Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Vogt

Supreme Court of North Dakota

October 3, 2019

State of North Dakota, Plaintiff and Appellee
v.
Jason James Vogt, Defendant and Appellant

          Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John C. Irby, Judge.

          Tracy E. Hines, Assistant State's Attorney, Fargo, ND, for plaintiff and appellee; submitted on brief.

          Jason James Vogt, self-represented, Jamestown, ND, defendant and appellant; submitted on brief.

          OPINION

          VandeWalle, Chief Justice.

         [¶1] Jason James Vogt appealed from a district court's orders summarily dismissing his motion to vacate judgment and withdraw guilty plea. Vogt argues the district court erred by denying his motion before allowing him time to respond pursuant to N.D.R.Ct. 3.2(a)(2). We reverse and remand for further proceedings.

         I

         [¶2] In 2014, Vogt pleaded guilty to one felony count of gross sexual imposition and was sentenced. In 2015, Vogt applied for post-conviction relief alleging ineffective assistance of counsel. The district court denied Vogt's application. Vogt appealed and this Court affirmed. Vogt v. State, 2016 ND 48, 876 N.W.2d 485. In 2017, Vogt filed a second application for post-conviction relief. The application was denied, and Vogt did not appeal.

         [¶3] On March 7, 2019, Vogt filed a N.D.R.Ct. 3.2 motion to vacate judgment and withdraw guilty plea under N.D.R.Crim.P. 11(d). Vogt alleged: (1) his confession was coerced; (2) his attorney misinformed him of the sentence he would receive if he pleaded guilty; and (3) his plea was not entered into voluntarily, knowingly, or intelligently.

         [¶4] On March 11, 2019, the State answered. Without explicitly asserting them, the State raised the affirmative defenses of res judicata and misuse of process. The State argued that Vogt's claims were barred because the basis for his claims had already been litigated in his previous applications for post-conviction relief. The State did not move for summary disposition.

         [¶5] On March 13, 2019, without a response from Vogt, the district court issued its order denying Vogt's motion. The court found that Vogt entered a knowing and voluntary plea. The court also determined that Vogt's motion argued ineffective assistance of counsel, which was the basis for his previous applications for post-conviction relief.

         [¶6] On March 25, 2019, Vogt filed a reply brief responding to the State's arguments. On the same day, the district court issued an "Order Confirming Order Denying Defendant's Motion to Withdraw Guilty Plea AND Order Denying Motion."

         II

         [¶7] Vogt moved to vacate the criminal judgment and withdraw his guilty plea under N.D.R.Crim.P. 11(d). Vogt's motion was not titled as an application for post-conviction relief, but he has previously filed two post-conviction relief applications. When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion "seek[s] to evade the boundaries of post-conviction proceedings." Chase v. State, 2019 ND 214, ¶ 4; State v. Atkins, 2019 ND 145, ¶ 11, 928 N.W.2d 441; State v. Gress, 2011 ND 233, ΒΆ ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.