State v. James

Citations

• 2020 ND 136

Syllabus

The deprivation of the right to counsel is a structural error. This Court reviews an alleged denial of a defendant's right to counsel de novo. Rule 11 (b)(1)(C) of the North Dakota Rules of Criminal Procedure does not extend beyond the procedure for accepting a plea of guilty. Rule 11(b)(1)(C) of the North Dakota Rules of Criminal Procedure does not impose a duty on the court to inform non-indigent defendant that the court may appoint an attorney to represent him at his own expense if he was unable to retain his own attorney. Rule 44(a)(3) of the North Dakota Rules of Criminal Procedure permits the court to appoint an attorney to represent a non-indigent defendant at their own expense if they are unable to retain their own attorney. A defendant knowingly and intelligently waives their right to counsel when they are informed that they will be held to the same standards as an attorney. Objections to a search warrant cannot be raised for the first time on appeal. When an issue is not raised in the trial court, even a constitutional issue involving a defendant's right to confront witnesses, this Court will not address the issue on appeal unless the alleged error rises to the level of obvious error.