Justia North Dakota Supreme Court Opinion Summaries

Kyle Christianson appealed a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges. Christianson claimed the Department’s hearing file, which was admitted at the adjudication hearing, was improperly certified as a true copy of the Department’s official records. After review, the North Dakota Supreme Court concluded Christianson rebutted the presumption that the individual whose signature certified the record had authority to do so. Therefore, the Court reversed the hearing officer’s decision to admit the hearing file and vacated the Department’s suspension of Christianson’s driving privileges. View "Christianson v. NDDOT" on Justia Law

Samantha Schweitzer appealed a district court order dismissing her petition for a child custody order. Schweitzer and Blake Miller have one child together, born in Wisconsin in 2014. Schweitzer had primary custody of the child after the child’s birth. On January 6, 2017, Schweitzer and the child moved from Wisconsin to North Dakota. On January 13, 2017, Miller petitioned in Wisconsin for joint custody and parenting time. After an August 2018 hearing, the parties stipulated they would have joint custody of the child and Schweitzer would move to Madison, Wisconsin. The Wisconsin court entered an order on the basis of the parties’ stipulation. In January 2019, Schweitzer petitioned for an emergency child custody order and initial child custody determination or modification of child custody determination in North Dakota. Miller moved to dismiss the petition, arguing the district court did not have subject matter jurisdiction to decide Schweitzer’s petition. Miller claimed the Wisconsin court had jurisdiction to decide custody issues relating to the child. The North Dakota district court determined it lacked jurisdiction to decide Schweitzer's petition, and the North Dakota Supreme Court concurred with that judgment. View "Schweitzer v. Miller" on Justia Law

Russell Craig appealed a trial court's denial of his motion to withdraw his guilty plea to murder. In 2006, Craig was charged with murder. A year later, he was sentenced to life without the possibility of parole. Craig testified when he arrived at the Department of Corrections and Rehabilitation (DOCR) he received a case plan stating he was eligible for parole in 20 years based on his life expectancy of 67 years less his then-current age of 44. In 2007 Craig wrote a letter requesting reduction of his sentence. In the letter Craig wrote the district court “Currently on a life sentence [I] have to [s]erve 85 [percent] of 30 years. I would be able to see the p[a]role board in 26.5 years . . . .” The court treated the letter as a motion for reduction of sentence and denied the requested relief. In 2017, the district court clerk sent Craig a letter regarding a statutory change requiring a calculation of life expectancy for life sentences with the possibility of parole. In 2018, Craig filed a motion to withdraw his guilty plea because he believed he was eligible for parole after 20 years as outlined on his DOCR case plan which calculated his remaining life expectancy at 23 years, and not 85 percent of his remaining life expectancy of 33.8 years under the State’s calculation based on N.D. Sup.Ct. Admin. R. 51. Craig argues his sentence was illegal, the district court violated the prohibition on ex post facto punishment, and the district court erred by denying Craig’s motion to withdraw his plea. The North Dakota Supreme Court affirmed, finding the evidence established Craig understood his plea deal, including that he had to serve a minimum of 30 years less reduction for good conduct. Therefore, the district court did not abuse its discretion in finding a manifest injustice did not exist. View "North Dakota v. Craig" on Justia Law

Wendy Willprecht appealed and Kevin Willprecht cross-appealed a judgment granting the parties a divorce, distributing the marital estate, awarding primary residential responsibility for the parties’ children, and ordering child support. After review of the trial court record, the North Dakota Supreme Court concluded the district court’s property distribution was not clearly erroneous, but the court erred in calculating Kevin's child support obligation. View "Willprecht v. Willprecht" on Justia Law

Jeffrey Krogstad was convicted by jury of gross sexual imposition on a six-year-old victim. Krogstad argued on appeal that: (1) admission of video of the victim’s forensic interview violated his Sixth Amendment right to confrontation; (2) the district court abused its discretion in admitting the video under N.D.R.Ev. 803(24); and (3) there was insufficient evidence to sustain the guilty verdict. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Krogstad" on Justia Law

Frank West appealed after he conditionally pled guilty to possession with intent to manufacture or deliver a controlled substance. West moved to suppress evidence alleging it was obtained during an unconstitutional search. The district court denied his motion holding the search was a valid probationary search and West lost his opportunity to seek suppression because he did not object at the time of the search. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment. View "North Dakota v. West" on Justia Law

This litigation involved a dispute over mineral interests located in Mountrail County, North Dakota, and other property owned by Vera Mitchell and her estate. Tarryl Joyce, as the estate's administrator, appealed a district court judgment granting Steven Joyce’s motion for dismissal of Tarryl's claims against him for actions he took while acting as Vera Mitchell’s attorney-in-fact. In 2006, Vera executed a durable power of attorney appointing her son, Steven Joyce, as attorney-in-fact. Vera executed a last will and testament the same day. In 2008, due to dementia and declining mental health, Steven moved his mother from an assisted living facility in Grand Forks, North Dakota, to a memory care facility in Carrolton, Texas, near his home. In 2011, Steven, as Vera's attorney-in-fact, executed and recorded a quit claim deed transferring all of Mitchell’s mineral interests to himself. Steven also wrote several checks to himself and others and made purchases using Mitchell’s Wells Fargo checking account as Mitchell’s attorney-in-fact. Tarryl alleged Steven made improper investments and purchased property using their mother's assets. When asked for an accounting of Vera's assets, Steven responded that the assets were depleted due to costs incurred for Vera's stay at the nursing facility. Tarryl sued to recover the assets. A settlement was reached, wherein Steven would pay back monies spent out of Vera's assets. The agreement was to be guaranteed by a second mortgagee on Steven's home. After being advised by Texas counsel that the second mortgage might be invalid under Texas law, Tarryl's counsel believed the settlement with Steven would not be binding. Because Steven believed the parties had reached a valid and enforceable settlement, he moved for dismissal when Tarryl sued pursuant to the agreement. The North Dakota Supreme Court concurred with the district court that Tarryl presented no evidence that the second mortgage was invalid under Texas law, so it was proper for the district court to dismiss her case. View "Joyce v. Joyce" on Justia Law

North Star Mutual Insurance appealed a declaratory judgment holding that a commercial general liability policy it issued to Jayme Ackerman, doing business as Ackerman Homes, provided coverage for Ackerman’s potential liability arising from an accident involving Kyle Lantz, and that North Star has a duty to defend Ackerman. North Star argued the district court erred in finding coverage because the policy excluded accidents arising out of the use of an automobile. Finding no reversible error in the trial court's judgment, the North Dakota Supreme Court affirmed. View "North Star Mutual Insurance v. Ackerman, et al." on Justia Law

Mohamed Awad appealed a district court order denying his motion to withdraw his guilty plea to a charge of knowingly voting when not qualified to do so. On appeal, Awad argued the district court should have allowed him to withdraw his guilty plea because he was not adequately advised under N.D.R.Crim.P. 11(b) of the possible immigration consequences of pleading guilty, and because he received ineffective assistance of counsel. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "North Dakota v. Awad" on Justia Law

T.P.-G. appealed the termination of her parental rights. On appeal, T.P.-G. argued she was denied due process and the juvenile court erred by denying her request to appear by telephone. A petition for involuntary termination of parental rights to a child, A.P.D.S.P.-G., was filed in the juvenile court. After a trial date was set, the mother, T.P.-G, filed a request to appear by phone because she lived in Wisconsin. The court denied the request. At trial, counsel stated T.P.-G. wished to contest the termination, regardless of whether she was able to attend the trial. Counsel stated T.P.-G. regretted being unable to attend, but T.P.-G. was saving her money to travel to see A.P.D.S.P.-G. for his birthday. After trial, the juvenile court found A.P.D.S.P.-G. was a deprived and abandoned child and terminated T.P.-G.’s parental rights to the child. Finding no due process violation, the North Dakota Supreme Court affirmed termination. View "Interest of A.P.D.S.P.-G." on Justia Law