|2:45pm||Monday, June 17, 2013|
State of North Dakota, Plaintiff and Appellee
Joseph Anthony Carpenter, Defendant and Appellant
|Appeal from:||South Central Judicial District, McLean County, Judge Bruce A. Romanick, 28-09-K-00347|
|Nature of Action:||Post-Conviction Relief|
Appellant's Statement of the Issues:|
Whether the trial court's denial of Defendant's Petition for Post-Conviction Relief on the grounds of ineffective assistance of counsel was an abuse of discretion and clearly erroneous, where a plea agreement had been previously presented and rejected prior to trial, the prosecutor filed a motion to enhance the defendant's sentence as a habitual offender the day immediately prior to trial which was subsequently appealed, reversed, and remanded on a previous appeal for lack of timeliness; the defendant's attorney did not inquire whether the previous plea offer was still open; did not advise the defendant regarding the import about how a motion to enhance sentence might impact the defendant; did not ascertain that the plea offer was still open; and the defendant instead went to trial, was convicted, and given an enhanced sentence.
Appellee's Statement of the Issues:
Whether the trial court properly denied the petition for post conviction relief because there was not any ineffective assistance of counsel and the petitioner was not prejudiced by any advisements or lack of advisements by his attorney.
Generated from Supreme Court Docket on 06/30/2013