Justia Constitutional Law Opinion Summaries

Charles Brame appealed his conviction on two counts of sexual assault. Brame argued the district court failed to abide by Rule 11 of the North Dakota Rules of Criminal Procedure and was biased in sentencing him. The North Dakota Supreme Court retained jurisdiction and remanded to provide the State an opportunity to file any relevant transcripts which might show the district court substantially complied with Rule 11. View "North Dakota v. Brame" on Justia Law

The State appealed a district court’s criminal judgment dismissing with prejudice a charge of gross sexual imposition against Bradley Graff. Because the district court did not provide adequate findings to support a dismissal of the charge with prejudice, the North Dakota Supreme Court reversed the district court’s judgment and remanded. View "North Dakota v. Graff" on Justia Law

Bret Sullivan appealed a corrected criminal judgment after he pled guilty to driving under the influence. Corporal Harold Rochester stopped Sullivan’s vehicle because it was speeding and failed to remain in its lane. Corporal Justin Hoag was called to assist. Hoag decided to arrest Sullivan because of the information Rochester told him and because Sullivan’s vehicle emitted an alcoholic odor, Sullivan had glossy and bloodshot eyes, and he admitted to having consumed alcohol. Sullivan moved to suppress the evidence resulting from the arrest, and the court denied his motion. On appeal, Sullivan argues the court erred in finding that he received a sufficient advisement regarding the cause of his arrest under N.D.C.C. § 29-06-17 and in finding that the officers had probable cause to arrest him. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Sullivan" on Justia Law

Drew Noble was convicted by jury on multiple counts. On appeal to the North Dakota Supreme Court, Noble limited his issue to counts 12, 13, 14, and 15 in case no. 53-2021-CR01142, arguing there was insufficient evidence to sustain the convictions on “Promoting or Directing an Obscene Sexual Performance by a Minor.” The State conceded there was insufficient evidence on an element for these four “producing” counts. Accordingly, the Supreme Court reversed and vacated the convictions on counts 12, 13, 14, and 15 in case no. 53-2021-CR-01142. The convictions on the remaining counts in case nos. 53-2021-CR-01142 and 53-2022-CR-00217 were affirmed. View "North Dakota v. Noble" on Justia Law

Susan Coons appealed a criminal judgment finding her guilty of forgery. During jury selection, the district court informed the jury panel that the potential jurors had the option to speak with the court “in private” in a separate room if they had information to share that might be embarrassing or intrusive. After general questioning of the panel, the court, Coons, the attorneys for both Coons and the State, and an officer met in a private room and conducted individual questioning of three prospective jurors on the record. Coons argued on appeal that this procedure for individual questioning constituted a trial closure and violated her right to public trial. The North Dakota Supreme Court concluded the district court’s findings were sufficient to show an overriding interest but that the court’s limited consideration of the scope of closure and failure to consider alternatives to closure were erroneous. "Although the court identified one interest that may support closure, it did not narrowly tailor to that interest." The Court concluded this error was obvious error and the judgment was reversed. View "North Dakota v. Coons" on Justia Law

Corey Gardner was convicted by jury of child abuse. On appeal, she argued improper jury instructions resulted in obvious error. She also argued insufficient evidence supports the conviction. Finding no reversible error, the North Dakota Supreme Court affirmed the judgment. View "North Dakota v. Gardner" on Justia Law

Evan Lonechild was charged with escape after being placed in the Lake Region Residential Reentry Center (“Reentry Center”) following a probation violation and subsequently failing to return to the facility while exercising work release privileges. Appealing the escape conviction, Lonechild argued he was not in “official detention” as defined by N.D.C.C. § 12.1-08-06(3)(b) because he was on probation when he left the Reentry Center. The North Dakota Supreme Court found no reversible error and affirmed Lonechild’s conviction. View "North Dakota v. Lonechild" on Justia Law

Andrew Glasser appealed a district court’s denial of his application for post-conviction relief. Glasser pled guilty to child abuse, tampering with evidence and possession of child sexual abuse materials. Glasser filed several character reference letters for the district court to consider at sentencing. Unknown at the time, three of the letters were forged. Glasser was also charged with and ultimately pled guilty to three counts of class A misdemeanor forgery for submission of the letters. On appeal, Glasser argued he received ineffective assistance of counsel because his attorney failed to appeal his convictions and gave him incorrect advice regarding his guilty pleas and sentencing. He also argued he received an illegal sentence. The North Dakota Supreme Court affirmed, concluding Glasser did not receive an illegal sentence or ineffective assistance of counsel. View "Glasser v. North Dakota" on Justia Law

Bejan Etemad was convicted by jury of terrorizing. He applied for post-conviction relief, arguing there were errors in the jury selection process that constituted a reversible error. Etemad’s application was summarily dismissed by the district court, finding Etemad’s application was a “meritless, misuse of process and untimely.” To the North Dakota Supreme Court, Etemad argued the district court erred in summarily dismissing his application for relief because he wasn’t afforded notice and an opportunity to support his application. Finding no reversible error, the Supreme Court affirmed the district court’s dmissal. View "Etemad v. North Dakota" on Justia Law

Jason O’Neal pled guilty to attempted murder and was sentenced to fifteen years incarcerated. He applied for post-conviction relief based on newly discovered evidence and ineffective assistance of counsel. The district court denied the petition, and O’Neal appealed, arguing the district court abused its discretion by denying his application, and he was entitled to withdraw his guilty plea and receive newly appointed counsel for a new trial. Finding no abuse of discretion or any other reversible error, the North Dakota Supreme Court affirmed the district court’s denial. View "O'Neal v. North Dakota" on Justia Law