Legal Opinion

Parshall v. State

North Dakota Supreme Court

Decided March 8, 2018No. 20170301PublishedCited by 3 opinions

1Opinion of the Court

Crothers, Justice.

[¶ 1] Russell Bruce Parshall appeals from the district court's order denying his application for post-conviction relief. Parshall petitioned the district court to vacate a criminal conviction for refusal to submit to *435 a blood test in 2014. We reverse and remand, concluding the district court erred in its interpretation of the plea agreement.

I

[¶ 2] On July 28, 2015 Parshall pled guilty to "Driving Under the Influence N.D.C.C. § 39-08-01 (First Offense Refusal)" by a N.D.R.Crim.P. 43 plea agreement. Parshall's Rule 43 Change of Plea and Sentencing Appearance Waiver listed the…

Also in this document: Concurrence; Concurring in part, dissenting in part.

2Cases cited27 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Montgomery v. LouisianaSupreme Court of the United States · 2016
  4. Schriro v. SummerlinSupreme Court of the United States · 2004
  5. Welch v. United StatesSupreme Court of the United States · 2016

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3Cited by3 opinions

  1. Morel v. StateNorth Dakota Supreme Court · 2018
  2. Black Elk v. StateNorth Dakota Supreme Court · 2023
  3. State v. DahlNorth Dakota Supreme Court · 2020

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