LAVALLIE v. STATE (2019)

Supreme Court of North Dakota.

Curtis LAVALLIE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20190007

Decided: May 16, 2019

Kyle R. Craig, Minot, N.D., for petitioner and appellant; submitted on brief. Nathan K. Madden, State’s Attorney, Williston, N.D., for respondent and appellee; submitted on brief.

[¶1] Curtis Lavallie appeals a district court order summarily dismissing his post-conviction relief application claiming ineffective assistance of counsel at his probation revocation hearing.

[¶2] Lavallie failed to establish prejudice under Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Pursuant to an agreement with the State for a specific sentence recommendation, Lavallie admitted to twelve of thirteen allegations supporting the petition to revoke his probation. To establish prejudice, Lavallie must show a probability sufficient to undermine confidence in the outcome—his decision to admit to the alleged violations rather than deny them and proceed to a contested revocation hearing. See State v. Yost, 2018 ND 157, ¶ 25, 914 N.W.2d 508. Summary dismissal is appropriate where, as is the case here, the application is “clearly and unambiguously contradicted by the record.” Stein v. State, 2018 ND 264, ¶ 10, 920 N.W.2d 477. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

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