Jensen , Justice . [ 1] Chase Swanson appeals from a district court's judgment finding him guilty of conspiracy to commit murder. The jury instructions allowed Swanson to be convicted of a conspiracy to "knowingly" cause the death of another human being. He argues conspiracy to "knowingly" cause the death of another human being is a non-cognizable offense because it does not require the actor to have had an intent to cause the death. We reverse the judgment of conviction on the charge of...
Jensen , Justice . [ 1] Daniel and Debra Bearce ("the Bearces") appeal from a judgment in favor of Yellowstone Energy Development LLC ("Yellowstone") entered following the parties' cross motions for summary judgment. The Bearces challenge the district court's exclusion of parol evidence to support their allegation of fraud in the inducement. The Bearces also challenge the district court's conclusion the Bearces were not owed a fiduciary duty. We affirm the district court's judgment...
Jensen , Justice . [ 1] Trina Iverson appeals from a district court order finding a prima facie case for modification of primary residential responsibility had not been established with regard to the parties' two youngest children, G.I.H. and G.O.H. Iverson also asserts the district court erred when it denied her motion to amend the findings and order. We reverse the district court's order and remand for an evidentiary hearing to determine whether modification of primary residential...
Per Curiam . [ 1] Bejan David Etemad appeals from a criminal judgment entered after a jury found him guilty of terrorizing. Etemad argues the verdict of guilty is not supported by sufficient evidence. We summarily affirm under N.D.R.App.P. 35.1(a)(3), concluding sufficient evidence supports Etemad's conviction. [ 2] Etemad also argues the State violated his due process rights by failing to comply with N.D.R.Crim.P. 16 and Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194, 10 L.Ed.2d 215 (...
Jensen , Justice . [ 1] Brittany Creech appeals a judgment evicting her from property in Williams County owned by Louis Tornabeni. Creech asserts Tornabeni's notice of intent to evict was deficient, the summary eviction proceeding violated her right to due process, the district court abused its discretion in excluding certain exhibits, the court's findings of fact were clearly erroneous, and the delivery of the deed was defective and prevented Tornabeni from obtaining ownership of the...
Crothers , Justice . [ 1] Jesseaca Finneman appeals from criminal judgments entered after a jury found her guilty of: (1) possession of more than 500 grams of marijuana with intent to deliver; (2) unlawful possession of hashish; and (3) two counts of unlawful possession of drug paraphernalia. Finneman argues she is entitled to a new trial because the jury verdict form for the charge of possession of more than 500 grams of marijuana with intent to deliver was confusing and misapplied the...
McEvers , Justice . [ 1] Happy House Movers, L.L.P., appeals from a district court order denying their motion to vacate the default judgment and granting Bickler's motion to strike the supporting affidavits. We affirm the district court's order. I [ 2] In April 2016, Steven and Linda Bickler commenced an action against Happy House Movers. The Bicklers had contracted with Happy House Movers to raise their house eight feet to protect the house against rising waters at Rice Lake. While...
Jensen , Justice . [ 1] Jeff Moen appeals from a judgment awarding Jason Haider damages for wrongful injury to timber. Moen argues the district court abused its discretion in excluding a jury instruction on treble damages and erred in admitting an expert's testimony. We affirm the district court's admission of expert testimony, reverse the district court's exclusion of a jury instruction on treble damages, and remand this case for a new trial. I [ 2] Haider owns seven acres of rural...
Per Curiam . [ 1] Richard Cullett, Jr., appeals from a criminal judgment entered after a jury found him guilty of terrorizing. Cullett argues the verdict of guilty is not supported by sufficient evidence. We summarily affirm under N.D.R.App.P. 35.1(a)(3). [ 2] Gerald W. VandeWalle, C.J. Lisa Fair McEvers Jon J. Jensen Jerod E. Tufte Daniel J. Crothers.
Per Curiam . [ 1] Joni Tillich and four others ("plaintiffs") appeal from an amended judgment and related orders after remand in Tillich v. Bruce, 2017 ND 21, 17, 889 N.W.2d 899 , for the district court "to award attorney fees" to Don Bruce and two others ("defendants") "after calculation of an award of fees based upon the accepted factors." The court considered those factors and awarded the defendants $14,672 in costs and attorney fees. Most of the issues raised by the plaintiffs are...
Per Curiam . [ 1] Jean-Michael Kisi appeals a criminal judgment entered after a jury found him guilty of gross sexual imposition and accomplice to attempted murder. On appeal, Kisi argues the evidence was insufficient to support the verdict. We summarily affirm under N.D.R.App.P. 35.1(a)(3). [ 2] Gerald W. VandeWalle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte
Tufte , Justice . [ 1] Sandon Erickson appeals from the district court's criminal judgment and order denying his motion to suppress. We affirm, concluding that extension of the stop for an explanation did not transform the stop into an unconstitutional seizure. I [ 2] In April 2017, Deputy Taylor Schiller was patrolling in an area north of Rugby, looking for a brown or tan Ford SUV that had been reported stolen. Deputy Schiller saw a vehicle matching that description. The SUV was...
McEvers , Justice . [ 1] Gene Grasser appeals from an amended judgment entered on March 17, 2017, awarding primary residential responsibility to Stephanie Grasser and distributing marital property and debts. We conclude the district court did not abuse its discretion by denying Gene's request for recusal or by finding Gene in contempt and awarding sanctions which it did not reimburse. We further conclude the court did not clearly err by awarding Stephanie primary residential responsibility...
Tufte , Justice . [ 1] Merritt Charles Horning III; Riggers Store Holdings, LLC; Riggers Store 1, LLC; Chase Merritt Management, Inc.; Chase Merritt, LP; and Racers Store Management, LLC (collectively the "Horning defendants") appeal from a district court order denying their motion to compel arbitration of Raymond Melendez's lawsuit against them. The issues in this appeal involve whether Melendez's claims against the Horning defendants concerning the operation of a convenience store in...
Tufte , Justice . [ 1] The State appeals from a district court order granting Tyler Fleckenstein's motion to suppress. Because the district court misapplied the law by ruling Fleckenstein's consent to a blood test was per se involuntary and thus did not consider the totality of the circumstances, we reverse the district court's order and remand for additional findings of fact and a determination of voluntariness on the basis of the totality of the circumstances. I [ 2] In March 2017,...
Crothers , Justice . [ 1] Dylan Joel Groce appeals from an amended criminal judgment and jury verdict finding him guilty of aggravated assault. Groce argues the district court abused its discretion by quashing subpoenas for two witnesses and denying a motion for mistrial. We affirm, concluding the district court did not err by quashing the subpoenas and did not abuse its discretion in denying Groce's motion for a mistrial. I [ 2] In the early morning hours of November 5, 2016 Groce...
McEvers , Justice . [ 1] Aaron Bruce appeals from a district court's amended criminal judgment awarding restitution. We conclude the district court did not abuse its discretion by amending the criminal judgment awarding restitution in the amount of $7,157.20. We affirm. I [ 2] In December 2015, the State charged Bruce with unlawful manufacturing, delivering, or possession with intent to deliver heroin; manslaughter; tampering in a criminal investigation; ingestion of a controlled...
Per Curiam . [ 1] Romez Michael Coleman, Jr., appeals from a criminal judgment for aggravated assault — domestic violence. Coleman argues the State presented insufficient evidence to sustain the guilty verdict and the district court erred in allowing testimony about two physical objects that were subject to a stipulation and order restricting their admission into evidence. Sufficient evidence exists to sustain the criminal judgment, and the district court did not abuse its discretion in...
Jensen , Justice . [ 1] Artec Homes, LLC ("Artec") appeals from the district court's amended judgment granting foreclosure in favor of Andrew Martin ("Martin"), and dismissing Artec's claims against Martin and Greyson Financial Services, Inc. ("Greyson"). We reverse and remand. I [ 2] This case is the fourth lawsuit relating to an unfinished real estate development referred to as Magic Meadows in Minot, North Dakota. Highpoint Properties, LLC ("Highpoint") originally owned 127...
McEvers , Justice . [ 1] Brenda Doll appeals from a district court order denying her motion for reconsideration of a disorderly conduct restraining order. We conclude the district court did not abuse its discretion by denying Doll's motion for reconsideration. We affirm. I [ 2] On November 7, 2016, Bruce Kautzman filed a petition for a disorderly conduct restraining order against Doll. The district court granted a temporary disorderly conduct restraining order and set a hearing for...
