Wong v. State
804 N.W.2d 382
| N.D. | 2011Background
- Wong pled guilty in August 2009 to gross sexual imposition and aggravated assault; pre-sentence competency and responsibility evaluations were ordered.
- A new attorney was assigned in October 2009; a doctor attempted to evaluate Wong on November 19, 2009, but Wong refused.
- Wong was sentenced on December 15, 2009 to life without parole for gross sexual imposition and five years for aggravated assault; he did not appeal.
- On April 12, 2010 Wong filed a petition for post-conviction relief alleging an unlawfully induced plea due to incompetence, discovery failures, and ineffective assistance.
- The district court summarily dismissed in May 2010; this Court reversed and remanded; a post-conviction hearing occurred on March 16, 2011, after which relief was denied.
- The Supreme Court affirmed the district court’s denial of post-conviction relief, applying standard post-conviction review and burden of proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea unlawfully induced by incompetence? | Wong contends incompetence at plea undermines validity. | State disputes incompetence and supports plea validity. | No proven incompetence; plea valid. |
| Did sentencing violate NDCC § 12.1-04-04 due to mental incapacity? | Wong argues incapacity at sentencing due to mental disease. | State contends no basis in record to void sentencing. | Argument not sufficient; no error in sentencing. |
| Did Wong receive ineffective assistance of counsel at sentencing? | Counsel failed to pursue evaluation, halted sentencing, and did not move to vacate. | Counsel’s actions were reasonable; burden not met. | District court did not err; heavy burden unmet. |
Key Cases Cited
- State v. Steen, 690 N.W.2d 239 (2004 ND 228) (petitioner bears burden to establish a basis for post-conviction relief)
- Clark v. State, 758 N.W.2d 900 (2008 ND 234) (mixed questions of law and fact; abuse of discretion standard for post-conviction review)
- Lange v. State, 522 N.W.2d 179 (ND 1994) (reasonableness standard for counsel performance)
- Berlin v. State, 604 N.W.2d 437 (2000 ND 13) (new issues raised on appeal generally not considered)
- Patten v. State, 745 N.W.2d 626 (2008 ND 29) (overarching standard for reasonableness of counsel)