State v. Wilson

Citations

• 2025 ND 182

Syllabus

A probationer's right to counsel does not arise from the Sixth Amendment but rather from North Dakota Rule of Criminal Procedure 32(f)(3)(A)(iii). Because of the statutory origin of a probationer's right to counsel at a revocation hearing, the full panoply of rights due a defendant in a criminal proceeding does not apply. On review of a district court's finding that a probationer voluntarily, knowingly, and intelligently waived the right to counsel, we apply a clearly erroneous standard.