Everett v. State
2015 ND 149
| N.D. | 2015Background
- Everett was charged with aggravated assault involving domestic violence in Dec 2012; he pled guilty with counsel in May 2013 and was sentenced to incarceration.
- Everett filed a post-conviction relief petition in Aug 2013 alleging the plea was not voluntary and counsel ineffective.
- An evidentiary hearing was held; Everett sought to withdraw the guilty plea.
- The district court denied the post-conviction relief petition, ruling no manifest injustice and no ineffective assistance.
- The North Dakota Supreme Court affirmed, holding no error in the post-conviction decision and no manifest injustice in the plea.
- The petition was governed by ND Rules of Civil Procedure, with the standard requiring proof under Strickland and the manifest injustice standard for plea withdrawal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel in plea | Everett argues counsel failed to consult and misled him | Counsel’s conduct fell within reasonable professional norms | No; Strickland prongs not met |
| Prejudice from counsel’s alleged errors | But-for counsel’s errors, Everett would have gone to trial | Record shows informed of max sentence; no probability of different outcome | No; insufficient probability of different result |
| Withdrawal of plea to correct manifest injustice | Plea not voluntary under totality of circumstances | Record shows voluntariness and substantial compliance with Rule 11; no manifest injustice | No; withdrawal not necessary to correct manifest injustice |
| Waiver/preclusion of Rule 11(b)(1) challenges on appeal | Rule 11(b)(1) noncompliance claimed | Issue not raised in district court; precluded on appeal | Yes; precluded from review on appeal |
Key Cases Cited
- Flanagan v. State, 712 N.W.2d 602 (ND 2006) (post-conviction burden and standard for ineffective assistance of counsel)
- Abdi v. State, 608 N.W.2d 292 (ND 2000) (burden of proof in post-conviction relief)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard for guilty pleas; defendant must show likelihood of trial outcome would differ)
- Bahtiraj v. State, 840 N.W.2d 605 (ND 2013) (standard for prejudice in guilty plea context; substantial likelihood of different result)
- Mackey v. State, 819 N.W.2d 539 (ND 2012) (manifest injustice standard; procedural compliance for plea withdrawals)