HORVATH v. STATE (2020)

Supreme Court of North Dakota.

Jonathan HORVATH, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20190344

Decided: June 02, 2020

Steven J. Fischer, Bismarck, ND, for petitioner and appellant; submitted on brief. Nathan K. Madden, Assistant State's Attorney, Williston, ND, for respondent and appellee; submitted on brief.

[¶1] Jonathan Horvath appeals from an order denying his application for post-conviction relief. Following a jury trial, Horvath was convicted of murder, reckless endangerment, possession of a firearm by a convicted felon, and two counts of terrorizing. Horvath petitioned for post-conviction relief alleging ineffective assistance of counsel. The district court denied the application.

[¶2] We summarily affirm the district court's order under N.D.R.App.P. 35.1(a)(2), concluding the court's findings of fact are not clearly erroneous. The district court did not err in determining that Horvath failed to establish his trial counsel's representation fell below an objective standard of reasonableness. The evidence supports the district court's findings that Horvath's counsel's trial strategy was reasonable. N.D.R.App.P. 35.1(a)(2); see Edwardson v. State, 2019 ND 297, ¶ 9, 936 N.W.2d 376.

Per Curiam.

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

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