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2019 ND 33

Smith v. State

North Dakota Supreme Court

Decided February 21, 2019

North Dakota Supreme Court · decided 2019-02-21

A district court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Relies on Steinbach v. State

Decided 2019-02-21

Per Curiam.

¶1 [¶1] Michael Keondre Smith appealed from a district court order denying his application for post-conviction relief. Smith argues that he received ineffective assistance of counsel based on his trial counsel's failure to reasonably investigate prior to trial and failure to call a police officer as a witness. We summarily affirm under N.D.R.App.P. 35.1(a)(2). See Steinbach v. State , 2015 ND 34 , ¶ 10, 859 N.W.2d 1 ("[t]he applicant must first overcome the strong presumption counsel's representation fell within the wide range of reasonable professional assistance.").

¶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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