On the bench with
State v. Krall
North Dakota Supreme Court · 2023-01-20 · cited 5×
In State v. Krall, the State appealed a district court order suppressing evidence obtained from a warrantless search of a Ford 500 vehicle in a case charging the defendant with murder and gross sexual imposition. The district court found that officers entered the vehicle without a warrant, consent, or valid exception after a probation officer and state's attorney declined to authorize a search or tow, and that the defendant had a reasonable expectation of privacy in the car. The Supreme Court of North Dakota affirmed, holding that the inventory-search exception and inevitable-discovery doctrine did not apply because the State failed to show the evidence would have been discovered through lawful means, such as a probation search, and the district court's findings were supported by the record. The court rejected the State's arguments that other exceptions like exigent circumstances or the automobile exception applied.
criminal lawprocedure
State v. Smith
North Dakota Supreme Court · 2023-01-05 · cited 1×
In State v. Smith, the defendant was charged with attempted murder, reckless endangerment, and tampering with physical evidence after a shooting at a bar in Williston, North Dakota. A jury convicted him of reckless endangerment and tampering with physical evidence but acquitted him of attempted murder. The North Dakota Supreme Court affirmed the reckless endangerment conviction, holding that the district court did not err by omitting a self-defense instruction for that charge. It reversed the tampering conviction, concluding that the jury instructions omitted an essential element and that the evidence was insufficient to prove the defendant substantially obstructed prosecution of a felony, and remanded for entry of acquittal on that charge.
criminal lawprocedureguns
Norberg v. Norberg
North Dakota Supreme Court · 2023-01-05 · cited 1×
This case involved a dispute over a money judgment entered against Alonna Knorr for her share of unpaid expenses under a prior divorce judgment with Jon Norberg. Knorr appealed after the district court denied her motion to dismiss or vacate the judgment, arguing that a global settlement agreement between the parties had resolved the issues. On remand from a prior appeal, the district court again denied relief under N.D.R.Civ.P. 60(b), finding that Knorr failed to show the settlement agreement was enforceable (as it required full payment by her, which was not established in the record) and failed to explain her delay in raising the agreement. The North Dakota Supreme Court affirmed, holding that the district court did not abuse its discretion because Knorr did not meet her burden to establish sufficient grounds for relief from the judgment.
family lawprocedure
State v. Smith
North Dakota Supreme Court · 2023-01-05 · cited 8×
In State v. Smith, the defendant was charged with attempted murder, reckless endangerment, and tampering with physical evidence following a shooting at a bar in Williston, North Dakota. A jury convicted him of reckless endangerment and tampering but acquitted him of attempted murder. The North Dakota Supreme Court affirmed the reckless endangerment conviction, holding that the district court did not err by omitting a self-defense instruction for that charge even though one was given for attempted murder. The court reversed the tampering conviction, finding an obvious error in the jury instructions that omitted an essential element and insufficient evidence that the defendant's actions substantially obstructed or impaired a felony prosecution, and remanded for entry of acquittal on that charge.
criminal lawprocedure
Quamme v. Quamme
North Dakota Supreme Court · 2023-01-05
In this divorce case, the parties had stipulated to all issues except spousal support and child support. The district court ordered Chad Quamme to pay $1,368 per month in child support, based on a five-year average of his income, and $2,000 per month in spousal support for five years. On appeal, the North Dakota Supreme Court reversed and remanded, holding that the district court failed to properly calculate child support under the guidelines by averaging income without adequate explanation and by improperly including earnings from a prior employer. The court further held that the record did not support the spousal support award because Chad Quamme's documented expenses exceeded his current income, rendering the obligation unrealistic.
family law
Norberg v. Norberg
North Dakota Supreme Court · 2023-01-05 · cited 1×
This case involved an appeal by Alonna Knorr from a money judgment entered against her for her share of unpaid expenses under a divorce judgment with Jon Norberg. Knorr sought to dismiss or vacate the judgment based on a global settlement agreement she claimed resolved the issues, but the district court denied her motion under N.D.R.Civ.P. 60(b). On remand from a prior decision, the court found that Knorr had not explained her delay in raising the agreement and had not shown it was enforceable, as it required full payment to Norberg before becoming effective. The North Dakota Supreme Court affirmed, holding that the district court did not abuse its discretion in denying relief because Knorr failed to meet her burden under Rule 60(b).
family lawprocedure