HOFF v. STATE (2022)

Supreme Court of North Dakota.

Kevin Michael HOFF, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20210291

Decided: April 14, 2022

Tyler J. Morrow (argued) and Kiara C. Kraus-Parr (on brief), Grand Forks, ND, for petitioner and appellant. Frederick R. Fremgen, State's Attorney, Jamestown, ND, for respondent appellee.

[¶1] Kevin Michael Hoff appeals from a district court order and judgment denying his amended petition for postconviction relief. On appeal, Hoff argues the court clearly erred in finding Hoff abandoned certain claims in his amended petition. We conclude the court's finding that Hoff abandoned certain claims is supported by the evidence and is not clearly erroneous.

[¶2] Hoff also argues he received ineffective assistance of counsel. He argues his attorney failed to properly advise him of applicable defenses and with proper advice he would not have pleaded guilty. The court found Hoff failed to show his attorney's representation fell below an objective standard of reasonableness. We conclude the court's finding is supported by the evidence and is not clearly erroneous. We therefore affirm the court's order and judgment under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

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