Justia North Dakota Supreme Court Opinion Summaries

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

Rodney Friesz appealed a district court order denying his application for post-conviction relief. In 2016, Friesz was convicted by jury of manslaughter and arson, both class B felony offenses. Friesz appealed the case, asserting insufficient evidence to support the conviction, and the court erred denying his motion to suppress. The North Dakota Supreme Court affirmed the conviction and remanded with instructions for the district court to correct a clerical error in the criminal judgment. In 2018, Friesz filed his first application for post-conviction relief, arguing: (1) his conviction was based on a coerced confession; (2) the evidence admitted was obtained by an unlawful search and seizure; his arrest was unlawful; (3) he was denied the right to call witnesses to testify on his behalf; (4) the State failed to disclose certain evidence; (5) he was denied effective assistance of counsel; and (6) he was denied his right to appeal. The district court denied his application and the Supreme Court summarily affirmed the denial of the application. In 2020, Friesz filed a second application for post-conviction relief, alleging: (1) ineffective assistance of trial counsel; (2) denial of effective assistance of counsel on his post-conviction appeal with appellate counsel; (3) insufficiency of evidence to sustain a conviction; (4) denial of his fourth amendment rights regarding the warrantless search of the residence, the seizure of a firearm, and the failure of the court to grant his motion to suppress; and (5) failure to disclose evidence by the prosecution. The district court dismissed Friesz’s application after finding the two-year statute of limitations in N.D.C.C. 29-32.1-01(2) barred the relief requested, and the application did not state any exceptions to the limitations period listed in N.D.C.C. 29-32.1-01(3). The court found all grounds for relief asserted by Friesz had been or could have been raised in his direct appeal from his conviction or in his previous application for post-conviction relief. Here, Friesz argued in part that the district court acted prematurely in dismissing his application two days after the State requested dismissal, and prior to receiving a response from him. To this, the Supreme Court concurred--the district court erred in its premature ruling. The ruling was reversed and the matter remanded for further proceedings. View "Friesz v. North Dakota" on Justia Law

Sean Spillum was convicted by jury of possession of certain materials prohibited. Spillum was under criminal investigation for uploading suspected child pornography to a cloud storage service. Officers interviewed Spillum on three separate occasions regarding electronic devices that were seized from Spillum’s home and the explicit material discovered on the devices. A day before his third interview, a warrant had been issued for Spillum’s arrest. Officers did not notify Spillum of the existence of the arrest warrant before or during the interview. At the beginning of the interview, the officers told Spillum he was not under arrest. Spillum was informed he was not required to speak with law enforcement or answer their questions. The officers offered to assist Spillum obtain an attorney at his request. Spillum did not request an attorney, and he answered the officers’ questions. At the end of the interview, officers informed Spillum he was not permitted to leave and placed him under arrest. Spillum argued on appeal that the State failed to establish the offense was committed within Ward County, North Dakota. Spillum also argued the district court erred in denying his motion to suppress because he was subject to a custodial interrogation and entitled to Miranda warnings after an arrest warrant had been issued. Finding no reversible error, the North Dakota Supreme Court affirmed Spillum's conviction. View "North Dakota v. Spillum" on Justia Law

Mary Orwig appealed and Steven Orwig cross-appealed a divorce judgment distributing the parties’ property and awarding Mary spousal support. Mary argued the district court erred in determining the value of certain property, distributing the parties’ assets, and failing to award her permanent spousal support. Steven argued the court erred by ordering him to pay Mary's attorney’s fees. The North Dakota Supreme Court affirmed the district court’s property division and spousal support award, but reversed its attorney’s fees award. The matter was remanded for reconsideration of fees. View "Orwig v. Orwig" on Justia Law

Byron Whetsel appealed an order denying his petition for post-conviction relief. Because the district court summarily dismissed Whetsel’s application subsequent to the State filing a response to the application without allowing Whetsel an opportunity to reply to the State’s assertions, and in the absence of a pending motion by the State, the North Dakota Supreme Court reversed and remanded. View "Whetsel v. North Dakota" on Justia Law

Chris Oden appealed a district court order vacating a transcribed Missouri foreign judgment. Oden argued: (1) vacating the transcribed Missouri judgment violated the Full Faith and Credit Clause of the United States Constitution; (2) the court erred in relying on a decision issued between the parties in prior litigation because that decision was barred by administrative res judicata as the result of Oden’s Missouri workers compensation claim; and (3) the court erred by affording a prior judgment res judicata effect while that case was pending on appeal. In May 2010, Oden was injured in Missouri while employed by Minot Builders Supply. North Dakota Workforce Safety and Insurance (“WSI”) accepted the claim and awarded benefits for Oden’s injuries. In May 2013, Oden filed a claim for compensation in Missouri for the same work-related injury. In October 2013, WSI suspended payment of further benefits on Oden’s claim after Oden claimed benefits Missouri. Subsequent to Oden settling his Missouri workers compensation claim, WSI sent Oden notice that the prior North Dakota workers compensation award was being reversed because Oden’s receipt of benefits in Missouri. WSI provided notice to Oden his workers compensation benefits were being denied, informed Oden he would need to reimburse WSI, and informed Oden he had thirty days to request reconsideration. Oden did not request reconsideration of WSI’s decision. In July 2018, WSI commenced an action in North Dakota against Oden seeking reimbursement for previous payments made to Oden. The district court in the Burleigh County case granted summary judgment in favor of WSI and awarded WSI the full amount paid to Oden, plus accruing interest, costs, and disbursements. Oden argued in the North Dakota case that WSI was bound by the Missouri workers compensation settlement because the settlement agreement included a signature of an attorney purportedly acting on behalf of WSI. The court determined WSI could not be bound by the Missouri agreement because WSI was not a party to the settlement, and there was no evidence to support a finding that the attorney who purportedly signed on behalf of WSI had any authority to represent WSI or act as WSI’s agent. Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Oden v. Minot Builders Supply, et al." on Justia Law

Neil Olson appealed a district court order dismissing his second petition requesting formal probate proceedings for the Estate of his great-uncle, Neil Johnson. The court found Neil Olson was estopped from challenging the court’s prior finding that he was not an interested person under N.D.C.C. 30.1-01-06(26) and therefore lacked standing to assert his claims. To this, the North Dakota Supreme Court concurred and affirmed the dismissal of Olson’s second petition. View "Estate of Johnson" on Justia Law