NORGAARD PLEA OF GUILTY – Unable to Recall Facts (15-16)

NORGAARD PLEA OF GUILTY: A Norgaard Plea is a procedure that governs situations where a defendant wants to enter a plea of guilty (usually in order to take advantage of a plea agreement) but is unable to recall facts due to intoxication or amnesia. Unlike an Alford plea (see update 14-18) in a Norgaard plea, defendant does not make a claim he is innocent. State v. Ecker, 524 N.W.2d 712, 716 (Minn.1994); State v. Johnson, A14-1605, Minn. App. June 29, 2015.

To the dismay of the Court of Appeals, there are certain judicial mistakes/oversights that tend to reoccur with every new generation of judges and attorneys. Two of the most common oversights involve Alford and Norgaard pleas of guilty. These oversights almost always involve failure to make a complete record. Creating a full and complete record to support any plea of guilty should be viewed as a collaborative effort shared by both judge and attorneys.

The proper procedure for an Alford plea of guilty can be found in Update 14-18, dated October 8, 2014.

This week’s judicial update outlines the procedure that the district court must follow before a Norgaard plea of guilty can be accepted.

TO READ THE FULL UPDATE CLICK ON THE FOLLOWING LINK:

PendletonUpdate 15-16