Legal Opinion

State v. Cummings

North Dakota Supreme Court

Decided April 23, 1986No. Cr. 1130PublishedCited by 67 opinions

1Opinion of the Court

LEVINE, Justice.

Terry Cummings appeals his sentences for driving while under the influence (DUI) and driving while license suspended (DUS) in violation of North Dakota Century Code § 39-08-01 and § 39-06-42. We reverse and remand.

*469DUI

Cummings was charged with DUI with two prior convictions within five years, a class A misdemeanor. NDCC § 39-08-01(3). Cummings moved to suppress evidence of his two prior DUI convictions upon the ground that they resulted from uncounseled guilty pleas without valid waivers of counsel. Subsequently, the State conceded it could not show Cummings had waived counsel…

Also in this document: Concurrence.

2Cases cited29 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. In Re EstradaCalifornia Supreme Court · 1965
  4. People v. OliverNew York Court of Appeals · 1956
  5. State v. OrrNorth Dakota Supreme Court · 1985

24 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. State v. DickSupreme Court of Louisiana · 2007
  2. State v. MayeuxSupreme Court of Louisiana · 2002
  3. State v. BurrNorth Dakota Supreme Court · 1999
  4. State v. EnnisNorth Dakota Supreme Court · 1990
  5. Holiday v. United StatesDistrict of Columbia Court of Appeals · 1996

62 more not listed; retrieve them via the Exa API.

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