COTTON v. STATE (2026)

Supreme Court of North Dakota.

Carrie Beth COTTON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

Nos. 20260165-20260168

Decided: October 15, 2026

Justin M. Balzer, Bismarck, ND, for petitioner and appellant; submitted on brief. Kara E. Brinster, State's Attorney, Carrington, ND, for respondent and appellee; submitted on brief.

[¶1] Carrie Cotton appeals from an order denying her application for postconviction relief. We treat Cotton's appeal as if it were taken from a judgment the district court subsequently entered consistent with the order. See McDermott v. State, 2026 ND 127, ¶ 1, 37 N.W.3d 273. We conclude the court did not err when it found Cotton failed to show she was prejudiced by counsel's allegedly deficient performance under the second prong of the test set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). See Duffi v. State, 2025 ND 226, ¶ 2, 29 N.W.3d 848 (encouraging courts to resolve cases under a single Strickland prong when possible). We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶2] Lisa Fair McEvers, C.J. Jerod E. Tufte Jon J. Jensen Douglas A. Bahr Mark A. Friese

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