6 North Dakota opinions name it 1 courts 1982–2012 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Miller Enterprises, Inc. v. Dog N' Cat Pet Centers of America, Inc.green2 sentences1994Miller Enterprises v. Dog N’ Cat Pet Centers, 447 N.W.2d 639, 643 (N.D.1989). 1994Miller Enterprises v. Dog N' Cat Pet Centers, 447 N.W.2d 639, 643 (N.D.1989). | 2 | 2 |
James Godwin v. United Statesgreen1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 1 |
United States v. Kenneth Hart Adams, Howard Willisgreen1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 1 |
Pablo Carreon v. United Statesgreen1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 1 |
United States v. Perry D. McCrearygreen1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 1 |
Comstock v. Stategreen1 sentence1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
United States v. Robert George Beckgreen1 sentence1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
State v. Mortrudgreen2 sentences1982In the instant case [McKay ] defendant merely claims no recollection.” Although our court has never discussed the specific procedures necessary to satisfy the factual basis requirement for an Alford plea, we recently stated, in State v. Mortrud, 312 N.W.2d 354, 357 (N.D.1981), a case expressly limited to its own facts and circumstances, that: “Rule 11 requires the court to address the defendant personally in order to determine the factual basis for the guilty plea and to assure that it is knowing and voluntary.” At first glance it would appear that our statement in Mortrud, supra, that a court 1982In the instant case [McKay ] defendant merely claims no recollection.” Although our court has never discussed the specific procedures necessary to satisfy the factual basis requirement for an Alford plea, we recently stated, in State v. Mortrud, 312 N.W.2d 354, 357 (N.D.1981), a case expressly limited to its own facts and circumstances, that: “Rule 11 requires the court to address the defendant personally in order to determine the factual basis for the guilty plea and to assure that it is knowing and voluntary.” At first glance it would appear that our statement in Mortrud, supra, that a court | 1 | 1 |
State v. Johnsongreen2 sentences1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation 1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
State v. Normangreen2 sentences1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation 1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
United States v. Eddie Lee Davis, A/K/A Big Daddygreen1 sentence1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
State v. Goulettegreen1 sentence1982See, e.g., United States v. Davis, 516 F.2d 574, 578 (7th Cir.1975) [“The requirement that there be a factual basis for the plea is satisfied, ... despite the defendant’s denial of guilt, if the judge determines from the prosecutor’s recital of the evidence the government will offer that proof of guilt is strong.”]; State v. Norman, 118 Ariz. 23 , 574 P.2d 491, 492-493 (Ariz.Ct.App.1978) [recitation of evidence by prosecutor, concurred in by defense counsel, adequate to establish factual basis for plea]; Comstock v. State, Ind. App., 422 N.E.2d 395, 399 (1981) [prosecutor’s detailed recitation | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eaton v. State
green
1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 2012–2012 |
Patten v. State
green
2 sentences2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] 2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 2012–2012 |
Eaton v. State
green
1 sentence2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 2012–2012 |
McCarthy v. United States
green
2 sentences2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] 2012United States v. Adams, 448 F.3d 492, 502 (2nd Cir.2006) (“ ‘Such defects are not technical, but are so fundamental as to cast serious doubt on the voluntariness of the plea,’ ... and require reversal and remand so that the defendant may plea anew or stand trial.”) (quoting Godwin v. United States, 687 F.2d 585, 591 (2nd Cir.1982)); United States v. McCreary-Redd, 475 F.3d 718, 726 (6th Cir.2007) (concluding “the district court’s failure to establish a factual basis ... affected [the defendant’s] substantial rights”); Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978) (stated that “[w] | 1 | 2012–2012 |
State v. Steen
green
2 sentences2007I [¶ 2] The underlying factual basis for this appeal is set forth in State v. Steen, 2004 ND 228 , 690 N.W.2d 239 (“Steen I”) and State v. Steen, 2005 ND 199 , 709 N.W.2d 21 (“Steen II), and will not be repeated here except as necessary to assist in resolving the issues raised in this appeal. 2007I [¶ 2] The underlying factual basis for this appeal is set forth in State v. Steen, 2004 ND 228 , 690 N.W.2d 239 (“Steen I”) and State v. Steen, 2005 ND 199 , 709 N.W.2d 21 (“Steen II), and will not be repeated here except as necessary to assist in resolving the issues raised in this appeal. | 1 | 2007–2007 |
State v. Steen
neutral
1 sentence2007I [¶ 2] The underlying factual basis for this appeal is set forth in State v. Steen, 2004 ND 228 , 690 N.W.2d 239 (“Steen I”) and State v. Steen, 2005 ND 199 , 709 N.W.2d 21 (“Steen II), and will not be repeated here except as necessary to assist in resolving the issues raised in this appeal. | 1 | 2007–2007 |
Johnson v. State
green
1 sentence2007I [¶ 2] The underlying factual basis for this appeal is set forth in State v. Steen, 2004 ND 228 , 690 N.W.2d 239 (“Steen I”) and State v. Steen, 2005 ND 199 , 709 N.W.2d 21 (“Steen II), and will not be repeated here except as necessary to assist in resolving the issues raised in this appeal. | 1 | 2007–2007 |
State v. Lueder
green
2 sentences2001The appointment of counsel may be necessary for proper investigation of the factual basis for a claim by an incarcerated applicant, and as we indicated in Lueder, 252 N.W.2d at 865-66 , trial courts should attempt to make post-conviction hearings meaningful by considering appointing counsel to represent an indigent applicant who is unable to attend the hearing because of confinement. [¶ 21] Here, however, we are presented with the exceptional situation in which it was appropriate for the trial court not to appoint counsel for Bell. 2001The appointment of counsel may be necessary for proper investigation of the factual basis for a claim by an incarcerated applicant, and as we indicated in Lueder, 252 N.W.2d at 865-66 , trial courts should attempt to make post-conviction hearings meaningful by considering appointing counsel to represent an indigent applicant who is unable to attend the hearing because of confinement. [¶ 21] Here, however, we are presented with the exceptional situation in which it was appropriate for the trial court not to appoint counsel for Bell. | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.