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Kremer v. State

Docket No. 20190408
Oral Argument: Tuesday, April 7, 2020 10:45 AM

Docket Info

Title
James Richard Kremer, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-01305
North Central Judicial District, Ward County
Douglas L. Mattson
2020 ND 132945 N.W.2d 279
Oral Argument 4/7/2020

Highlight

To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution’s case, or there was a realistic potential for a lower sentence. A defendant’s subjective, self-serving statement that, with competent advice, he would have insisted on going to trial is insufficient to establish prejudice under Strickland in a plea bargain situation.
The provisions of N.D.R.Crim.P. 11 are mandatory, and substantial compliance is required to ensure a defendant knowingly and voluntarily enters a guilty plea. Although N.D.R.Crim.P. 11 does not require ritualistic compliance, a court must substantially comply with the rule’s procedural requirements to ensure a defendant is entering a voluntary and intelligent guilty plea.

Briefs

Filing Date Description
01/28/2020 APPELLANT BRIEF View
02/27/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Christopher W. Nelson - 08708
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 12/23/2019 NOTICE OF APPEAL : 12/23/2019
2 12/23/2019 ORDER FOR TRANSCRIPT : 12/23/2019
3 12/24/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 12/24/2019 Notice served on Bobbi Brown Weiler and Christopher W. Nelson
5 12/31/2019 Notice of Assignment of Counsel by Ben Pulkrabek
6 01/06/2020 ORDER FOR TRANSCRIPT (Req. duplicate TRA as 1st OTR requested)
7 01/09/2020 ELECTRONIC TRANSCRIPT DATED AUGUST 12, 2019 (correction)
8 01/09/2020 CERTIFICATE OF SERVICE
9 01/22/2020 ELEC. RECORD ON APPEAL DATED JANUARY 21, 2020 (ENTRY NOS. #1 - #92)
10 01/22/2020 ELEC. RECORD ON APPEAL DATED JANUARY 21, 2020 (ENTRY NOS.1 - 44 AND 46 - 189) (UNDERLYING CRIMINAL)
11 01/22/2020 NOT REC'D #45
12 01/28/2020 APPELLANT BRIEF View
13 01/28/2020 Oral Argument Request by Appellant
14 01/28/2020 APPELLANT APPENDIX
15 01/31/2020 Rec'd 6 copies of ATB and ATA back from Central Duplicating
16 02/12/2020 Supplemental Statement by Indigent Defendant View
17 02/27/2020 MOT. EXT/TIME APPELLEE BRIEF
18 02/28/2020 NO ACTION TAKEN
19 02/27/2020 APPELLEE BRIEF View
20 02/27/2020 APPELLEE APPENDIX
21 03/09/2020 Rec'd 6 copies of AEB & AEA from Central Duplicatin
22 03/25/2020 NOTICE OF ORAL ARGUMENT SENT
23 04/07/2020 APPEARANCES: Benjamin C. Pulkrabek; Christopher W. Nelson
24 04/07/2020 ARGUED: Benjamin C. Pulkrabek; Christopher W. Nelson
25 04/07/2020 ORAL ARGUMENT WEBCAST
26 06/29/2020 DISPOSITION
27 06/29/2020 UNANIMOUS OPINION : VandeWalle, Gerald W. View
28 06/30/2020 Judgment Sent to Parties
29 07/22/2020 MANDATE