MARING, Justice. [ 1] Marilyn Cordonnier, Brenda Klitzke, Darwin Van Berkom, Bradley Van Berkom, Mark Barenthsen, and Kathryn Barenthsen (collectively "Cordonniers") appeal from the trial court's judgment quieting title of an undivided one-half interest of the disputed mineral rights in favor of James and Betty Van Berkom. We hold the trial court's finding that the Cordonniers did not prove the presence of a mutual mistake justifying reformation by clear, satisfactory, specific, and...
CROTHERS, Justice. [ 1] The State appeals a district court order suppressing evidence discovered during a vehicle search following an alert by a drug detection dog. We reverse and remand for further proceedings. I [ 2] During routine patrol on December 17, 2010, North Dakota Highway Patrol Officer Christa Sommer encountered a vehicle stuck in the snow in the median of Interstate 94 near Mandan. Officer Sommer approached the vehicle, making contact with the driver, Carlos Aguilar, and the...
KAPSNER, Justice. [ 1] John Engstrom appeals from a district court judgment affirming the administrative revocation of his driver's license for four years after his arrest for being in actual physical control of a vehicle while under the influence of intoxicating liquor. Because we conclude the police officer in this case had reasonable suspicion to seize and probable cause to arrest Engstrom, we affirm. I [ 2] On September 13, 2010, Officer Peter Czapiewski of the Mandan Police Department...
MARING, Justice. [ 1] Veronica Trevino appeals from a criminal judgment entered after she conditionally pled guilty to reckless driving. Because we conclude the trial court erred in holding that reckless driving is a strict liability offense with no culpability requirement, we reverse the judgment and remand for further proceedings to allow Trevino to withdraw her guilty plea. I [ 2] In July 2009, the State charged Trevino with reckless driving under N.D.C.C. 39-08-03(1) alleging she...
KAPSNER, Justice. [ 1] Ernest Coppage appeals from an order dismissing his application for post-conviction relief. Coppage argues the district court erred in dismissing his application and he was entitled to an evidentiary hearing because there were genuine issues of material fact about his ineffective assistance of post-conviction counsel claim. We reverse and remand for an evidentiary hearing. I [ 2] In 2006, Coppage was charged with attempted murder. Before trial, the district court...
MARING, Justice. [ 1] Tim Sorenson appealed from an amended judgment awarding primary residential responsibility of his son to Jana Slater, the child's mother. We reverse and remand for further proceedings, concluding the district court did not exceed the scope of a prior remand but erred in admitting into evidence and relying upon the results of polygraph tests to conclude Sorenson had committed domestic violence. I [ 2] Sorenson and Slater, who were never married, had a child together in...
VANDE WALLE, Chief Justice. [ 1] Darl John Hehn appealed from a district court order denying his petition for release from civil commitment as a sexually dangerous individual. We reverse and remand because the district court did not make sufficient findings to permit adequate appellate review. I. [ 2] In 2006, Hehn was civilly committed as a sexually dangerous individual under N.D.C.C. ch. 25-03.3, and this Court affirmed the commitment order. Matter of Hehn, 2008 ND 36, 745 N.W.2d 631 ....
KAPSNER, Justice. [ 1] David Brian Warnke appealed the district court order denying his motion to vacate a default divorce judgment from Joan Marie Warnke. On appeal, David Warnke argued the district court abused its discretion in denying his motion to vacate the default judgment, because he appeared in the district court but did not receive adequate notice of the second hearing. David Warnke also argued the district court failed to obtain evidence a default judgment was appropriate and...
MARING, Justice. [ 1] Wanda Gottus appealed from a district court judgment affirming the decision of Job Service North Dakota denying her unemployment benefits and concluding she was discharged for actions constituting misconduct. We hold Job Service's decision that Gottus was discharged from her job for misconduct is supported by a preponderance of the evidence, and we affirm. I [ 2] In January 2008, Gottus began working as a cashier for Service Oil Inc. d/b/a Stamart. In addition to...
VANDE WALLE, Chief Justice. [ 1] Alman Andrew Wong appealed from a district court order denying his application for post-conviction relief. We affirm, concluding that Wong failed to establish a basis for post-conviction relief. I. [ 2] In August 2009, Wong pled guilty to gross sexual imposition and aggravated assault. After he entered his plea, but before sentencing, Wong's attorney moved to have Wong evaluated to determine his fitness to proceed and his criminal responsibility. The...
CROTHERS, Justice. [ 1] Chase Wisness ("Wisness") appeals the district court summary judgment in favor of Nodak Mutual Insurance Company ("Nodak") finding the Farm and Ranch Excess Liability Policy did not provide coverage for his claim. Wisness argues the district court erred by finding the insurance policy did not provide underinsured motorist coverage. We affirm. I [ 2] On June 1, 2007, Wisness was a passenger in a vehicle driven by an unrelated third party. An accident occurred, and...
KAPSNER, Justice. [ 1] Chadley Overlie appeals from a district court order dismissing his application for post-conviction relief. We conclude the court erred in summarily dismissing Overlie's application, and we reverse and remand for further proceedings. I [ 2] On September 14, 2009, Overlie pled guilty to one count of violation of a domestic violence protection order—second or subsequent offense. Under a binding plea agreement, the district court sentenced Overlie to one year and...
SANDSTROM, Justice. [ 1] Ben Simons appealed from a district court judgment affirming an order of the Department of Human Services finding that Simons had abused his two-year-old child and that services were required. We affirm, concluding the Department's findings that Simons had inflicted bodily injury, as defined by statute, upon the child and used unreasonable force are supported by a preponderance of the evidence and the relevant statutory provisions governing child abuse are not...
CROTHERS, Justice. [ 1] Lee Brandvold, Steve Bigelow, Dwight Johnson, Nikki Johansen, and Bruce Peterson (collectively "Brandvold") appealed from a district court judgment dismissing their petition for declaratory and injunctive relief. We affirm, concluding the district court did not err in granting judgment on the pleadings dismissing the petition under N.D.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief could be granted. I [ 2] In 2002, the Berthold Public School...
CROTHERS, Justice. [ 1] The United States District Court for the District of North Dakota certified a question to this Court whether we apply the "apparent manufacturer" doctrine to N.D.C.C. ch. 28-01.3. We answer the question "No." I [ 2] Ruth and Nathan Bornsen brought a products liability action in state district court against Pragotrade, LLC, Pragotrade, Inc., and Cabela's Retail, Inc., for negligence, strict liability, and breach of warranty, alleging Ruth Bornsen injured her hand on...
SANDSTROM, Justice. [ 1] Timothy Deviley and Ryan Lee appeal from the criminal judgments entered on their conditional guilty pleas for possession of marijuana with intent to deliver and reserving the right to appeal the order denying their motions to suppress evidence. Deviley and Lee argue they were seized in violation of the Fourth Amendment because they were detained without reasonable and articulable suspicion they were engaged in criminal activity. Lee further argues the length of time...
Kapsner, Justice. [ 1] Patricia Saltsman appealed the district court summary judgment and dismissal of her case against Ed Hasche. Saltsman argued the district court erroneously decided Hasche, a landowner, did not owe a duty toward Saltsman as a lawful entrant on Hasche's land. Saltsman also argued the district court made improper findings of fact to support the summary judgment in favor of Hasche. We reverse the summary judgment in favor of Hasche, and we remand for further proceedings in...
CROTHERS, Justice. [ 1] Gerald Carlson appeals, and Gary Carlson cross-appeals, from a district court judgment dissolving their farming and ranching partnership and settling their capital accounts in the partnership. We affirm in part, vacate in part, and reverse and remand in part, concluding: (1) the district court's finding the partners agreed there would be no accounting for unequal contributions of proceeds from the sale of individually owned land to pay partnership debt was not clearly...
SANDSTROM, Justice. [ 1] Karol Kelly appeals from a judgment in a divorce action brought by Richard Kelly in which the district court granted her custody of the parties' minor child, restrained her from interfering with Richard Kelly's insurance business for five years, and awarded Richard Kelly a $40,000 cash payment for Karol Kelly's conduct. We conclude the district court had subject matter jurisdiction to decide child custody, the court did not abuse its discretion in awarding Richard...
MARING, Justice. [ 1] Paul Smestad appeals from an order denying his application for post-conviction relief. We conclude Smestad's claim that his signature on a document extending his probation was not his signature is barred by res judicata. We also conclude that because Smestad's claims are barred by res judicata, he cannot establish his post-conviction trial counsel was ineffective. We affirm. I [ 2] In December 2003, Smestad pled guilty in Burleigh County to one count of theft by...
