State v. Glaum

Citations

• 2024 ND 47

Syllabus

A district court's order denying a defendant's withdrawal of guilty pleas is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). When the record on direct appeal is inadequate to determine whether the defendant received ineffective assistance of counsel, the defendant may pursue the ineffectiveness claim at a postconviction proceeding where an adequate record can be made. A defendant reserves the right to appeal non-jurisdictional claims and defenses when the defendant enters a conditional plea of guilty under N.D.R.Crim.P. 11(a)(2). A district court's decision on a motion for recusal alleging bias is reviewed under the abuse of discretion standard. A criminal defendant's right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and by N.D. Const. art. I, § 12. A four-factor balancing test is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused. The abuse of discretion standard applies to a district court's decision to deny a continuance and allow an information to be amended. When a party fails to provide supporting argument for an issue he is deemed to have waived that issue. Arguments not adequately articulated, supported, and briefed are not considered on appeal.