North Dakota Supreme Court· 10/1/1985

State v. Orr

Citations

375 N.W.2d 171
1985 N.D. LEXIS 409

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing “the right to counsel under [the North Dakota] Constitution is fundamental because it enables an accused to procure a fair trial”
interpreting right to counsel provision of state constitution in view of statutes in effect when constitution adopted
interpreting right to counsel provision of state constitution in view of statutes in effect when constitution adopted
finding an individual may not receive an enhanced penalty for a second DUI offense where first DUI conviction resulted from an uncounseled guilty plea without evidence of waiver of counsel
art. I, § 12, North Dakota constitution, provides a broader right to counsel than does federal constitution
A “silent record is insufficient to overcome the presumption that the prior uncounseled conviction was void for enhancement purposes.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Levine, Vande Walle, Meschke, Gierke, Erickstad

Read full opinion on CourtListener

Cited by

63 cases in this archive cite this case; the 20 most cited are listed.

Cites

37 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. Orr

76 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.