McEVERS , Justice . [ 1] James Nagel appeals from a criminal judgment entered on a conditional plea of guilty to driving under the influence of intoxicating liquor, reserving his right to appeal the district court's denial of his motion to suppress evidence. Nagel argues all evidence obtained after the administration of his pre-arrest onsite screening test should be suppressed because he did not voluntarily consent to the test. Because there is sufficient competent evidence to support the...
VANDE WALLE , Chief Justice . [ 1] Dennis and Charlene Deckert appealed from a summary judgment dismissing their action for a declaratory judgment and specific performance of an option to purchase certain Burleigh County real property and quieting title to the property in Margaret McCormick and Judy Hertz. Because we conclude there is no genuine issue of material fact that the Deckerts did not properly exercise the gratuitous option before it was revoked, we affirm the judgment. I [ 2]...
PER CURIAM. [ 1] David L. Thorson appeals from a district court order denying his application for postconviction relief. Thorson argues the district court erred in finding representation of his attorneys at trial and at his first postconviction relief proceeding, respectively, did not constitute ineffective assistance of counsel because counsel failed to call a witness at trial and, subsequently, counsel failed to argue the failure to do so at the first postconviction relief proceeding. We...
KAPSNER , Justice . [ 1] Stephan Podrygula and Psychological Services, P.C. (collectively "Podrygula") appeal from a district court order dismissing their complaint against Angela and William Bray for fraud and negligent infliction of emotional distress. We conclude there is no genuine issue of material fact, and the district court did not err in determining the statute of limitations had run. The order to dismiss without prejudice should be modified as an order dismissing the claim with...
PER CURIAM. [ 1] Bryan Reddig appeals from a district court order denying his motion to withdraw his plea of guilty. He argues the district court abused its discretion in denying his motion to withdraw his guilty plea under N.D.R.Crim.P. 11(d)(1)(B)(ii). We conclude the district court did not abuse its discretion, and we summarily affirm under N.D.R.App.P. 35.1(a)(4). [ 2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.
PER CURIAM. [ 1] Cassondra Ann Ayala appeals a district court order granting the State's motion for summary dismissal of Ayala's application for postconviction relief. Ayala argues the district court erred because she was entitled to an evidentiary hearing to challenge her conviction. The State argues dismissal was proper because Ayala failed to respond with competent admissible evidence after the State made a motion for summary dismissal. We affirm under N.D.R.App.P. 35.1(a)(7). See Ude v....
KAPSNER, Justice. [ 1] Rapheal Jamell Murphy appeals from a criminal judgment entered after he pleaded guilty to one count of delivering cocaine within 1,000 feet of a school. We affirm in part, concluding Murphy's guilty plea was entered in substantial compliance with N.D.R.Crim.P. 11. However, because the district court misinterpreted N.D.C.C. 19-03.1-23.2 in determining the scope of its discretion in sentencing Murphy, we vacate the sentence and remand for resentencing. I [ 2] In...
SANDSTROM, Justice. [ 1] Patricia Capps and others ("Capps") appeal, and Colleen Weflen and others ("Weflens") cross-appeal, from a judgment quieting title to certain Mountrail County mineral interests in the Capps and the heirs of Ruth Nelson's estate ("Hassans"). Because the district court erred as a matter of law in ruling the Weflens did not comply with the notice requirements in the abandoned mineral statutes, N.D.C.C. ch. 38-18.1, and because those requirements are constitutional, we...
SANDSTROM, Justice. [ 1] Hayden Capital USA, LLC, Hayden Capital Corp., Peter Williams, and Stephen Hayden (collectively "Hayden") and MDL Consulting Group, LLC and Andrew Zweig (collectively "MDL") appeal, and Northstar Founders, LLC cross-appeals from a district court judgment declaring that Northstar does not owe Hayden or MDL finder's fees for securing financing for a canola processing plant. We affirm. I [ 2] Northstar is a North Dakota company which was seeking financing to build a...
PER CURIAM. [ 1] Article VI, 4 of the North Dakota Constitution requires the agreement of at least four members of this Court to declare a statute unconstitutional. Justice Kapsner and Surrogate Judge Maring have concluded that H.B. 1297 is unconstitutional under the North Dakota Constitution, Chief Justice VandeWalle and Justice Sandstrom have concluded that H.B. 1297 is constitutional under the state constitution, and Justice Crothers has concluded that the state constitutional issue need...
CROTHERS, Justice. [ 1] Darrius Cortez Patterson appeals from a criminal judgment after a jury found him guilty of delivery of cocaine within 1000 feet of a school. Patterson argues the district court should have declared a mistrial because testimony given by a confidential informant and statements made by the State during opening and closing arguments affected his right to a fair trial amounting to obvious error under N.D.R.Crim.P. 52(b). We affirm. I [ 2] On September 9, 2011,...
PER CURIAM. [ 1] Tilmer Everett appeals from an order denying his petition alleging abuse of process and violation of his due process rights in his conviction for gross sexual imposition. Everett's conviction of gross sexual imposition was affirmed in State v. Everett, 2008 ND 126, 756 N.W.2d 344 . The denials of his numerous post-conviction applications also have been affirmed. See Everett v. State, 2012 ND 189, 821 N.W.2d 385 ; Everett v. State, 2011 ND 221, 806 N.W.2d 438 ;...
PER CURIAM. [ 1] Leigh Allen Gerhard Tveito appeals from a district court judgment affirming a North Dakota Department of Transportation hearing officer's order suspending his driving privileges. Tveito argues the blood test taken by law enforcement was a warrantless search, the Department failed to establish an exception to the warrant requirement, his alleged consent was not voluntary because he was threatened with criminal prosecution if he did not consent, and the hearing officer...
SANDSTROM, Justice. [ 1] Debra Ganske, Wesley Borgen, Michael Borgen, Sue Evans, and Linda McCoy ("the Borgens") appeal from a district court summary judgment quieting title (deciding ownership) in certain oil and gas leases in Golden Eye Resources, LLC ("Golden Eye") and dismissing their counterclaim for rescission or cancellation of the leases. Golden Eye has cross-appealed. We reverse and remand, concluding the district court erred in concluding the Borgens' fraudulent inducement claims...
VANDE WALLE, Chief Justice. [ 1] Western Horizons Living Centers petitioned this Court for a supervisory writ directing the district court to reverse an order compelling Western Horizons to answer discovery requests by Dakota Travel Nurse, Inc., for information involving a nursing home resident's prior lawsuit against Western Horizons. Western Horizons argues that its insurer's claims file in the prior lawsuit is protected by the lawyer-client privilege and that settlement negotiations and...
SANDSTROM, Justice. [ 1] After a jury trial, Faith Krueger appeals and Grand Forks County cross-appeals from a judgment in favor of the County in Krueger's action for breach of fiduciary duty, negligence, trespass to chattel, conversion, intentional infliction of emotional distress, and negligent supervision of a public administrator. Krueger raises issues about the district court's denial of her motion to compel discovery, the denial of her motion for a continuance, the denial of her claim...
VANDE WALLE, Chief Justice. [ 1] Robert E. Huss appealed from a domestic violence protection order prohibiting him from contacting S.L.W., a minor child, for a period of two years. Because the district court abused its discretion in admitting the child's hearsay statements about sexual abuse, which constitute the only evidence supporting issuance of the protection order, we reverse. I [ 2] In November 2013, S.L.W.'s mother petitioned the district court for a domestic violence protection...
SANDSTROM, Justice. [ 1] Tamri Dawn Stewart appeals from a criminal judgment entered on a conditional plea of guilty to class C felony abuse or neglect of a child, reserving the right to challenge the district court's denial of her motion to suppress evidence. Because the facts in this case do not support the district court's decision that a police officer's entry into Stewart's home was justified by the emergency exception to the warrant requirement, we reverse the criminal judgment and...
VANDE WALLE, Chief Justice. [ 1] Williams Company Construction, Inc., appealed from a judgment entered by the district court following a jury trial and from a district court order denying its motion for a new trial. We affirm the judgment and the order denying the motion for a new trial. I [ 2] In the spring of 2008, Williams Company Construction, Inc. ("Williams"), a company solely owned and managed by Glen Williams, entered into a construction contract to remodel the Friendly Smiles...
KAPSNER, Justice. [ 1] Adam Paul Frank appeals from a district court judgment affirming a Department of Transportation hearing officer's decision suspending Frank's driving privileges for driving under the influence of alcohol. We conclude proper foundation for the Intoxilyzer test results was not laid, and the administrative hearing officer erred in admitting the Intoxilyzer test results. We reverse the district court judgment. I [ 2] On July 12, 2013, a Burleigh County deputy clocked...
