Legal Opinion

State v. McClary

North Dakota Supreme Court

Decided February 18, 2016No. 20150218PublishedCited by 8 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Michael Mills McClary, self-represented, appeals from orders denying his motion to correct an illegal sentence and denying his motion for reconsideration. We reverse and remand for the district court to determine whether McClary is eligible for court-appointed counsel and for further consideration of the merits of his motion.

I

[¶ 2] In April 2011, McClary was charged with five counts of gross sexual imposition. The first four counts were alleged to have occurred in 2010 and the penalty sections for those offenses were listed in the criminal complaint as class A or AA…

2Cases cited14 opinions

  1. Owens v. StateNorth Dakota Supreme Court · 1998
  2. Falcon v. StateNorth Dakota Supreme Court · 1997
  3. Mertz v. StateNorth Dakota Supreme Court · 1995
  4. State v. NaceNorth Dakota Supreme Court · 1985
  5. State v. JohnsonNorth Dakota Supreme Court · 1997

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

3Cited by8 opinions

  1. State v. AtkinsNorth Dakota Supreme Court · 2019
  2. Dubois v. StateNorth Dakota Supreme Court · 2021
  3. State v. GonzalezNorth Dakota Supreme Court · 2024
  4. State v. KovalevichNorth Dakota Supreme Court · 2023
  5. State v. AtkinsNorth Dakota Supreme Court · 2019

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

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