927 N.W.2d 444
N.D.2019Background
- May 2015: Olson involved in bar fight in Fargo; Joey Gaarsland later died from injuries. Olson arrested and originally charged with murder and three counts of conspiracy to commit aggravated assault.
- March 2016: State amended charges—murder amended to accomplice to murder; one conspiracy count dismissed. State alleged Olson aided another whose offense resulted in Gaarsland’s death.
- Olson entered into a written proffer agreement: he would cooperate, plead guilty (Alford pleas), State would recommend no more than 20 years, and Olson could argue for less.
- October 2016: Olson sentenced to 20 years. He later sought post-conviction relief to withdraw pleas, arguing (1) accomplice to extreme-indifference murder is not cognizable, (2) ineffective assistance of counsel, and (3) pleas were not knowing and voluntary (Rule 11 defects / misunderstanding about likely sentence).
- District court held counsel effective and pleas knowing and voluntary; post-conviction relief denied. Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cognizability of accomplice to extreme-indifference ("extreme indifference") murder | Olson: conspiracy to commit extreme-indifference murder is not cognizable; therefore accomplice liability for that crime is also invalid | State: accomplice statute requires intent that an offense be committed, not intent that death occur; accomplice liability can attach when accomplice intentionally aids conduct that is willful/reckless and results in death | Held: Accomplice to extreme-indifference murder is cognizable under N.D.C.C. § 12.1-03-01(1)(b); accomplice need only intend to promote the underlying unlawful/willful conduct, not the death itself |
| Ineffective assistance of counsel | Olson: counsel rushed him into pleas; counsel failed to secure withdrawal when Olson later learned State would seek 20 years; Olson believed he would receive 5 years | State/district court: counsel thoroughly advised Olson, proffer agreement disclosed State’s 20-year cap, counsel testified credibly and met standard of care | Held: Counsel’s performance not deficient; Strickland test not met; district court’s factual findings not clearly erroneous |
| Voluntariness / Rule 11 compliance | Olson: district court failed to inform him of maximum possible penalty for the amended accomplice-to-murder charge at change-of-plea hearing, so plea not voluntary | State: defendant was advised at initial appearance that murder was class AA (life max); at plea hearing court and record reflected prior advisals and defendant’s acknowledgment; proffer agreement and colloquy satisfied Rule 11 substantially | Held: Rule 11 substantially complied with; pleas were knowing, voluntary, and withdrawal not necessary to correct manifest injustice |
Key Cases Cited
- State v. Borner, 836 N.W.2d 383 (N.D. 2013) (characterizes extreme-indifference murder as a general-intent crime; death may be unintended)
- State v. Lind, 322 N.W.2d 826 (N.D. 1982) (accomplice and co-conspirator concepts are distinct under North Dakota law)
- Riley v. State, 60 P.3d 204 (Alaska Ct. App. 2002) (accomplice liability may attach for unintended homicides where accomplice intentionally promoted dangerous conduct; adopts Model Penal Code approach)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel: deficient performance and prejudice)
- Ex parte Simmons, 649 So.2d 1282 (Ala. 1994) (upholding accomplice liability for crimes resulting in unintended death)