Kremer v. State
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
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.
(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 |