Verdict . News

•Supreme Court unanimously affirmed mandatory two-year minimum sentence for terrorizing with firearm

North Dakota Supreme Court Affirms Firearm Enhancement in Terrorizing Case

The North Dakota Supreme Court unanimously affirmed a district court's conviction of Cody Joseph Reese for terrorizing with a firearm, upholding a mandatory minimum two-year prison sentence under state law requiring imprisonment when offenders threaten others with firearms.

•Defendant stipulated to terrorizing elements but challenged firearm enhancement application

•District courts may deviate upward from child support guidelines when in a child's best interest and specific administrative code criteria are met

North Dakota Supreme Court Affirms Child Support Deviation Standards

The North Dakota Supreme Court affirmed a district court's decision in *Kingstone v. Tedrow Kingstone*, establishing clear standards for when courts can deviate upward from presumptive child support guideline amounts. The ruling clarifies that such deviations are permissible when in a child's best interest and specific administrative code criteria are met.

•Court findings must provide clear factual basis for deviation decisions but need not follow rigid formalistic requirements

•North Dakota Supreme Court dismissed appeal for lack of final judgment under N.D.C.C. § 28-27-01

North Dakota Supreme Court Dismisses Appeal Against Governor Armstrong

The North Dakota Supreme Court dismissed an appeal by Ronald Eugene Rousseau against Governor Kelly Armstrong and state military officials, ruling that no right to appeal exists without a final judgment under state law.

•District court found it lacked both personal and subject matter jurisdiction over the case

•Attorney explanations at public meetings do not waive government bodies' executive session rights

North Dakota Supreme Court Rules on School District Executive Session Rights

The North Dakota Supreme Court issued a mixed ruling in *Haskell v. Grand Forks Public Schools*, clarifying when government bodies can enter executive sessions while establishing new requirements for courts reviewing open meetings violation claims. The decision protects attorney-client privilege in public meetings but requires more thorough judicial review of executive session disputes.

•Public parties lack due process rights to participate in sealed court reviews of disputed records

•North Dakota Supreme Court affirmed vexatious litigant designation for Seth Neil Helgeson following license plate violation case

ND Supreme Court Affirms Vexatious Litigant Order, Sanctions $500

The North Dakota Supreme Court affirmed a district court's designation of Seth Neil Helgeson as a vexatious litigant following his license plate violation case. The court also imposed $500 in sanctions for citing non-existent cases in his appellate brief.

•Court imposed $500 sanction for citing non-existent cases in violation of appellate procedure rules

6d ago•5 min read

•Court ruled that ICWA compliance is mandatory when courts know or have reason to know an Indian child is involved

North Dakota Supreme Court Reinforces ICWA Requirements in Child Custody Cases

The North Dakota Supreme Court remanded a parental rights termination case, emphasizing that juvenile courts must comply with the Indian Child Welfare Act when there is knowledge or reason to believe an Indian child is involved. The ruling underscores the mandatory nature of initial ICWA inquiries in such proceedings.

•Case was remanded with instructions, indicating the lower court failed to make proper ICWA inquiry

•North Dakota Supreme Court summarily affirmed juvenile court's parental rights termination order under appellate rules 35.1(a)(2) and (4)

North Dakota Supreme Court Affirms Termination of Parental Rights

The North Dakota Supreme Court has summarily affirmed a juvenile court's order terminating a father's parental rights to his child, S.M., in a case involving the Indian Child Welfare Act. The high court upheld the Burleigh County Juvenile Court's decision under established appellate rules.

•Case involved father T.B., Jr. appealing termination of rights to child S.M., whose mother R.M. is deceased

•Supreme Court summarily affirmed eviction judgment due to inadequate appellate briefing

North Dakota Supreme Court Affirms Eviction Despite Property Claims

The North Dakota Supreme Court summarily affirmed an eviction judgment against Jessica Gamel, who had appealed claiming her landlord violated multiple laws during the eviction process. Gamel alleged the company disposed of over $12,000 in personal property and seized her emotional support animal.

•Tenant alleged landlord disposed of $12,000+ in personal property and seized emotional support animal

•North Dakota Supreme Court affirmed custody award to father but reversed parenting time decision

ND Supreme Court Rules on Parental Rights in Vetter Custody Case

The North Dakota Supreme Court issued a mixed ruling in *Vetter v. Vetter*, affirming parts of a lower court's custody decision while reversing the parenting time determination. The court emphasized that parenting time is a fundamental right of children, not merely a parental privilege.

•Court established that parenting time is a child's right, not merely a parental privilege