, with the subject line “settlement,” containing his notes regarding the settlement terms. On December 10, 2019, Swanson and Open Road’s attorney, Randolph Stefanson, emailed Foss a proposed settlement agreement, which included the same terms as Foss’s email. Two days later, Foss emailed Swanson and Open Road’s attorneys a revised version of the proposed settlement agreement. That same day, the North Dakota Supreme Court issued an opinion on one of the parties' pending cases which was on appeal at the time. In that case, the Supreme Court concluded a “judgment was not satisfied as between Swanson and Lund, and Open Road was entitled to take an assignment of the judgment from Swanson to enforce Swanson’s right of contribution from Lund for one-half of the judgment amount.” The Court reversed the district court’s order directing entry of satisfaction of the judgment, and remanded for entry of a charging order against Lund's transferrable interests in specified limited liability companies. Ultimately, no written settlement agreement was signed by the parties. In January 2020, Lund initiated this action against Swanson and Open Road to enforce the alleged settlement agreement. The parties filed cross-motions for summary judgment. After a hearing, the district court denied Lund’s motion and granted summary judgment in favor of Swanson and Open Road, concluding the statute of frauds barred enforcement of the settlement agreement. Lund appealed. Finding no reversible error, the North Dakota Supreme Court affirmed the district court's judgment. View "Lund v. Swanson, et al." on Justia Law