Morris v. State
2019 ND 166
| N.D. | 2019Background
- In May 2015 Morris was involved in an altercation that resulted in Joey Gaarsland’s death; he was charged with murder (amended to accomplice to extreme indifference murder) and conspiracy to commit aggravated assault.
- Morris entered Alford pleas on March 11, 2016 to one count of accomplice to extreme indifference murder and two conspiracy counts; he was sentenced October 17, 2016.
- Morris filed a pro se post-conviction application (Nov. 2017) and a supplemented application (Feb. 2018) asserting ineffective assistance of counsel (Thornton and Blumer), that the accomplice murder charge is not cognizable, denial of right to counsel when the court denied Blumer’s motion to withdraw, and that his plea was not knowing and voluntary.
- The district court held evidentiary hearings (June & Aug. 2018), found the accomplice murder charge cognizable, credited defense counsel testimony, rejected ineffective assistance claims, found the plea knowing and voluntary, and denied post-conviction relief.
- Morris appealed; the Supreme Court affirmed, holding the charge cognizable, counsel effective under Strickland, and no manifest injustice to permit plea withdrawal.
Issues
| Issue | Plaintiff's Argument (Morris) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether accomplice to extreme indifference murder is a cognizable offense | Charge is legally invalid; not cognizable under statutes | Charge is cognizable and supported by precedent | Held cognizable; affirmed (summary affirmance) |
| Whether Thornton provided ineffective assistance by advising Morris to write a letter to the State | Thornton advised/confessed to prosecutor, harming Morris | Thornton only appeared briefly, has no recollection of advising confession; standard practice is to have clients memorialize events for counsel | Held Morris failed Strickland first prong; counsel’s performance not objectively unreasonable |
| Whether Blumer provided ineffective assistance (communication, plea explanation, 85% rule, preserving record, failing to move to withdraw plea) | Multiple failures in advice, communication, and post-plea actions prejudiced Morris | Blumer met with Morris many times, explained accomplice liability and Alford plea, correspondence addressed 85% rule; representation reasonable | Held no ineffective assistance: factual findings credible and not clearly erroneous; no prejudice shown under Strickland |
| Whether Morris may withdraw his guilty plea post‑sentencing (manifest injustice) | Plea not intelligible; based on ineffective assistance and invalid charge, a fair and just reason exists to withdraw | Plea was knowingly, voluntarily entered on the record; no manifest injustice shown | Held no manifest injustice; plea was knowing, voluntary, and intelligently entered; denial affirmed |
Key Cases Cited
- Curtiss v. State, 877 N.W.2d 58 (N.D. 2016) (standards for review of post-conviction findings and petitioner burden)
- Interest of M.M., 924 N.W.2d 132 (N.D. 2019) (statutory construction is a question of law fully reviewable)
- Flanagan v. State, 712 N.W.2d 602 (N.D. 2006) (describing review of ineffective assistance claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance of counsel)
- Everett v. State, 864 N.W.2d 450 (N.D. 2015) (ineffective assistance law summarized)
- Thompson v. State, 879 N.W.2d 93 (N.D. 2016) (deference to district court factual findings in post‑conviction proceedings)
- State v. Lium, 744 N.W.2d 775 (N.D. 2008) (standards for withdrawing a plea pre‑ and post‑sentencing)
- Lindsey v. State, 852 N.W.2d 383 (N.D. 2014) (defendant bound by plea absent serious attorney derelictions)