Justia North Dakota Supreme Court Opinion Summaries

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

The State appealed the suppression of evidence in criminal proceedings initiated against Jordan Selzler and Kelsey Jankowski. The criminal charges against Selzler and Jankowski stemmed from evidence gathered during the same traffic stop, the hearing on the motions to suppress evidence was held jointly, and the cases were consolidated for purposes of appeal. The State argued the district court incorrectly found the traffic stop was unlawful because law enforcement lacked reasonable suspicion for the stop. After review, the North Dakota Supreme Court affirmed the suppression of the evidence gathered after the traffic stop. View "North Dakota v. Selzler" on Justia Law

Tara Soucy appealed after a jury found her guilty of child neglect. On appeal, Soucy argued the district court erred by refusing to take judicial notice of a related conviction of the children’s father. After review, the North Dakota Supreme Court concluded the district court did not abuse its discretion by declining to take judicial notice. Though the Court affirmed the conviction, it remanded for the trial court to correct the judgment to accurately reflect the statutory citation for child neglect. View "North Dakota v. Soucy" on Justia Law

Janet Gerving appealed a judgment granting Ben Gerving a divorce and distributing their marital property. Janet argued the district court’s property distribution was clearly erroneous because it was not equitable and the court did not adequately explain the substantial disparity. The North Dakota Supreme Court determined the district court was attempting to keep the farming operation viable and respect the parties’ desire to keep the real property available for the parties’ children, "but there are other ways it can be accomplished with an equitable distribution and without limiting the distribution to Janet Gerving based on what Ben Gerving can afford to pay." The Court was left with a "definite and firm conviction a mistake was made, and concluded the district court's property distribution was clearly erroneous. The matter was thus remanded for the court to make an equitable property division. The Court affirmed the district in all other respects. View "Gerving v. Gerving" on Justia Law

Erica Sims appealed a judgment granting her a divorce from Larry Sims. She argued the district court’s parenting time decision was clearly erroneous, the court erred in determining the value of certain marital property, the court erred by failing to award her spousal support, and the court erred by ordering her to reimburse Larry for half of the airfare he incurred related to missed parenting time. After review, the North Dakota Supreme Court concluded the district court’s property valuations, parenting time, and spousal support decisions were not clearly erroneous. However, the Court determined the court erred by failing to include all of the parties’ stipulated terms related to the property distribution in the judgment without providing an explanation why the provisions were excluded, the court erred in determining the amounts Larry was required to reimburse Erica pursuant to the interim order, and the court abused its discretion by ordering a remedial contempt sanction without finding Erica in contempt. The matter was thus remanded for further proceedings. View "Sims v. Sims" on Justia Law

Trevor Rustad appealed an amended judgment modifying a previous parenting plan. Mary Baumgartner cross-appealed an order denying her motion to modify parenting time. The parties had two minor children together, L.J.B., born in 2017, and L.B.R., born in 2015. The district court awarded primary residential responsibility to Baumgartner and parenting time to Rustad. Finding no reversible error in the district court's judgment, the North Dakota Supreme Court affirmed. View "Rustad v. Baumgartner" on Justia Law

Anthony Washington appealed a district court's judgment entered following Washington’s conditional guilty pleas to fleeing from a law enforcement officer and preventing arrest. Washington was stopped for speeding. During the traffic stop, at the request of the officer, Washington produced a Michigan driver’s license. While producing his driver’s license Washington informed the officer his license had recently been reinstated, explained the Michigan records may not have been up-to-date, and noted the records may not reflect the reinstatement of his license. After being informed Washington’s driving privileges were under suspension, the officer returned to Washington’s vehicle to place him under arrest for driving with a suspended license. Washington again tried to explain his belief his license was valid. After an unsuccessful attempt to convince the officer his license was valid, Washington fled the scene. Washington argued on appeal that the district court erred in denying his motion to suppress evidence because his arrest was illegal. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Washington" on Justia Law