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2025 ND 159

Duchaine v. State

North Dakota Supreme Court

Decided September 25, 2025

North Dakota Supreme Court · decided 2025-09-25

An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Decided 2025-09-25

                   IN THE SUPREME COURT
                   STATE OF NORTH DAKOTA

                                  
2025 ND 159

Stacey Rae Duchaine,                                   Petitioner and Appellant
      v.
State of North Dakota,                                Respondent and Appellee



                                 No. 20250118

Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Jackson J. Lofgren, Judge.

AFFIRMED.

Per Curiam.

Kiara C. Kraus-Parr, Grand Forks, N.D., for petitioner and appellant; on brief.

Julie A. Lawyer, State’s Attorney, Bismarck, N.D., for respondent and appellee;
on brief.
                               Duchaine v. State
                                No. 20250118

Per Curiam.

[¶1] Stacey Duchaine appeals from an order denying her application for
postconviction relief entered after an evidentiary hearing. Duchaine argues the
district court erred by not allowing her to withdraw her guilty plea to driving
under suspension. She contends the court erred in concluding she failed to
factually establish a probable cause determination was not made within 48 hours
of her arrest, failed to establish she was prejudiced by any alleged delay of the
probable cause determination, and waived the delayed probable cause
determination argument by pleading guilty. We summarily affirm under
N.D.R.App.P. 35.1(a)(7). See State v. Greene, 
2025 ND 10, ¶ 6
, 
16 N.W.3d 188
(“Generally, a guilty plea waives all non-jurisdictional claims and defenses.”).

[¶2] Jon J. Jensen, C.J.
     Daniel J. Crothers
     Lisa Fair McEvers
     Jerod E. Tufte
     Douglas A. Bahr




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