936 N.W.2d 389
N.D.2019Background
- Stein was charged with criminal vehicular homicide (Class A felony) and entered an open plea, ultimately pleading guilty to manslaughter (Class B); the court sentenced him to ten years with three years suspended and five years supervised probation.
- Stein sought post-conviction relief claiming ineffective assistance of counsel, arguing his attorney failed to advise him he would be required to serve at least 85% of any incarceration and that counsel promised he would likely receive probation.
- The district court initially denied relief; this Court partially affirmed and remanded for an evidentiary hearing on whether Stein was informed about the 85% rule. An evidentiary hearing was held on remand.
- On remand the district court again denied relief, finding counsel had discussed the 85% rule sufficiently (not actively misinforming) and Stein failed to prove prejudice under Strickland — i.e., he could not show he would have declined the plea and insisted on trial.
- Stein appealed; the Supreme Court reviewed factual findings for clear error, applied Strickland, declined to overrule Sambursky and Peterson, and affirmed the denial of post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel failed to inform Stein of the 85% mandatory-service rule | Stein: counsel did not adequately advise him he would be required to serve 85% of his sentence | State: counsel did discuss the 85% rule and did not actively misinform Stein | Court: No clear error — district court found Stein was sufficiently informed; first Strickland prong not proven |
| Whether counsel actively guaranteed probation or misled Stein about likely sentence length | Stein: counsel made assurances implying probation or parole after three years | State: counsel did not actively misinform and Stein understood sentencing range | Court: District court’s finding that counsel did not actively misinform was not clearly erroneous |
| Prejudice — whether Stein would have rejected the plea and gone to trial but for counsel’s errors | Stein: he would have pled differently (argues he might have pled to different charge or not pled) | State: Stein’s testimony was equivocal; he did not credibly show he would have insisted on trial | Court: Stein failed the second Strickland prong — he was unclear about what he would have done, so no reasonable probability he would have gone to trial |
| Whether Sambursky and Peterson should be overruled to require different advice about the 85% rule | Stein: courts should require more affirmative advice about 85% rule to make plea choices intelligent | State: existing precedents control; no overruling warranted | Court: Declined to overrule Sambursky and Peterson; applied existing precedent and affirmed denial |
Key Cases Cited
- Sambursky v. State, 751 N.W.2d 247 (N.D. 2008) (distinguishes misinformation from failure to inform; trial court finding of no active misinformation upheld)
- State v. Peterson, 927 N.W.2d 74 (N.D. 2019) (recent North Dakota precedent concerning advising defendants about mandatory-service rules)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong ineffective assistance test: performance and prejudice)
- Lindsey v. State, 852 N.W.2d 383 (N.D. 2014) (applies Strickland to guilty-plea context; prejudice shown if defendant would have gone to trial)
- Booth v. State, 893 N.W.2d 186 (N.D. 2017) (courts may dispose of ineffective-assistance claims on prejudice ground without reaching performance)