2025 ND 73
N.D.2025Background
- Said Ali was charged with eight counts of possession of prohibited materials after allegedly possessing videos involving sexual conduct by a minor.
- Prior to trial, Ali filed a motion in limine seeking to exclude the video evidence and related witness testimony.
- The district court denied the motion in limine after a hearing.
- Ali, his counsel, and the State signed a written stipulation indicating intent to enter conditional guilty pleas preserving Ali's right to appeal on the suppression issue.
- Ali pled guilty to all counts, but the resulting criminal judgment did not specify the pleas were conditional.
- On appeal, Ali did not provide a transcript of the change of plea hearing, and the record was unclear on whether the court accepted conditional pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ali preserved the right to appeal the denial of his motion in limine by entering a conditional guilty plea | Ali did not meet the requirements for a conditional plea under Rule 11(a)(2); no clear record or judgment. | Ali argued he entered a conditional plea allowing him to appeal the pretrial ruling. | Issue not preserved; judgment affirmed as there's no record evidence of a conditional plea. |
Key Cases Cited
- State v. Abuhamda, 923 N.W.2d 498 (N.D. 2019) (strict compliance needed for conditional guilty pleas under Rule 11(a)(2))
- State v. Trevino, 807 N.W.2d 211 (N.D. 2011) (court can accept conditional guilty pleas if consent is recorded on the record)
- State v. McCleary, 16 N.W.3d 445 (N.D. 2025) (judgment must clearly state if guilty plea is conditional)
- Field v. Field, 6 N.W.3d 595 (N.D. 2024) (appellant's obligation to provide necessary transcripts for appeal)
- State v. Glaum, 4 N.W.3d 540 (N.D. 2024) (risks of failing to submit transcript on appeal)
