Legal Opinion · Dissent

City of Riverside v. Helenske

North Dakota Supreme Court

Decided September 29, 1987No. Cr. 870004Published

1DissentLevine, Justice

The majority avoids interpreting section 40-18-19, North Dakota Century Code, instead resting its opinion on the general rule that a voluntary guilty plea waives all non-jurisdictional defects alleged to have occurred prior to the guilty plea, including alleged violations of constitutional rights. State v. Slapnicka, 376 N.W.2d 33, 35 (N.D.1985); State v. Gilley, 289 N.W.2d 238, 240 (N.D.1980); State v. Barlow, 193 N.W.2d 455, 457 (N.D.1971). However, that rule has no application to an appeal from municipal court because such an appeal has nothing to do with “defects”, i.e., errors, either…

2Cases cited7 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Vasquez v. CourtneyOregon Supreme Court · 1975
  3. State v. SlapnickaNorth Dakota Supreme Court · 1985
  4. Bryan v. MillerNorth Dakota Supreme Court · 1944
  5. State v. BarlowNorth Dakota Supreme Court · 1971

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