Mackey v. State
Docket Info
- Title
- Kyle Taft Mackey, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 09-K-00147
Southeast Judicial District, LaMoure County
Richard W. Grosz
Highlight
A court need not personally address a defendant when establishing the factual basis for the defendant's guilty plea.
The lack of a factual basis for a guilty plea is a fundamental defect that calls into question the validity and voluntariness of the plea.
The ideal means of establishing the factual basis for a guilty plea is for the district court to ask the defendant to state, in the defendant's own words, what the defendant did that he believes constitutes the crime to which he is pleading guilty.
A trial court may conclude that a factual basis exists from anything that appears on the record, including the facts gleaned from the plea agreement and plea colloquy, the factual findings relied upon in the presentence report, and any inferences fairly drawn from the evidence presented both post-plea and at the sentencing hearing.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | STATE'S ATTORNEY | Ryan Michael Norrell - 06582 |
APPELLANT | PRO SE | Kyle Taft Mackey |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 02/22/2012 | NOTICE OF APPEAL : 02/16/2012 | |
2 | 03/19/2012 | APPELLANT BRIEF (handwritten) (PDF) | View |
3 | 03/19/2012 | APPELLANT APPENDIX | |
4 | 03/19/2012 | DISK NONCOMPLIANCE (ATB) (handwritten) (PDF) | |
5 | 03/22/2012 | ELEC. RECORD ON APPEAL (ENTRY NOS.1-95) | |
6 | 04/12/2012 | NOTICE OF ORAL ARGUMENT SENT | |
7 | 04/16/2012 | Notice from Warden that Mackey will not be transported for Oral Arg and thus will not argue | |
8 | 04/19/2012 | MOT. EXT/TIME APPELLEE BRIEF | |
9 | 04/19/2012 | E-FILED MOTION | |
10 | 04/19/2012 | NO ACTION TAKEN | |
11 | 04/20/2012 | APPELLEE BRIEF | View |
12 | 04/20/2012 | DISK - aeb (e-mailed) | |
13 | 04/23/2012 | MOTION FOR Transport Order | |
14 | 04/24/2012 | ACTION BY SUPREME COURT - Denied | |
15 | 04/30/2012 | ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.96-97) | |
16 | 05/24/2012 | APPEARANCES: Waived under N.D.R.App.P. 34(e) for Appellant/Ryan Norrell | |
17 | 05/24/2012 | ARGUED: Norrell | |
18 | 05/24/2012 | ORAL ARGUMENT WEBCAST | |
19 | 07/26/2012 | DISPOSITION | |
20 | 07/26/2012 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
21 | 07/27/2012 | Judgment Sent to Parties | |
22 | 08/24/2012 | MANDATE | |
23 | 09/02/2021 | EXPUNGED - Nonpermanent record items destroyed |