SMITH v. STATE (2019)

Supreme Court of North Dakota.

Michael Keondre SMITH, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20180276

Decided: February 21, 2019

Scott O. Diamond, Fargo, ND, for petitioner and appellant; submitted on brief. Marina Spahr, Assistant State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

[¶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.”).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers Jon J. Jensen

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law