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2019 ND 116

Keller v. State

North Dakota Supreme Court

Decided May 16, 2019

North Dakota Supreme Court · decided 2019-05-16

Summary affirmance of district court's denial of post-conviction relief.

Relies on Booth v. State

Decided 2019-05-16

Per Curiam.

¶1 *706 [¶1] Thomas Jeames Keller appealed from a district court order denying his application for post-conviction relief. Keller argues the district court erred in denying his application for post-conviction relief because Keller was prejudiced by ineffective assistance of counsel when his attorney failed to obtain a pre-sentence investigation report prior to sentencing. We summarily affirm under N.D.R.App.P. 35.1(a)(7) because Keller did not show there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. See Booth v. State , 2017 ND 97 , ¶ 13, 893 N.W.2d 186 (a defendant who pleads guilty knowingly and voluntarily cannot show in what manner actual prejudice resulted from his trial counsel's failure to investigate more thoroughly).

¶2 [¶2] Gerald W. VandeWalle, C.J.

¶3 Jerod E. Tufte

¶4 Daniel J. Crothers

¶5 Lisa Fair McEvers

¶6 Jon J. Jensen

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