807 N.W.2d 567
N.D.2011Background
- Gress pled guilty in 2006 to multiple offenses including two counts of aggravated assault, burglary, two DVPO violations, and simple assault.
- In 2008, Gress sought post-conviction relief which the district court denied after a hearing; he did not appeal.
- In 2011, Gress moved to suspend his sentence or withdraw his guilty plea arguing coercion, illegality, and lack of knowledge of consequences.
- The district court denied the motion in 2011 with a brief written denial; the court later remanded following our prior decision in State v. Gress, 2011 ND 193.
- The district court on remand explained it would have denied both requests based on its view of the record; the Supreme Court then remanded for further proceedings consistent with its opinion.
- Gress’s motion was treated as a second post-conviction relief application; the court summarily denied it without notice or opportunity to respond, and without proper Rule 56 procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal of a guilty plea is permitted post-sentencing to correct manifest injustice | Gress seeks withdrawal to correct manifest injustice due to lack of knowability/voluntariness | State contends withdrawal was untimely or unsupported; no manifest injustice shown | Warranted to reverse and remand for proceedings consistent with this opinion |
| Whether summary denial without notice or response violated procedural rights | Gress should have notice and opportunity to respond under Rule 56 | District court could dismiss for failure to state a claim | District court erred; required notice and opportunity to present evidence under Rule 56 and related precedents |
| Whether court properly considered outside-record evidence in denying relief | Manifest injustice claim may rely on outside-record facts; petitioner must be allowed to respond | Court properly relied on the file/record | Error to rely on outside-record without giving hearing or response opportunity |
Key Cases Cited
- Eaton v. State, 2011 ND 35 (2011) (treatment of post-conviction relief to withdraw a guilty plea under N.D.R.Crim.P. 11(d))
- Patten v. State, 2008 ND 29 (2008) (withdrawal of guilty plea procedure guidance under ND law)
- Pixler v. State, 2010 ND 105 (2010) (necessity of notice and opportunity to respond when outside-record facts are involved)
- Berlin v. State, 2005 ND 110 (2005) (requirements of Rule 56 when summarily dismissing post-conviction relief applications)
- Wong v. State, 2010 ND 219 (2010) (analysis of summary dismissal and procedure for post-conviction relief under ND law)
- State v. Gress, 2011 ND 193, 803 N.W.2d 607 (2011) (prior remand for explanation of district court decision on post-conviction relief)