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State v. Lonechild2023 ND 112 Docket No.: 20230032 Filing Date: 6/8/2023 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Jensen, Jon J.
Highlight:A defendant may be charged with escape under N.D.C.C. § 12.1-08-06 if they are in custody at a facility for custody of persons under charge or conviction of an offense, leave while participating in a work release program, and fail to return to the facility.
“Official detention” as defined by N.D.C.C. § 12.1-08-06(3)(b) precludes only “supervision on probation” and “constraint incidental to release.” The definition of “official detention” does not preclude custody while on probation.
Glasser v. State2023 ND 111 Docket No.: 20230013 Filing Date: 6/8/2023 Case Type: POST-CONVICTION RELIEF Author: McEvers, Lisa K. Fair
Highlight:Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3).
Whether a crime was committed as part of a different course of conduct is a mixed question of law and fact.
Interest of I.X.F.2023 ND 110 Docket No.: 20230112 Filing Date: 6/8/2023 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam
Highlight:A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
O'Neal v. State2023 ND 109 Docket No.: 20220353 Filing Date: 6/8/2023 Case Type: POST-CONVICTION RELIEF Author: Crothers, Daniel John
Highlight:A district court’s order denying a post-conviction relief application based on newly discovered evidence and ineffective assistance of counsel is affirmed.
To succeed on a post-conviction relief claim based on newly discovered evidence a defendant must show 1) evidence was discovered after trial, 2) the failure to learn about the evidence was not the result of defendant’s lack of diligence, 3) the newly discovered evidence was material to the issues, and 4) the weight and quality of the evidence would likely have resulted in an acquittal.
To prove post-conviction relief based on ineffective assistance of counsel an applicant must 1) show that counsel’s representation fell below an objective standard of reasonableness and 2) show that there was a reasonable probability that, but for the counsel’s unprofessional errors, the result of proceeding would have been different.
Etemad v. State2023 ND 108 Docket No.: 20220373 Filing Date: 6/8/2023 Case Type: POST-CONVICTION RELIEF Author: McEvers, Lisa K. Fair
Highlight:The district court may summarily dismiss a petitioner’s application for post-conviction relief without giving notice when the application on its face is meritless and fails to allege any supporting facts.
