Mackey v. State
2012 ND 159
| N.D. | 2012Background
- In April 2010 Mackey pled guilty to one count of gross sexual imposition and a second GSI count was diverted during imprisonment and probation.
- On August 10, 2010 the trial court sentenced Mackey to 30 years with 8 to serve and 22 suspended for 5 years.
- On September 9, 2010 Mackey appealed the criminal judgment; in January 2011 he moved to withdraw the guilty plea asserting the sentence violated the plea agreement and was illegal.
- The trial court amended the sentence to 15 years; Mackey filed a second appeal which this Court affirmed.
- In December 2011 Mackey filed a post-conviction relief petition seeking withdrawal of the plea; the court dismissed it on January 10, 2012.
- Mackey later sought reconsideration and alleged ineffective assistance of counsel; the court treated this as an amendment and again dismissed the petition; the appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel standard | Mackey asserts counsel's performance fell short, tainting plea and appeal. | State contends no ineffective assistance; proceedings complied with standards. | No reversible deficiency; no genuine issue of material fact shown. |
| Sufficiency of factual basis for guilty plea | Lack of direct personal questioning and factual basis undermines validity. | Record and information establish a valid factual basis; direct questioning not required. | Factual basis shown by record; no error in finding validity. |
| Rule 11 compliance and direct addressing of defendant | Rule 11 required personal address regarding factual basis. | Rule 11(b)(3) allows establishment of factual basis from record sources; direct address not required. | Trial court did not err; compliance satisfied by the record. |
Key Cases Cited
- State v. Bates, 2007 ND 15 (N.D. 2007) (guides standards for withdrawing guilty plea and factual basis)
- Kaiser v. State, 417 N.W.2d 175 (N.D. 1987) (sufficiency of factual basis; withdrawal standards)
- Hagemann, 326 N.W.2d 861 (N.D. 1982) (Rule 11 factual basis predecessor; personal address not strictly required)
- United States v. Adams, 448 F.3d 492 (2nd Cir. 2006) (factual basis defects affect voluntariness of plea)
- United States v. McCreary-Redd, 475 F.3d 718 (6th Cir. 2007) (factual basis concerns and voluntariness of plea)
- United States v. Mastrapa, 509 F.3d 652 (4th Cir. 2007) (record may establish factual basis for plea)
- United States v. Trejo, 610 F.3d 308 (5th Cir. 2010) (entire record may support factual basis for plea)
- United States v. Martinez, 277 F.3d 517 (4th Cir. 2002) (foundational discussion on establishing factual basis)