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