Smith v. State

North Dakota Supreme Court
Smith v. State, 2019 ND 33 (N.D. 2019)
923 N.W.2d 149
Per Curiam

Smith v. State

Opinion

Per Curiam.

[¶1] Michael Keondre Smith appealed from a district court order denying his application for post-conviction relief. Smith argues that he received ineffective assistance of counsel based on his trial counsel's failure to reasonably investigate prior to trial and failure to call a police officer as a witness. We summarily affirm under N.D.R.App.P. 35.1(a)(2). See Steinbach v. State , 2015 ND 34 , ¶ 10, 859 N.W.2d 1 ("[t]he applicant must first overcome the strong presumption counsel's representation fell within the wide range of reasonable professional assistance.").

[¶2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Reference

Full Case Name
Michael Keondre SMITH, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee
Cited By
1 case
Status
Published
Syllabus
A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).