North Dakota Fourth Amendment Law
Brandon Jerome Schwitzer v. State of North Dakota
<h2><br> Bismarck, North Dakota postconviction relief criminal defense lawyer represented the Plaintiff.<br> </h2><br> <br> <br> [¶2] On August 15, 2022, around 8:37 p.m., Schweitzer was driving a motorcycle without a license plate in Bismarck, North Dakota. Police tried to stop Schweitzer, but he rapidly sped away. The police attempted to again stop Schweitzer at 9:39 p.m., 11:14 p.m., and 1:20 ... More...
$0 (07-18-2024 - ND)Mary Wollan v. Innovis Health, LLC, dba Essentia Health West
<h2><br> Fargo, North Dakota personal injury medical malpractice lawyers represented the Plaintiff.<br> </h2><br> <br> <br> This is a medical malpractice action arising out of the care and treatment of Michael Wollan in September 2017. Michael Wollan was admitted to Essentia on September 21 and died on September 23, 2017. Wollan commenced this action against Essentia alleging claims of medical neg... More...
$500657 (08-28-2024 - ND)Mark Splonskowski v. Erika White, et al.
Minot, North Dakota civil rights lawyers represented the Plaintiff who sued the Defendant challenging the constitutionality of a North Dakota state statute.<br> <br> COMPLAINT<br> <br> Plaintiff Mark Splonskowski brings this action for declaratory and permanent injunctive<br> relief against Defendant Erika White in her official capacity as the State Election Director of North<br> Dakota, alleging ... More...
$0 (02-02-2024 - ND)Robert Drake v. City of Valley City
Bismarck, North Dakota civil rights lawyer represented the Plaintiff who sued the Defendant on a First Amendment violation theory.<br> <br> This is the case of a disgruntled man who was frustrated he was not permitted to make every single point he wanted to the Valley City Commission. Drake alleges the City violated his and Lloyd Nelson's ("Nelsonâ€) First Amendment rights to speak at City Co... More...
$0 (09-15-2023 - ND)Christine Larson v. North Dakota Workforce Safety and Insurance
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Workers Compensation lawyer represented Appellant with appealing from a judgment of the Workforce Safety & Insurance. </h2></font></b></i></font></center></center><br> <br> In a notice of decision dated January 27, 2021, Workforce Safety & <br> Insurance ("WSIâ€) informed Larson that it had determined Active Nutrition is <br> an em... More...
$0 (06-09-2022 - ND)Blue Appaloosa v. North Dakota Industrial Commission
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Construction lawyer represented Appellee with appealing from a judgment of construction prior to obtaining a permit . </h2></font></b></i></font></center></center><br> <br> In January 2018, Blue Appaloosa purchased undeveloped land in Dunn <br> County, North Dakota. A few days after its purchase, Blue Appaloosa stated in <br> an email t... More...
$0 (06-09-2022 - ND)Amber Lehnerz, individually and on behalf of O.E.P. and Megan Christopher
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Restraining Order lawyer represented Appellant with appealing from a disorderly conduct restraining order. </h2></font></b></i></font></center></center><br> <br> In October 2021, Amber Lehnerz, individually and on behalf of her child,<br> O.E.P., petitioned for a disorderly conduct restraining order against <br> Christopher. Lehnerz all... More...
$0 (06-08-2022 - ND)State of North Dakota v. Robert John Pulkrabek
<center><font color="red"><h2><fontcolor="red> Bismarck, ND - Criminal Defense lawyer represented defendant with a terrorizing and disorderly conduct charge. </h2></font></b></i></font></center></center><br> <br> In 2015, Pulkrabek was charged with terrorizing, threatening public <br> servants, menacing, and disorderly conduct. On the day of the trial a pre-trial <br> conference was held in chambe... More...
$0 (06-08-2022 - ND)Amy M. Axtman v. Myron A. Axtman
<center><h3><font color="red"><h2><font color="red"> Bismarck, ND - Divorce lawyer represented defendant contesting distribution of marital property. </h3></font></b></i></center></font><br> <br> This is an appeal from a divorce action that was commenced in 2017. The <br> only issue was division of the parties' marital property. Included as part of the <br> parties' marital property was Myron Axtm... More...
$0 (02-01-2022 - ND)Lorenzo Traveras Pemberton v. State of North Dakota
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Lorenzo Traveras Pemberton with aggravated assault, interference with an emergency call, and felonious restraint charges. </h2></font></b></i></center><br> <br> We described the evidence presented to the jury in State v. Pemberton, <br> 2019 ND 157, ¶¶ 2-7, 930 N.W.2d 125, and we will not repeat those facts here... More...
$0 (05-28-2021 - ND)State of North Dakota v. The Honorable Stacy J. Louser, Judge of the District Court, North Central Judicial District, and Misty Lee Schwarz
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Misty Lee Schwarz with fourth offense of driving under the influence of alcohol ("DUIâ€) and a sixth offense in five years of driving with a suspended license charges. </h2></font></b></i></center><br> <br> On April 15, 2020, the State filed a criminal information charging <br> Schwarz with a fourth offense o... More...
$0 (05-28-2021 - ND)Larry A. Froistad v. State of North Dakota
<center><h2><font color="red">Bismarck, North Dakota - Criminal defense attorney represented Larry Froistad with a murder charge. </h2></font></b></i></center><br> <br> In 1998, Froistad pled guilty to murdering his daughter by setting fire to <br> his residence when she was inside. In 2000, Froistad filed his first application <br> for postconviction relief, arguing: (1) the district court faile... More...
$0 (05-28-2021 - ND)State of North Dakota v. Dakota Alexandria Bee
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Dakota Bee with arguing the court erred in concluding that her Fourth Amendment rights were not violated when the officers entered her home</h2></font></b></i></center><br> <br> Burleigh County Social Services (BCSS) contacted the Bismarck Police <br> Department requesting assistance in removing a child from Bee'... More...
$0 (04-26-2021 - ND)City of Jamestown v. Santos Regalado Casarez, III
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Santos Regalado Casarez, III with appealing from a criminal judgment entered after his motion to suppress was denied and his conditional guilty plea to refusing to take a chemical breath test was accepted</h2></font></b></i></center><br> <br> At approximately 11 p.m. on November 6, 2019, Jamestown Police <br> Offi... More...
$0 (04-26-2021 - ND)Rodney Harold Friesz v. State of North Dakota
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Rodney Harold Friesz with <i> appealing from a district court order denying his application for post-conviction relief.</h2></font></b></i></center><br> <br> In October 2014, Friesz was charged with murder, a class AA felony, and <br> arson, a class B felony. A jury trial was held in February 2016 and Friesz was <... More...
$0 (03-16-2021 - ND)Laron Young v. Burleigh Morton Detention Center, Defendant and Appellee and Reliance Telephone Systems
<center><h2><font color="red">Bismarck, ND - Criminal defense attorney represented Laron Young with <i> arguing Burleigh<br> Morton Detention Center ("BMDCâ€) violated his Sixth Amendment right to legal counsel. He also argues BMDC's policy concerning inmate telephone calls violates N.D.C.C. § 12-44.1-14, which provides rights for inmates.</h2></font></b></i></center><br> <br> Young was ... More...
$0 (01-23-2021 - ND)State of North Dakota v. Garett James Casatelli
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Garett Casatelli with <i> appealing from a corrected criminal judgment after he entered a conditional guilty plea to the charge of actual physical control of a motor vehicle with a blood alcohol concentration of 0.08 percent or greater.</h2></font></b></i></center><br> <br> On October 3, 2019, two Burleigh County d... More...
$0 (01-23-2021 - ND)State of North Dakota v. Rolando Rodriguez
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented with <i> appealing from a criminal judgment after a jury found him guilty of gross sexual imposition, burglary, terrorizing, and domestic violence assault.</h2></font></b></i></center><br> <br> Rodriguez was charged with gross sexual imposition, burglary,<br> terrorizing, intentional interference with a telepho... More...
$0 (01-12-2021 - ND)State of North Dakota v. Stephanie Ann Foot
<center><h2><font color="red"> Bismarck, ND - Criminal defense attorney represented Stephanie Ann Foot with <i> appealing from an order denying her motion to suppress evidence and from the criminal judgment entered after she conditionally pled guilty to a charge of actual physical control (APC) of a motor vehicle while under the influence of alcohol charge.</h2></font></b></i></center><br> <br> O... More...
$0 (01-12-2021 - ND)Michael Allen Truelove v. State of North Dakota
Bismarck, ND - Terrorizing, Aggravated Assault, Gross Sexual Imposition, Interference with a telephone During an Emergency Call.<br> <br> <center><br> <table><br> <td><br> <img width="400" src=" https://www.nd.gov/docr/offenderlkup/images/47455.jpg"> <br> </td><br> </table><br> <h1> <font color="red"> </font> </h1><br> </center><br> <br> [¶2] Truelove was charged with terrorizing, aggravated... More...
$0 (09-10-2020 - ND)State of North Dakota v. Steven Floyd Helm
Bismarck, ND - Driving Under the Influence<br> <br> In the early hours of September 3, 2018, law enforcement responded to<br> a report of a vehicle with the driver slumped over the steering wheel. On<br> approach to the driver’s door the vehicle began to move forward and law<br> enforcement knocked on the window, waking the driver who then stopped the<br> vehicle. Helm voluntarily submitted to... More...
$0 (09-10-2020 - ND)State of North Dakota v. Ryan Michael Lindquist
<center><br> <table><br> <td><br> <img width="400" src=" https://www.nd.gov/docr/offenderlkup/images/37406.jpg"> <br> </td><br> </table><br> <h1> <font color="red"> </font> </h1><br> </center><br> <center><br> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/subscription.gif?fit=300%2C42"><br> </center><br> <br> <br> Ryan Lindquist appeals from a criminal ... More...
$0 (09-09-2020 - ND)State of North Dakota v. Kelvin Antone McAllister
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> The State charged McAllister with aggravated assault on September 19,<br> 2018. The district court ... More...
$0 (04-02-2020 - ND)State of North Dakota v. Henry Lee Marcum
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> On June 10, 2018, Marcum was charged with one count of possession of<br> a controlled substance, se... More...
$0 (04-01-2020 - ND)State of North Dakota v. Blain Ovind
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> In April 2018, Ovind was charged with two counts of construction fraud,<br> two counts of acting as... More...
$0 (04-01-2020 - ND)State of North Dakota v. Richard Dwayne Cook
<center><h1><p style="border:3px; border-style:solid; border-color:#FF0000; padding:<br> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a></br><font Color="Red">VOIP Phone and Virtual Receptionist Services<br> Call 918-582-6422 Today<br> </font></h1><P></center><br> In early April 2019, Berthold Police Chief Allen Schmidt and Reserve<br> Officer Greg Pinske stoppe... More...
$0 (04-01-2020 - ND)State of Florida vs Anthony Petagine
<center><P><font color=”FF0000”><h2><br> Need help finding a lawyer for representation for felony hazing in Florida? <br> <br> Call 918-582-6422. It's Free.<br> </font><br> </h2><br> </center><br> <br> Our review of the trial court’s grant of a motion to dismiss is de novo. Parks v. State, 96 So. 3d 474, 476 (Fla. 1st DCA 2012). When reviewing an order on a criminal defendant’s motion t... More...
$0 (01-06-2020 - ND)Randy Jensen v. State of North Dakota
<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center><br> <center><br> <img width="300" src="https://www.nd.gov/docr/offenderlkup/images/21890.jpg"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> In June 2016, Jensen resolved three criminal cases by plea... More...
$0 (05-19-2019 - ND)State of North Dakota v. Travis James Morsette
<center><br> <img width="300" src="https://www.ndcourts.gov/Themes/NDCourts/Content/statecourts_logo_blue.png"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> On September 8, 2017, a law enforcement officer, while on patrol stopped at a red light, observed a driver in the adjacent lane manipulating his touchscreen cell phone for approximately two seconds. The officer testifi... More...
$0 (04-01-2019 - ND)State of North Dakota v. John Phillip Hamre
<center><br> <img width="300" src="https://www.ndcourts.gov/Themes/NDCourts/Content/statecourts_logo_blue.png"><br> <h2> <font color="red"><h2> </font> </h2><br> </center><br> On June 16, 2017, the State charged Hamre with two counts of simple assault on a peace officer, one count of preventing arrest, and one count of fleeing or attempting to elude a peace officer. The charges related to inc... More...
$0 (04-01-2019 - ND)Benjamin William Vandewarker v. Continental Resources, Inc.
<center><br> <img width="300" src="https://www.usmarshals.gov/district/nd/images/bis4.jpg"><br> </center><br> Benjamin Vandewarker, an employee of Great Western Resources (Great<br> Western), appeals the district court’s grant 1 of summary judgment to Continental<br> Resources, Inc. (Continental), dismissing Vandewarker’s personal injury action<br> against Continental. Having jurisdiction purs... More...
$0 (02-27-2019 - ND)State of North Dakota v.Mark Terrence Brown
<center><br> <h1><br> <p style="border:3px; border-style:solid; border-color:#FF0000; padding: 0em;"><br> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Alfred&l=Morlan,%20Esq.&i=28591&z=74103&s=OK" target="_new">MoreLaw Helps Lawyers Make Money</a><br> <font><br> </h1></center><br> <br> <br> The State charged Brown with four separate acts of driving while his license was suspended after law... More...
$0 (01-04-2019 - ND)STATE OF SOUTH DAKOTA v. NATHAN D. CHASE
<center><font color="red"><h1>MoreLaw Performance Marketing</h1></font><br> <h2><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28012&z=74103&s=OK" target="_new">If It Does Not Work, It Is Free!</a></h2><br> </center><br> On January 23, 2017, at about 7:50 p.m., law enforcement responded to a call from a Rapid City motel regarding an assault. Officers discovered the body of J... More...
$0 (10-08-2018 - ND)State of North Dakota v. JanMichel Wangstad a/k/a Jan-Michel Wangstad
<center><br> <img width="300" src=" https://www.nd.gov/docr/offenderlkup/images/51320.jpg "><br> <h2> </h2><br> </center><br> <br> <br> On March 18, 2016, West Fargo police were dispatched to the Rodeway Inn in response to a report of a man with a gun. Responding officers located the source of the disturbance in one of the rooms. One of the officers knocked on the door of the room and announced... More...
$0 (10-02-2018 - ND)Roger Lee Davies v. State of North Dakota <table> <td>
In 2014, Roger Davies was charged with continuous sexual abuse of a child. In November 2014, Davies pleaded guilty. During the change of plea, the district court advised Davies that as a part of the binding plea agreement, the court would not sentence him to more than 15 years imprisonment. After a presentence investigation, Davies was sentenced to a term of 15 years imprisonment and supervised p... More...
$0 (09-19-2018 - ND)Joe R. Whatley v. Canadian Pacific Railway Company
Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.<br> I.BACKGROUND<br> On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sa... More...
$0 (09-18-2018 - ND)State of North Dakota v. Clyde Edward Pickens <table> <td>
Pickens moved to western North Dakota in 2011 with D.R. and her children, M.R. and C.R. After arriving, Pickens and D.R. began CTC Cleaning Services and performed construction cleanup work. Pickens lived with D.R. and helped care for her children.<br> [¶3] D.R. testified about an incident that occurred between her and Pickens on December 31, 2012. After an argument relating to the cleaning busine... More...
$0 (08-30-2018 - ND)State of North Dakota v. Crystal Lynn Corona <table> <td>
According to the State, a law enforcement officer stopped a vehicle driven by Corona on October 19, 2017, after she failed to dim her headlights. The officer thereafter detected the odor of alcohol emanating from Corona, and she refused to submit to an onsite screening test for intoxication and a subsequent Intoxilyzer test. The State charged her with driving under the influence for refusing a che... More...
$0 (08-30-2018 - ND)State of North Dakota v. Morris Jerome Brickle-Hicks <table> <td>
According to Bismarck police officers, shortly after 5 a.m. on April 14, 2016, they responded to a call from the Sanford Hospital emergency room, where Brickle-Hicks reported that he had been assaulted in south Bismarck. Brickle-Hicks had blood on his clothes and shoes, and the officers took a statement from him about that assault before he was discharged from the emergency room and allowed to lea... More...
$0 (08-30-2018 - ND)Landon L. Michael v. Joshua Trevena and Ryan Chaffee
Landon Michael filed suit against Watford City, North Dakota, police officers<br> Joshua Trevena and Ryan Chaffee, alleging unlawful arrest and excessive force after<br> the officers were called to help resolve a family dispute. The district court granted<br> the officers summary judgment based on qualified immunity. Michael appeals.<br> I.<br> Michael was in possession of a set of keys to a truck... More...
$0 (08-08-2018 - ND)