PELTIER v. STATE (2024)

[¶1] Dalton Peltier appeals from a district court's order denying his applications for postconviction relief. He argues he received ineffective assistance of counsel at trial, which led to his conviction. We summarily affirm.

[¶2] After an evidentiary hearing, the district court found Peltier failed to meet his burden to prove his attorney provided ineffective assistance of counsel. The court also found Peltier failed to support his ineffective assistance of counsel allegations with evidence or citations to the record. The court found Peltier was not prejudiced over the lack of a Batson challenge because venire was full before the issue arose. Batson v. Kentucky, 476 U.S.79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The court's findings were not induced by an erroneous view of the law, evidence exists to support the findings, and, on the entire record, this Court is not left with a definite and firm conviction a mistake was made. We summarily affirm under N.D.R.App. 35.1(a)(2).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas L. Mattson, D.J.[¶4] The Honorable Douglas L. Mattson, D.J., sitting in place of Bahr, J., disqualified.