Justia North Dakota Supreme Court Opinion Summaries

Mark Hiepler, as the trustee of the Orville G. Hiepler and Florence L. Hiepler Family Trust (“Trust”), appealed a judgment ordering him to transfer certain Trust property to Bill Seerup, and appealed an order denying his motion to dismiss. In April 2007, Orville and Florence Hiepler deeded 150 net mineral acres in Williams County to Seerup in exchange for $15,609. The mineral deed did not refer to the Trust or Orville and Florence Hiepler’s role as co-trustees. When the deed was executed, Orville individually owned only 7.3636 mineral acres. The remaining 142.6 mineral acres were owned by the Trust. Nine days after receiving the mineral deed from Orville and Florence Hiepler, Seerup conveyed 135 mineral acres to Hurley Oil Properties, Inc. In 2014, Dale Exploration, LLC, filed suit to quiet title to the 150 net mineral acres conveyed in the mineral deed from Orville and Florence Hiepler to Seerup. Seerup and Hurley Oil also brought a claim for breach of contract against Orville and Florence Hiepler, individually and as co-trustees, requesting specific performance or, alternatively, money damages if specific performance was not ordered. In 2017, the district court dismissed Dale Exploration’s claims on summary judgment, finding there was no evidence that Dale Exploration had an interest in the property. A bench trial was held on the remaining issues. The court found the Hieplers own the mineral interests in fee simple as trustees, not as individuals. The court also found the Hieplers breached the mineral deed to Seerup and the proper remedy was damages, not specific performance. The court awarded damages in the amount of $20,147.96. The North Dakota Supreme Court reversed that judgment and remanded for further proceedings on whether money damages were adequate in light of specific performance. Orville died after the Supreme Court's judgment and mandate were issued. Orville and Mark responded to a proposed order drafted by Seerup and Hurley Oil, arguing the pleasings did not adequately assert specific performance. Specific performance of the mineral deed was ultimately granted. Mark Hiepler argues the district court erred in ordering him to convey the property to Seerup because the court did not have jurisdiction to enter a judgment against the Trust, the claims abated upon Orville Hiepler’s death, and he could not be substituted as a party for Orville Hiepler. Finding no error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Dale Exploration, et al. v. Hiepler, et al." on Justia Law

In 2018, Walter James was arrested and charged with possession with intent to deliver a controlled substance and fraudulent practices in urine testing. The district court appointed an attorney for James after determining he qualified as indigent. The court subsequently dismissed James’ court appointed attorney after James became employed and no longer qualified as indigent. James represented himself at trial in July 2019, and the jury found James guilty of both charges. The court sentenced James to four years in prison with two years suspended. On appeal, James contended he was deprived of his right to counsel, claimed there was an error in the post-verdict polling of the jury, claimed the district court erred in the issuance of a search warrant because it lacked jurisdiction, and argued there was a violation of his right to confront witnesses against him. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. James" on Justia Law

Mackenzie Harstad appealed a district court’s judgment ordering restitution for unrecovered personal property. The personal property was in a vehicle at the time the vehicle was stolen, but was not in the vehicle seven days later when Harstad was arrested for, and charged with, possession of the stolen vehicle. Harstad was not charged with the theft of the vehicle. Harstad argued the district court abused its discretion by ordering restitution for the unrecovered personal property because there was no immediate and intimate causal connection between the criminal conduct and the loss of the personal property. The North Dakota Supreme Court concurred with this, reversed and remanded to the district court for a redetermination of the amount of restitution. View "North Dakota v. Harstad" on Justia Law

Troy Boysen appealed a district court order denying his motions for reconsideration and for a new trial. In February 2019, Amy Avery petitioned the district court for a disorderly conduct restraining order against Boysen. The court entered a temporary disorderly conduct restraining order on February 12, 2019. After the court granted Boysen a continuance, a hearing on the petition was scheduled for March 8, 2019, in the Williams County courthouse. According to his affidavit, Boysen claims that while traveling from South Dakota to the March 8 hearing in Williams County, his vehicle got a flat tire. He alleges that he called the courthouse and informed the clerk of court he had a flat tire and would still try to make it to the hearing. Boysen further alleges that he was transferred to the court reporter and was told he would be given time to arrive and mount a defense. From the hearing transcript, the district court acknowledged that Boysen had called and was running late, but the court proceeded with the hearing without Boysen present, fifteen minutes after the originally scheduled time. The court stated on the record that the matter had been continued from the previous month, that Boysen was 30 miles from town and had a flat tire, and that Boysen was told the case “would go second.” The court further stated, however, that although another case had been set, the parties in that case did not show up, and the court was “not going to wait for [Boysen].” The district court held a short hearing on March 8, 2019, and subsequently entered a disorderly conduct restraining order barring Boysen from contact with or coming within 50 feet of Avery for six months, expiring August 12, 2019. According to his affidavit, Boysen arrived just in time to see the court proceedings had concluded. After review of the district court proceedings, the North Dakota Supreme Court affirmed, concluding Boysen failed to establish the district court abused its discretion in denying his motions. View "Avery v. Boysen" on Justia Law

Stephen Zundel sued his brothers, Loren and Richard Zundel, seeking possession of personal property subject to a May 2013 bill of transfer. Loren and Richard Zundel believed the property was part of their father's, Edwin Zundel’s estate. Loren served as personal representative of the estate and answered the complaint, denying Stephen's allegations. Loren sought declaratory judgment claiming the bill of transfer was invalid because Stephen obtained Edwin Zundel’s signature through undue influence and the document was falsely notarized by Stephen who was not a notary public. Stephen appealed when the district court found the bill of transfer was void as a result of Stephen's undue influence over his father, and that the bill of transfer was not validly accepted because it was not signed by a notary. Finding no reversible error, the North Dakota Supreme affirmed the district court's judgment. View "Zundel v. Zundel, et al." on Justia Law

James Kremer appealed the denial of his application for post-conviction relief. In 2014, FBI agents seized computers, hard drives, and other electronic devices belonging to Kremer. Child pornography was found on some of the devices. The agents interviewed Kremer regarding the devices and the explicit material discovered on the devices. Kremer claimed ownership of the electronic devices and acknowledged the explicit material found on them. In November 2015, Kremer entered into a stipulation with federal prosecutors in which Kremer agreed to plead guilty to charges related to the matter in North Dakota state court. Had Kremer not pleaded guilty in state court, the stipulation stated prosecution of the matter would continue in federal court. Kremer was facing a 15 year minimum mandatory sentence if convicted in federal court. Kremer argued he should have been allowed to withdraw his guilty pleas because he received ineffective assistance of counsel and because the district court did not adhere to the procedure set forth in N.D.R.Crim.P. 11. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Kremer v. North Dakota" on Justia Law

Susan Franciere appealed a district court judgment granting the City of Mandan’s motion to dismiss for lack of personal jurisdiction due to insufficient service. In 2017, Franciere and her dog were attacked by a dog in Mandan. Days later, she went to the Mandan Police Department, asserted her rights under Article I, section 25 of the North Dakota Constitution, and requested a copy of the police report on the incident under the open records law. Franciere called the police department and was informed the dog was undergoing a 10-day rabies quarantine. Thereafter, Franciere sent a letter to the chief of police requesting the police report. On August 22, 2017, she received a phone call from a police lieutenant who told her she would not receive the report because the case was still active and no information would be released until the case was closed. In September 2017, she contacted the city attorney about the incident. Then in October, Franciere filed this action against the City, alleging violations of the North Dakota Constitution and the open records law. Franciere received a redacted report of the incident from the police department on November 1, 2017. On January 13, 2018, she received an unredacted report from the police department. On November 14, 2018, Franciere filed a motion for summary judgment. The district court declared Franciere’s action moot and dismissed it with prejudice. It declined to rule on Mandan’s motion to dismiss for insufficient service of process and lack of personal jurisdiction. The North Dakota Supreme Court vacated the district court’s judgment and remanded for determination of Mandan’s motion to dismiss for insufficiency of service of process and lack of personal jurisdiction. Upon reconsideration, the district court granted the City's motion to dismiss with prejudice. Franciere argued Mandan waived its personal jurisdiction claims, the district court improperly dismissed the case with prejudice, the district court erred when it denied her motion to compel discovery, and the district court judge was biased against her. The Supreme Court modified the judgment for dismissal without prejudice, and affirmed as modified. View "Franciere v. City of Mandan" on Justia Law

William Nelson appealed a district court judgment denying his claims relating to a quitclaim deed executed by his mother Elsie Haykel before her death. Elsie Haykel executed estate planning documents and a quitclaim deed conveying a remainder interest in a Bismarck condominium to her children, Steven Nelson, Gail Nelson-Hom, and William Nelson. Haykel died in 2014. In January 2016, Steven and Gail sued William seeking a partition and sale of the condominium. William counterclaimed, alleging the 2011 quitclaim deed was invalid because Haykel lacked mental capacity and was unduly influenced. The district court entered partial summary judgment in favor of Steven and Gail, but the North Dakota Supreme Court reversed and remanded, concluding William Nelson raised genuine issues of material fact on his claims of lack of capacity and undue influence. After a two-day trial in July and August 2019, the district court entered a judgment concluding the quitclaim deed was valid because Haykel did not lack mental capacity to execute the deed and was not unduly influenced. The judgment also awarded Steven and Gail attorney’s fees and costs, granted Steven authority to sell the condominium, and denied William's discovery claims and his motion to stay the proceedings to reopen Haykel’s probate. William raised twenty-one issues on appeal. The Supreme Court determined William did not seek a stay of the judgment before the condominium was sold. In addition, he did not claim his appeal involved great public interest. Therefore, the Court concluded the issues in the appeal relating to the sale of the condominium were moot, and dismissed that part of William Nelson’s appeal. Finding no other reversible error, the Supreme Court affirmed the trial court's judgment. View "Nelson, et al. v. Nelson" on Justia Law

Richard Powley appealed after a jury found him guilty of three counts of gross sexual imposition (GSI). Powley was on parole at the time of his arrest. Detectives believed there was evidence of communications between Powley and the victim of the aggravated assault on Powley’s cell phone. As part of the warrantless search of Powley’s cell phone, detectives discovered videos of Powley sexually assaulting an adult woman. These videos led to the GSI charges. On appeal, Powley argued the district court erred by denying his motion to suppress evidence obtained the warrantless search of his cell phone. The North Dakota Supreme Court had held previously that warrantless searches of supervised probationers based on reasonable suspicion were not unreasonable under the Fourth Amendment. "'By virtue of their status alone, parolees have 'everely diminished expectations of privacy.'" The Court concluded the district court did not err in denying Powley’s motion to suppress the evidence obtained from the warrantless search of his cell phone because the search of Powley’s cell phone was not in violation of his Fourth Amendment rights. View "North Dakota v. Powley" on Justia Law

Travis Yoney appealed a district court amended judgment after a jury found him guilty of attempted murder, burglary, reckless endangerment, and terrorizing. According to testimony at trial, in August 2018 Yoney fired a .22 caliber rifle into John and Jane Doe’s house. He then broke into the house and pointed the rifle at John Doe. John Doe tackled Yoney, and the rifle fired into the ceiling. Yoney argued on appeal that the jury convicted him of a non-cognizable offense, attempt to knowingly commit murder, and the State did not provide evidence he threatened to commit a crime. Further, he contended the jury gave an inconsistent, compromised verdict by finding him guilty of attempted murder and reckless endangerment. He claimed the evidence may support either charge individually, but it could not support the same conduct with different culpabilities for the same victim, John Doe. Finding no reversible error, the North Dakota Supreme Court affirmed Yoney's conviction. View "North Dakota v. Yoney" on Justia Law