Articles Posted in North Dakota Supreme Court

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Haruna Giwa appealed the summary dismissal of his application for post-conviction relief based on a newly adopted rule of criminal procedure. Giwa pleaded guilty to interference with a telephone during an emergency call, and the district court entered the criminal judgment on November 17, 2015. Giwa was not a citizen or permanent resident of the United States. Giwa was paroled into the United States in November 2014. In 2016, the Department of Homeland Security ("DHS") terminated Giwa's parole status. As part of his guilty plea, Giwa signed an acknowledgment of rights, waiver of appearance, plea agreement, and plea on November 16, 2015. However, the acknowledgment and plea documents did not include information about the possible immigration consequences if Giwa was not a United States citizen. Giwa applied for post-conviction relief, arguing he was not advised of "the right to a jury trial, the right to cross-examine adverse witnesses, the right to be protected from compelled self-incrimination or to testify and present evidence." Giwa also argued he was not informed of the potential immigration status consequences if he pleaded guilty to interference with a telephone during an emergency call. Further, Giwa contends he did not know DHS would terminate his parole and detain him due to pleading guilty to a crime. The district court denied Giwa's application for post-conviction relief and granted the State's motion for summary disposition under N.D.C.C. 29-32.1-09. In granting the State's motion, the district court determined Giwa acknowledged his rights, including the waiver of his right to counsel. Additionally, the district court concluded the addition of N.D.R.Crim.P.11(b)(1)(j) did not apply retroactively, meaning neither the State nor the district court had an obligation to inform Giwa about the effect of a guilty plea on his immigration status. Finding no reversible error in that judgment, the North Dakota Supreme Court affirmed. View "Giwa v. North Dakota" on Justia Law