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James Ryan BURDEN, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee
[¶1] James Ryan Burden appeals from an order denying his application for post-conviction relief following an evidentiary hearing. Burden was charged with luring minors by computer or other electronic means, a class B felony. Burden pleaded guilty under a plea agreement to an amended misdemeanor charge for contributing to the deprivation or delinquency of a minor on March 16, 2017. On appeal, Burden argues he received ineffective assistance of counsel when his attorney advised him to waive his preliminary hearing.
[¶2] A defendant must demonstrate both deficient representation by counsel and prejudice caused by the deficient representation to succeed in a post-conviction relief action. Woehlhoff v. State, 487 N.W.2d 16, 17 (N.D. 1992); Strickland v. Washington, 466 U.S. 668, 688, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The district court found that Burden had not established prejudice.
[¶3] We conclude the district court's findings regarding Burden's failure to establish prejudice are not clearly erroneous. “Courts need not address both prongs of the Strickland test, and if a court can resolve the case by addressing only one prong it is encouraged to do so.” Osier v. State, 2014 ND 41, ¶ 11, 843 N.W.2d 277. The court did not err in denying Burden's application for post-conviction relief, and we summarily affirm under N.D.R.App.P. 35.1(a)(2).
Per Curiam.
[¶4] Daniel J. Crothers, Acting C.J. Gerald W. VandeWalle Jerod E. Tufte Lisa Fair McEvers Dann E. Greenwood, D.J.[¶5] The Honorable Dann E. Greenwood, D.J., sitting in place of Jenson, C.J., disqualified.
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Docket No: No. 20200143
Decided: November 19, 2020
Court: Supreme Court of North Dakota.
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