Caster v. North Dakota

Lekemia D’Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. On May 6, 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to eighteen months’ probation. The State filed a petition for revocation in June 2016. On August 1, 2016, Caster applied for indigent defense services but was denied due to his income. The letter notifying Caster of this denial was returned undeliverable on August 12, 2016. A revocation hearing held on September 13, 2016, resulted in Caster’s probation being revoked and he received an eighteen month prison sentence. Caster appealed the revocation judgment which was summarily affirmed by the North Dakota Supreme Court. On October 8, 2018, Caster filed an application for post-conviction relief alleging newly discovered evidence and an unlawful sentence, which was denied. The Supreme Court concluded the post-conviction relief court failed to explain its reasoning in its order. The matter was remanded for further proceedings. View "Caster v. North Dakota" on Justia Law