The man accused of ambushing a priest and trying to kill him wants his conviction tossed out.
Chad Legare took an alford plea and was sentenced to 10 years in prison in November of 2018.
That means he maintains his innocence, but Wednesday his lawyer argued in front of the North Dakota Supreme Court – which heard the case on the UND campus – that the plea should be tossed out.
Legare argues he misunderstood what his defense could be at trial.
Prosecutors argue he waived his right to an appeal by taking the Alford plea.
“The constitutionality of the law can be challenged even if you plead guilty,” said Kiara Kraus-Parr, Legare’s lawyer.
“I think its a slippery slope that would lead to numerous appeals. Everybody would have an incentive, do an open plea , see if they like the sentence and if not appeal,” said Joshua Frey, the McHenry County State’s Attorney.
The justices usually write their opinions within two months.