North Dakota v. VogtAnnotate this Case
Jason Vogt appealed a district court’s orders summarily dismissing his motion to vacate judgment and withdraw guilty plea. In 2014, Vogt pleaded guilty to one felony count of gross sexual imposition and was sentenced. In 2015, Vogt applied for post-conviction relief alleging ineffective assistance of counsel. The district court denied Vogt’s application. Vogt appealed and the North Dakota Supreme Court affirmed. In 2017, Vogt filed a second application for post-conviction relief. The application was denied, and Vogt did not appeal. On March 7, 2019, Vogt filed a N.D.R.Ct. 3.2 motion to vacate judgment and withdraw guilty plea under N.D.R.Crim.P. 11(d). Vogt alleged: (1) his confession was coerced; (2) his attorney misinformed him of the sentence he would receive if he pleaded guilty; and (3) his plea was not entered into voluntarily, knowingly, or intelligently. Without explicitly asserting them, the State raised the affirmative defenses of res judicata and misuse of process. The State argued that Vogt’s claims were barred because the basis for his claims had already been litigated in his previous applications for post-conviction relief. The State did not move for summary disposition. Without a response from Vogt, the district court issued its order denying Vogt’s motion. Vogt argued the district court erred by denying his motion before allowing him time to respond pursuant to N.D.R.Ct. 3.2(a)(2). The Supreme Court concurred, reversed and remanded for further proceedings.