State v. Trevino (N.D. 2011). · Go Syfert
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State v. Trevino (N.D. 2011). Book View Copy Cite
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cited 2× by 2 distinct cases · …permits a defendant to enter a conditional guilty plea, reserving in writing the right to appeal an adverse determination of specified pretrial motions. ⚠ not in text
cited 2× by 2 distinct cases · …to ensure a defendant is entering a voluntary and intelligent guilty plea. ⚠ not in text
cited 2× by 2 distinct cases · …we again reiterate that the best practice is to comply with the rule's specific writing requirements. at p. 14 ⚠ not in text
37 citation events (37 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited "see" State v. Hamilton
N.D. · 2023 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 6 , 807 N.W.2d 211 .
discussed Cited "see" State v. Gardner
N.D. · 2023 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 31 , 807 N.W.2d 211 (explaining we may apply a definition from N.D.C.C. § 12.1- 02-02(1) to affirmatively define a culpability term which is present in another statute); N.D.C.C. § 1-01-09 (“Whenever the meaning of a word or phrase is 3 defined in any statute, such definition is applicable to the same word or phrase wherever it occurs in the same or subsequent statutes, except when a contrary intention plainly appears.”).
discussed Cited "see" Jensen v. State
N.D. · 2019 · signal: see · confidence high
See State v. Trevino , 2011 ND 232 , ¶¶ 6-8, 807 N.W.2d 211 ("Generally, a defendant who voluntarily pleads guilty 'waives the right to challenge non-jurisdictional defects and may only attack the voluntary and intelligent character of the plea.' "). [¶13] Some jurisdictions note a motion to withdraw a guilty plea made before entry of the final judgment of conviction and sentence is a critical stage of the criminal proceedings to which the right to counsel attaches.
cited Cited "see" State v. Abuhamda
N.D. · 2019 · signal: see · confidence high
See Trevino, 2011 ND 232, ¶ 14 (“[W]e again reiterate that the best practice is to comply with the rule’s specific writing requirements.”).
cited Cited "see" State v. Abuhamda
N.D. · 2019 · signal: see · confidence high
See Trevino , 2011 ND 232 , ¶ 14, 807 N.W.2d 211 ("[W]e again reiterate that the best practice is to comply with the rule's specific writing requirements.").
cited Cited "see" State v. Christensen
N.D. · 2019 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 21 , 807 N.W.2d 211 .
cited Cited "see" State v. Christensen
N.D. · 2019 · signal: see · confidence high
See State v. Trevino , 2011 ND 232 , ¶ 21, 807 N.W.2d 211 .
cited Cited "see" State v. Christensen
N.D. · 2019 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 21 , 807 N.W.2d 211 .
discussed Cited "see" State v. Barnes (2×)
N.D. · 2015 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 6 , 807 N.W.2d 211 ; State v. Clark, 2010 ND 106, ¶ 8 , 783 N.W.2d 274 .
discussed Cited "see" State v. Murphy (2×)
N.D. · 2014 · signal: see · confidence high
See State v. Trevino, 2011 ND 232, ¶ 8 , 807 N.W.2d 211 ; State v. Blurton, 2009 ND 144, ¶ 10 , 770 N.W.2d 231 ; Abdi v. State, 2000 ND 64, ¶ 12 , 608 N.W.2d 292 ; State v. Hoffarth, 456 N.W.2d 111, 113-14 (N.D.1990); State v. Storbakken, 246 N.W.2d 78 , 83 n. 5 (N.D.1976). [¶ 8] Murphy contends the district court failed to properly inform him of an additional mandatory eight-year consecutive sentence under N.D.C.C. § 19-03.1-23(3) before accepting his guilty plea at the March 2014 hearing.
Retrieving the full opinion text from the archive…
State
v.
Trevino
20100416.
North Dakota Supreme Court.
Dec 13, 2011.
Published

Filed 12/13/11 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2011 ND 222

Cach, LLC, Plaintiff and Appellee

v.

Michael Steele, Defendant and Appellant

No. 20110182

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

AFFIRMED.

Per Curiam.

Anita A. Sunde, 118 North Broadway, Suite 807, Fargo, ND 58102, for plaintiff and appellee; submitted on brief.

Michael J. Steele, self-represented, 409 4th Street North, #8, Fargo, ND 58102, defendant and appellant; submitted on brief.

Cach LLC v. Steele

No. 20110182

Per Curiam.

[¶1] Michael Steele appeals from a default judgment entered in favor of Cach, LLC.  Steele was served with a summons and complaint in a debt-collection action, but he did not file an answer.  Cach, LLC moved for default judgment, serving notice to Steele.  Steele did not respond to the notice, and the district court granted summary judgment against him.  On appeal, Steele argues his due process rights were violated.  Steele also claims Cach, LLC violated the Fair Debt Collection Practices Act and the Consumer Credit Protection Act.

[¶2] The exclusive means for opening a default judgment is N.D.R.Civ.P. 60(b).   Shull v. Walcker , 2009 ND 142, ¶ 12, 770 N.W.2d 274.  Steele did not file a motion for relief from judgment under N.D.R.Civ.P. 60(b).  Rather, he appealed directly to this Court, and we summarily affirm under N.D.R.App.P. 35.1(a)(7).   See Flemming v. Flemming , 2010 ND 212, ¶ 3, 790 N.W.2d 762 (citing State ex rel. Dep’t of Labor v. Riemers , 2008 ND 191, ¶ 16, 757 N.W.2d 50); Shull , at ¶ 12.

[¶3] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom