State v. Lee
2012 ND 97
| N.D. | 2012Background
- Kooser was charged in May 2007 with class AA felony gross sexual imposition for acts with a 7-year-old girl.
- An amended information was filed on February 21, 2008 charging class A felony gross sexual imposition; Kooser entered an Alford plea on February 28, 2008 and was sentenced to 10 years with four suspended and five years on probation.
- In May 2011 Kooser, pro se, sought postconviction relief on eight grounds and requested counsel; counsel was appointed and an amended application followed in July 2011 alleging invalid plea and ineffective assistance.
- The State moved to dismiss; the district court denied the motion; an evidentiary hearing was held in November 2011; the district court denied the postconviction relief in December 2011.
- Postconviction proceedings are civil in nature and governed by ND Rules of Civil Procedure; findings are reviewed for clear error and questions of law are fully reviewable.
- Kooser appeals the denial, arguing (1) the Alford plea was accepted without adequate factual basis and (2) trial counsel provided ineffective assistance; the Supreme Court affirms the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was withdrawal of the Alford plea proper? | Kooser contends plea lacked adequate factual basis. | State asserts the State's offer of proof supplied a valid factual basis. | No abuse of discretion; factual basis supported the plea |
| Did Kooser receive ineffective assistance of counsel? | Kooser claims counsel failed to adequately represent him. | State argues counsel's performance was reasonable given the circumstances. | Kooser failed to prove deficient performance; prejudice not shown |
| Should the postconviction relief be granted based on the arguments presented? | Kooser seeks relief on grounds including inadequate plea and ineffective counsel. | State opposes relief, arguing the district court acted properly. | District court's denial affirmed; relief denied on the presented grounds |
Key Cases Cited
- Sambursky v. State, 2008 ND 133 (ND 2008) (civil postconviction standard; clear error standard for findings)
- Wong v. State, 2011 ND 201 (ND 2011) (review of questions of law in postconviction proceedings)
- Abdi v. State, 2000 ND 64 (ND 2000) (withdrawal of guilty plea and manifest injustice standard)
- Hagemann, 326 N.W.2d 861 (ND 1982) (Alford pleas may be accepted in North Dakota; factual basis via offer of proof)
- Kaiser v. State, 417 N.W.2d 175 (ND 1987) (elements of offense; method to establish factual basis)
- State v. Jones, 2011 ND 234 (ND 2011) (discretion in ruling on motion to withdraw plea)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (permitting guilty plea without admission of guilt when evidence supports conviction)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (standard for prejudice in guilty pleas)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged test for ineffective assistance of counsel)