Latest 7 Cases: Schweitzer v. Miller (Civil Procedure), Christianson v. NDDOT (Civil Procedure), North Dakota v. Craig (Constitutional Law)

Toxic Religious Liberty in the COVID-19 Era

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania, argues that governors and lawmakers should not be granting religious exemptions to stay-at-home orders imposed due to COVID-19. Hamilton points out that there are two prerequisites for legitimate religious exemptions, and the exemptions granted in twelve states have met neither.

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Schweitzer v. Miller

Citation: 2020 ND 79

Opinion Date: April 6, 2020

Judge: Daniel J. Crothers

Areas of Law: Civil Procedure, Family Law

Samantha Schweitzer appealed a district court order dismissing her petition for a child custody order. Schweitzer and Blake Miller have one child together, born in Wisconsin in 2014. Schweitzer had primary custody of the child after the child’s birth. On January 6, 2017, Schweitzer and the child moved from Wisconsin to North Dakota. On January 13, 2017, Miller petitioned in Wisconsin for joint custody and parenting time. After an August 2018 hearing, the parties stipulated they would have joint custody of the child and Schweitzer would move to Madison, Wisconsin. The Wisconsin court entered an order on the basis of the parties’ stipulation. In January 2019, Schweitzer petitioned for an emergency child custody order and initial child custody determination or modification of child custody determination in North Dakota. Miller moved to dismiss the petition, arguing the district court did not have subject matter jurisdiction to decide Schweitzer’s petition. Miller claimed the Wisconsin court had jurisdiction to decide custody issues relating to the child. The North Dakota district court determined it lacked jurisdiction to decide Schweitzer's petition, and the North Dakota Supreme Court concurred with that judgment.

Christianson v. NDDOT

Citation: 2020 ND 76

Opinion Date: April 6, 2020

Judge: Daniel J. Crothers

Areas of Law: Civil Procedure, Government & Administrative Law

Kyle Christianson appealed a district court’s judgment affirming the North Dakota Department of Transportation’s suspension of his driving privileges. Christianson claimed the Department’s hearing file, which was admitted at the adjudication hearing, was improperly certified as a true copy of the Department’s official records. After review, the North Dakota Supreme Court concluded Christianson rebutted the presumption that the individual whose signature certified the record had authority to do so. Therefore, the Court reversed the hearing officer’s decision to admit the hearing file and vacated the Department’s suspension of Christianson’s driving privileges.

North Dakota v. Craig

Citation: 2020 ND 80

Opinion Date: April 6, 2020

Judge: Daniel J. Crothers

Areas of Law: Constitutional Law, Criminal Law

Russell Craig appealed a trial court's denial of his motion to withdraw his guilty plea to murder. In 2006, Craig was charged with murder. A year later, he was sentenced to life without the possibility of parole. Craig testified when he arrived at the Department of Corrections and Rehabilitation (DOCR) he received a case plan stating he was eligible for parole in 20 years based on his life expectancy of 67 years less his then-current age of 44. In 2007 Craig wrote a letter requesting reduction of his sentence. In the letter Craig wrote the district court “Currently on a life sentence [I] have to [s]erve 85 [percent] of 30 years. I would be able to see the p[a]role board in 26.5 years . . . .” The court treated the letter as a motion for reduction of sentence and denied the requested relief. In 2017, the district court clerk sent Craig a letter regarding a statutory change requiring a calculation of life expectancy for life sentences with the possibility of parole. In 2018, Craig filed a motion to withdraw his guilty plea because he believed he was eligible for parole after 20 years as outlined on his DOCR case plan which calculated his remaining life expectancy at 23 years, and not 85 percent of his remaining life expectancy of 33.8 years under the State’s calculation based on N.D. Sup.Ct. Admin. R. 51. Craig argues his sentence was illegal, the district court violated the prohibition on ex post facto punishment, and the district court erred by denying Craig’s motion to withdraw his plea. The North Dakota Supreme Court affirmed, finding the evidence established Craig understood his plea deal, including that he had to serve a minimum of 30 years less reduction for good conduct. Therefore, the district court did not abuse its discretion in finding a manifest injustice did not exist.

North Dakota v. Krogstad

Citation: 2020 ND 74

Opinion Date: April 6, 2020

Judge: Jerod E. Tufte

Areas of Law: Constitutional Law, Criminal Law

Jeffrey Krogstad was convicted by jury of gross sexual imposition on a six-year-old victim. Krogstad argued on appeal that: (1) admission of video of the victim’s forensic interview violated his Sixth Amendment right to confrontation; (2) the district court abused its discretion in admitting the video under N.D.R.Ev. 803(24); and (3) there was insufficient evidence to sustain the guilty verdict. Finding no reversible error, the North Dakota Supreme Court affirmed.

North Dakota v. West

Citation: 2020 ND 74

Opinion Date: April 6, 2020

Judge: Gerald W. VandeWalle

Areas of Law: Constitutional Law, Criminal Law

Frank West appealed after he conditionally pled guilty to possession with intent to manufacture or deliver a controlled substance. West moved to suppress evidence alleging it was obtained during an unconstitutional search. The district court denied his motion holding the search was a valid probationary search and West lost his opportunity to seek suppression because he did not object at the time of the search. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment.

Willprecht v. Willprecht

Citation: 2020 ND 77

Opinion Date: April 6, 2020

Judge: Jerod E. Tufte

Areas of Law: Family Law

Wendy Willprecht appealed and Kevin Willprecht cross-appealed a judgment granting the parties a divorce, distributing the marital estate, awarding primary residential responsibility for the parties’ children, and ordering child support. After review of the trial court record, the North Dakota Supreme Court concluded the district court’s property distribution was not clearly erroneous, but the court erred in calculating Kevin's child support obligation.

Joyce v. Joyce

Citation: 2020 ND 75

Opinion Date: April 6, 2020

Judge: Gerald W. VandeWalle

Areas of Law: Trusts & Estates

This litigation involved a dispute over mineral interests located in Mountrail County, North Dakota, and other property owned by Vera Mitchell and her estate. Tarryl Joyce, as the estate's administrator, appealed a district court judgment granting Steven Joyce’s motion for dismissal of Tarryl's claims against him for actions he took while acting as Vera Mitchell’s attorney-in-fact. In 2006, Vera executed a durable power of attorney appointing her son, Steven Joyce, as attorney-in-fact. Vera executed a last will and testament the same day. In 2008, due to dementia and declining mental health, Steven moved his mother from an assisted living facility in Grand Forks, North Dakota, to a memory care facility in Carrolton, Texas, near his home. In 2011, Steven, as Vera's attorney-in-fact, executed and recorded a quit claim deed transferring all of Mitchell’s mineral interests to himself. Steven also wrote several checks to himself and others and made purchases using Mitchell’s Wells Fargo checking account as Mitchell’s attorney-in-fact. Tarryl alleged Steven made improper investments and purchased property using their mother's assets. When asked for an accounting of Vera's assets, Steven responded that the assets were depleted due to costs incurred for Vera's stay at the nursing facility. Tarryl sued to recover the assets. A settlement was reached, wherein Steven would pay back monies spent out of Vera's assets. The agreement was to be guaranteed by a second mortgagee on Steven's home. After being advised by Texas counsel that the second mortgage might be invalid under Texas law, Tarryl's counsel believed the settlement with Steven would not be binding. Because Steven believed the parties had reached a valid and enforceable settlement, he moved for dismissal when Tarryl sued pursuant to the agreement. The North Dakota Supreme Court concurred with the district court that Tarryl presented no evidence that the second mortgage was invalid under Texas law, so it was proper for the district court to dismiss her case.