Justia Criminal Law Opinion Summaries

Jessica Broom appealed a judgment entered upon a conditional guilty plea to possession of drug paraphernalia and possession of a controlled substance with intent to deliver, reserving her right to appeal the denial of her motion to suppress evidence. Bismarck Police Officers Jones and Girodat were on patrol, stopped at a railroad crossing waiting for a train to pass. The officers checked the license plate of the red 1998 Pontiac Grand Prix in front of them. The license plate check revealed the car was stolen, and once the train passed, the officers stopped the vehicle. Because the stop was a "felony, high-risk" stop, the officers approached the stolen vehicle with their handguns out. Officer Jones approached the driver's side. Officer Girodat approached the passenger side. The officers repeatedly instructed the occupants to get their hands up, and the driver complied immediately. The passenger, who the officers recognized from previous drug arrests as Jessica Broom, did not comply with the officers' orders. Broom moved side to side in the vehicle, made furtive movements in the passenger compartment, and did not put her hands up. Officer Jones took the driver into custody while Officer Girodat detained Broom after removing her from the vehicle. Other officers arrived at the scene and a female officer, Officer Gallagher, approached as Broom was being handcuffed. Officers Jones and Girodat told Officer Gallagher that Broom was known to conceal items in her orifices, had not complied with commands, and she appeared to be moving around in the vehicle after the stop. As Officer Gallagher conducted a pat-down search of Broom's person, she felt a large, soft bulge in Broom's bra which Broom claimed was cash. Officer Gallagher retrieved the money from the bra to verify Broom's claim. In addition to a wad of money, Officer Gallagher discovered a baggie filled with several other baggies, a small glass vial, and a rolled-up ten dollar bill. Officer Gallagher put Broom in the back of her police car and placed her under arrest. In response to her motion to suppress the evidence from that search, the district court determined: "the uncertainty of what Broom was concealing, together with the facts that Broom was discovered in a stolen vehicle, that Broom had failed to comply with their lawful commands and continued to make furtive actions after being directly told to stop doing the same, her extreme anxiety and nervousness, in addition to the officer's knowledge of Broom's criminal history and ability to furtively conceal items on and in her body, they had reasonable grounds to search for possible weapons and to determine what was concealed in her bra." The North Dakota Supreme Court reversed, finding that the search of Broom, while she was handcuffed, away from the vehicle, with a "soft" or "squishy" bulge in her bra was not enough to suggest it was "of the size and density that might be a weapon justifying a more intrusive search." The Court therefore concluded the police officer's invasive search of Broom's person violated her rights under the Fourth Amendment and N.D. Const. art. I, section 8. The Court reversed and remanded for further proceedings. View "North Dakota v. Broom" on Justia Law

In April 2017, Deputy Taylor Schiller was patrolling in an area north of Rugby, North Dakota, looking for a brown or tan Ford SUV that had been reported stolen. Deputy Schiller saw a vehicle matching that description. The SUV was actually maroon, but Deputy Schiller testified it initially appeared to be tan because it was covered with dirt and road dust. This vehicle pulled over and came to a stop without a signal to stop from Deputy Schiller. Deputy Schiller pulled over as well, exited his squad car, and attempted to contact the driver. Before he made contact with the driver, the SUV drove away. Deputy Schiller was unable to read the license plate number of the SUV at that time. Deputy Schiller returned to his car and activated his emergency lights. After the SUV again pulled over, Deputy Schiller exited his vehicle to make contact with the driver. Prior to making contact, he read the license plate number and noted that it did not match the license plate number of the stolen SUV. As he continued to approach the vehicle, Deputy Schiller recognized the driver as defendant Sandon Erickson. Because of their prior contacts, he knew Erickson had a suspended license. Deputy Schiller also saw an open case of Keystone Light beer in the front-seat passenger side of Erickson's vehicle. He then informed Erickson that he had stopped him pursuant to a stolen vehicle investigation. Deputy Schiller testified he could detect the odor of alcohol, and he arrested Erickson for driving under the influence. Erickson moved to suppress evidence obtained after the deputy read the plate and ruled out the vehicle as stolen. The district court denied Erickson's motion. The North Dakota Supreme Court affirmed, concluding that extension of the stop for an explanation did not transform the stop into an unconstitutional seizure. View "North Dakota v. Erickson" on Justia Law

J. Erin Rourke appealed a district court's order denying his application for post-conviction relief. The State charged Rourke with gross sexual imposition and corruption or solicitation of minors. Following a trial held in May 2016, the jury returned a verdict of guilty as to the gross sexual imposition charge and a verdict of not guilty as to the corruption or solicitation of minors charge. Rourke appealed his conviction, arguing insufficient evidence to sustain the jury's verdict. The North Dakota Supreme Court affirmed because Rourke failed to preserve his sufficiency of the evidence argument for appeal by failing to move for a judgment of acquittal at trial under N.D.R.Crim.P. 29, and Rourke made no argument that an obvious error occurred, which was an exception to the requirement to move for acquittal. Rourke argued the trial court erred by denying his application for post-conviction relief because he received ineffective assistance of counsel. Finding no such ineffective assistance, the Supreme Court affirmed denial of relief. View "Rourke v. North Dakota" on Justia Law

Brandon Morel appealed a district court order denying his application for post-conviction relief in which he asked the district court to vacate a criminal conviction for refusal to submit to a chemical test in 2014. In August 2014, Morel was arrested and cited for driving under the influence of intoxicating liquor and refusal to submit to a chemical test. Morel moved to dismiss the refusal charge on the basis that the refusal statute was unconstitutional. The district court ruled the refusal statute was not unconstitutional. In August 2015, the North Dakota Supreme Court summarily affirmed Morel's judgment. In 2016, the U.S. Supreme Court announced its ruling in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) that "motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense." In May 2017, Morel filed an application for post-conviction relief, asking the district court to vacate his criminal conviction for refusal to submit to a chemical test. Morel argued the Supreme Court's decision in Birchfield should have been applied retroactively. The district court denied his application, finding Birchfield was a new federal rule of criminal procedure that did not apply retroactively. The North Dakota Supreme Court reversed, concluding Birchfield applied retroactively to this case. View "Morel v. North Dakota" on Justia Law

Randy Jensen appealed a district court order denying his application for post-conviction relief. In February 2016, Jensen was charged in district court case 09-2016-CR-537 with possession of methamphetamine. Gordon Dexheimer was appointed as counsel in that matter. Attorney Ross Brandborg represented Jensen in several other criminal cases. Dexheimer, Brandborg, and the State reached a "global resolution" to resolve all of Jensen's cases. In May 2016, Jensen wrote a letter requesting new counsel in 09-2016-CR-537. Dexheimer moved to withdraw from the case, and a hearing was held. The district court allowed Dexheimer to withdraw, and Brandborg, who was present at the hearing, represented Jensen on all of his matters. After 09-2016-CR-537 was called, the district court incorrectly stated that the preliminary hearing had already taken place. The district court then asked for Jensen's plea. Jensen pleaded guilty and was sentenced. In December 2016, Jensen applied for post-conviction relief on the basis of ineffective assistance of counsel and failure to provide a preliminary hearing. At the post-conviction hearing, Brandborg testified to his representation. Jensen did not present evidence. The district court entered an order denying Jensen's application. On appeal, Jensen argued he received ineffective assistance of counsel. The right to a preliminary hearing is waived when a defendant fails to raise the issue at an arraignment or change of plea hearing and proceeds to plead guilty. After review of the district court record, the North Dakota Supreme Court found Because the district court did not err by denying Jensen's application for post-conviction relief, and affirmed. View "Jensen v. North Dakota" on Justia Law

In February 2015, officers seized $3,260 in United States currency from Ronald Newhauser. Newhauser was a passenger in a vehicle where police discovered methamphetamine and other paraphernalia. Newhauser was charged in connection with this stop in district court, but those charges were later dismissed because of federal charges relating to the incident against Newhauser. The State served Newhauser in this forfeiture action in September 2017. Newhauser moved for summary judgment, which he supported with an affidavit. In his affidavit, Newhauser admitted the $3,260 was in his wallet and officers seized it as part of the traffic stop. Newhauser also said he obtained the $3,260 from his social security disability income and savings from working occasionally for a contractor. The State responded to Newhauser's motion, but it did not support its response with any affidavits or other evidence. In its response, the State argued Newhauser raised factual questions through his affidavit requiring an evidentiary hearing. The State never scheduled a hearing on the motion for summary judgment. The district court granted Newhauser's motion for summary judgment, noting the State and Newhauser's arguments regarding the promptness of the action and lack of significant nexus between the property seized and offense committed. But the district court concluded the State failed to rebut any facts set forth by Newhauser in his affidavit. Because the State failed to present any evidence that created a genuine dispute of material fact, the district court granted Newhauser's motion for summary judgment without holding a hearing. The district court entered a judgment requiring the State to return the $3,260 to Newhauser. The State appealed. Finding no reversible error in the grant of summary judgment to Newhauser, the North Dakota Supreme Court affirmed. View "North Dakota v. $3260.00 United States Currency" on Justia Law

LeRoy Wheeler appeals a district court judgment granting Governor Doug Burgum's motion to dismiss and denying Wheeler's motion to appoint counsel. Wheeler was an inmate at the North Dakota State Penitentiary ("NDSP"), who filed a complaint alleging civil rights violations under 42 U.S.C. 1983 by Governor Burgum in both his official capacity and his personal capacity. The complaint alleged Governor Burgum failed to supervise and govern officials and staff at the NDSP. Wheeler claims that NDSP officials and staff interfered with his mail, discriminated against him on the basis of race, denied him access to the courts, prevented him from challenging the conditions of his confinement, and retaliated against him for exercising his rights. Wheeler sent Governor Burgum two letters commenting on the conduct of these individuals. Governor Burgum did not respond to the letters. Wheeler sought injunctive relief against Governor Burgum in his official capacity for failing to supervise the actions of officials and staff at the NDSP. Wheeler also sought punitive damages for Governor Burgum's failure to respond to his letters or otherwise investigate the issues described in his letters. Additionally, Wheeler moved for appointed counsel. Governor Burgum moved to dismiss the complaint under N.D.R.Civ.P. 12(b)(6) and opposed Wheeler's motion to appoint counsel. The district court granted Governor Burgum's motion to dismiss and denied Wheeler's motion for appointment of counsel. The North Dakota Supreme Court agreed Wheeler failed to state a claim for which relief can be granted, so the district court did not err by granting Governor Burgum's motion to dismiss. Further, the district court did not err by denying Wheeler's motion to appoint counsel. View "Wheeler v. Burgum" on Justia Law

Courtney Krueger appealed a judgment affirming a decision of the Department of Transportation suspending his driving privileges for two years. Because the Traill County sheriff's deputy had jurisdiction to make the arrest in Grand Forks County and Krueger's statutory rights and constitutional rights were not violated by the deputy's administration of three breath tests, the North Dakota Supreme Court affirmed. View "Krueger v. N.D. Dep't of Transportation" on Justia Law

In 2007, Tilmer Everett was convicted by jury of gross sexual imposition. In August 2015, the district court barred Everett from future filings without the court's permission. Everett appealed a district court order denying his petition for post-conviction relief based on alleged newly discovered evidence. Everett argued the district court erred in denying his petition and denying his request for an evidentiary hearing. Because Everett was subject to an order prohibiting him from filing new or additional post-conviction relief claims, the North Dakota Supreme Court treated the district court's current order as denying Everett leave to file additional motions. The Court held orders denying leave to file were not appealable. Therefore, the Court dismissed Everett's appeal. View "Everett v. North Dakota" on Justia Law

Joshua Cook appealed after a jury found him guilty of possession of methamphetamine with intent to deliver, possession of heroin, possession of methadone, possession of drug paraphernalia, and possession of marijuana. The North Dakota Supreme Court concluded the district court did not abuse its discretion by admitting evidence after proper foundation was laid, the court did not abuse its discretion by not granting a departure from the mandatory minimum sentence, and the court did not err in considering Cook's prior convictions when sentencing. View "North Dakota v. Cook" on Justia Law