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2017 ND 235

Wisham v. State

North Dakota Supreme Court

Decided October 17, 2017

North Dakota Supreme Court · decided 2017-10-17

Relies on Strickland v. Washington · Broadwell v. State

Decided 2017-10-17

Per Curiam.

¶1 [¶ 1] Derek Wisham appealed from a district court order denying his application for post-conviction relief on the basis of ineffective assistance of counsel. The district court determined Wisham failed to present any evidence to satisfy the Strickland test for ineffective assistance of counsel. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We summarily affirm under N.D.R.App.P. 85.1(a)(2). Broadwell v. State, 2014 ND 6, ¶ 7, 841 N.W.2d 750 (“Courts need not address both elements of the ineffective assistance of counsel test, and if a court can dispose of the case by addressing only one element, it is encouraged to do so.”).

¶2 [¶ 2]

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