Benter v. State
Cases that cite this one
1 later published case cites this decision.
- Rennie v. State (N.D. 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT NOVEMBER 24, 2023 STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA 2023 ND 215
Dean Benter, Petitioner and Appellant v.
State of North Dakota, Respondent and Appellee No. 20230202
Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable Troy J. LeFevre, Judge.
AFFIRMED.
Per Curiam.
Tia L. Bossert, Dickinson, ND, for petitioner and appellant; submitted on brief.
Tonya Duffy, State’s Attorney, Valley City, ND, for respondent and appellee; submitted on brief.
Benter v. State
No. 20230202
Per Curiam. [¶1] Dean Benter appeals from a district court order denying his application for post-conviction relief. Benter argues the court erred in denying post- conviction relief because his Sixth Amendment right to counsel was violated when he received ineffective trial and appellate representation. He also argues he was denied counsel without a knowing, voluntary, and intelligent waiver. Benter represented himself at trial after waiving his right to counsel. State v. Benter, 2022 ND 101, ¶¶ 13, 16, 974 N.W.2d 403 (holding the district court did not err in finding Benter knowingly, intelligently, and voluntarily waived his right to counsel and in determining he was competent to present his own defense). [¶2] We conclude the district court’s findings that no persuasive evidence established ineffective assistance of counsel and that there was no prejudice to Benter regarding the second prong of the Strickland test—whether counsel’s representation caused prejudice—are not clearly erroneous. Courts need not address both prongs of the Strickland test if the matter can be resolved by addressing only one prong. Rencountre v. State, 2015 ND 62, ¶ 7, 860 N.W.2d 837; Osier v. State, 2014 ND 41, ¶ 11, 843 N.W.2d 277. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7); Benter, 2022 ND 101, ¶¶ 13, 16. [¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
Case-law data current through September 30, 2026. Source: CourtListener bulk data.