FOURTH v. STATE (2022)

[¶1] Cliffton Fourth appeals from an order denying his application for post-conviction relief claiming he received ineffective assistance of counsel during a probation revocation hearing. Following an evidentiary hearing on his application, the district court found Fourth failed to establish the first prong of the Strickland test that his attorney's representation fell below an objective standard of reasonableness and, even if Fourth had met the first prong, he did not establish he was prejudiced by the alleged deficient performance. The district court did not clearly err in finding Fourth did not prove ineffective assistance of counsel and denying his application for post-conviction relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

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