Justia North Dakota Supreme Court Opinion Summaries

The Department of Transportation appealed a district court judgment reversing a hearing officer’s decision suspending Jeremy Grove’s driver’s license. Grove was arrested and cited for driving under the influence of alcohol. A chemical test showed Grove had a blood alcohol concentration of .232% by weight. The hearing officer suspended Grove’s driver’s license for 180 days concluding, based on the results of the field sobriety tests, the arresting officer had reasonable grounds to arrest Grove, Grove was tested in accordance with N.D.C.C. 39-20-01, and Intoxilyzer test results showed Grove had an alcohol concentration of at least .08% by weight. Grove appealed the hearing officer’s decision to the district court. Grove argued: (1) the hearing officer erred by admitting the Report and Notice form into evidence when it contained the results of the on-site screening test and probable cause was not challenged; and (2) omission of the phrase “directed by the law enforcement officer” from the implied consent advisory rendered the advisory incorrect under the North Dakota Supreme Court’s then-recently issued opinion City of Bismarck v. Vagts, 932 N.W.2d 523 (2019). Grove did not argue to the district court that adding the words “breath” and “urine” rendered the advisory incorrect as he did at the administrative hearing. The district court reversed the hearing officer’s decision. The court determined, “omission of the phrase ‘directed by the law enforcement officer’ was a substantive omission and not in compliance with the statutory requirements for the implied consent advisory” under Vagts. The Department argued the district court erred in reversing the hearing officer’s decision based on an issue Grove failed to preserve for appeal. To this argument, the North Dakota Supreme Court concurred: Grove did not raise the same issue on appeal to the district court that he did at the administrative hearing or in his specification of error to the district court, the issue was precluded from review. The district court's judgment was reversed and the administrative hearing officer's decision reinstated. View "Grove v. NDDOT" on Justia Law

Austin Pouliot appealed following his conditional guilty plea to driving under the influence. Pouliot preserved his right to challenge the denial of his motion seeking to exclude from evidence the results of a chemical test. Pouliot contended the results should have been excluded from evidence pursuant to N.D.C.C. 39-20-01(b) because law enforcement failed to properly administer the chemical test when the arresting officer who read the post-arrest implied consent warning was not the officer who conducted the testing. Finding no reversible error, the North Dakota Supreme Court affirmed. "As a matter of law ... N.D.C.C. 39-20-01(b), does not apply because this is a criminal proceeding and because this case does not involve a refusal to take the chemical test." View "North Dakota v. Pouliot" on Justia Law

National Parks Conservation Association (“NPCA”) appealed a judgment affirming a final permit decision by the North Dakota Department of Environmental Quality, formerly the Department of Health Environmental Health Section, to issue Meridian Energy Group, Inc. an air quality permit to construct a refinery. In October 2016, Meridian submitted its initial application and supporting documentation to the Department for a permit to construct the Davis Refinery, as required under North Dakota’s air pollution control rules implementing the federal Clean Air Act. The Department received over 10,000 comments, with most of the substantive comments coming from NPCA, the National Park Service, and the Environmental Protection Agency. NPCA filed comments with the Department supported by its two experts’ opinions, asserting that Meridian’s oil refinery would be a “major source,” rather than a “minor source,” of air pollution and that the permit does not contain “practically enforceable” emissions limits under the federal Clean Air Act and North Dakota’s air pollution control rules implementing the Clean Air Act. After considering public comments and Meridian’s responses, the Department’s Air Quality Division recommended to the State Health Officer that the Department issue a final permit because the Davis Refinery’s emissions are expected to comply with the applicable North Dakota air pollution control rules. The North Dakota Supreme Court concluded the Department did not act arbitrarily, capriciously, or unreasonably in issuing the permit. View "Nat'l Parks Conservation Assn., et al. v. ND Dept. of Env. Quality, et al." on Justia Law

Michael Truelove appealed dismissal of his application for post-conviction relief. Truelove alleged he received ineffective assistance of counsel during his trial and requests his criminal judgment vacated. Truelove claimed: (1) he did not consent to his counsel’s concession to the jury that he struck the victim; (2) he was coerced into testifying at trial; and (3) there was a lack of effective communication with his trial counsel. Finding no reversible error or constitutionally ineffective performance, the North Dakota Supreme Court affirmed. View "Truelove v. North Dakota" on Justia Law

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