|2:45 pm||Monday, February 12, 2018|
Russell Bruce Parshall, Petitioner and Appellant
State of North Dakota, Defendant and Appellee
|Appeal from:||South Central Judicial District, Morton County, Judge Sonna M. Anderson, 30-2017-CV-00382|
|Nature of Action:||Post-Conviction Relief|
Appellant's Statement of the Issues:|
1. Mr. Parshall pled guilty to refusing a warrantless blood test.
2. Since Parshall pled guilty to refusing a warrantless blood test, that conviction is now void because of the rule from Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). The rule from Birchfield is a new substantive rule of federal constitutional law, requiring retroactive effect.
3. Parshall is entitled to a refund of the fine and fees he paid related to the now void DUI-refusal conviction, pursuant to Nelson v. Colorado, 137 S.Ct. 1249 (2017).
Appellee's Statement of the Issues:
1. Whether the defendant's plea of guilty to a violation of Section 39-08-01 N.D.C.C. [DUI Law] by written plea agreement is sustainable on appeal after collateral attack on the conviction in a proceeding on post-conviction relief?
2. Whether the defendant's plea of guilty to DUI featuring alcohol-impaired driving as well as refusing a chemical test is sustainable on appeal in the wake of the United States Supreme Court case of Birchfield v. North Dakota, 136 S.Ct. 2160 (2016)?
Appellant Brief 1
Appellee Brief 1
Reply Brief 1
Listen to recording of oral argument in MP3 format
Generated from Supreme Court Docket on 02/24/2018