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541 N.W.2d 702

State v. Bengson

North Dakota Supreme Court

Decided January 5, 1996

North Dakota Supreme Court · decided 1996-01-05

Cited by 9 later decisions — most recently June 2008

9 state decisions

Key passage — most relied on by later courts

“'Without a record scrutinizing the reasons underlying counsel's conduct, adjudging it subpar is virtually impossible.' . . . `If we cannot readily determine that assistance of trial counsel was plainly defective, and no other grounds for reversal exist, the defendant can later pursue his claim at a postconviction proceeding where an adequate record can be developed.'”

quoted by 1 later decision, including In Re KL

“[For] claims [of] ineffective assistance of counsel on direct appeal, we examine the entire record. If the record affirmatively shows that counsel was ineffective, we will consider the merits of the ineffectiveness claim.”

quoted by 1 later decision, including In Re KL

Relies on State v. Ricehill · State v. Denney

Good law ✅— No negative treatment on recordhow we know

Decided 1996-01-05

View the full empirical analysis of this case →

LEVINE, Justice.

¶1 Stephanie Lyn Bengson appeals from a jury conviction of harassment, a violation of section 12.1-17-07, NDCC. She claims ineffective assistance of counsel. We affirm.

¶2 Bengson was charged with making “repeated and harassing” telephone calls to the home of her ex-boyfriend’s parents. Trial testimony showed that Bengson made thirty-five telephone calls to the home over a two-day period. The jury found her guilty of harassment and she appealed.

¶3 On appeal, Bengson claims she received ineffective assistance of counsel. She argues her trial attorney did not sufficiently “explore” whether she had a legitimate purpose for making the telephone calls and did not sufficiently investigate her case.

¶4*703 When a criminal defendant claims ineffective assistance of counsel on direct appeal, we examine the entire record. State v. Ricehill, 415 N.W.2d 481 (N.D.1987). If the record affirmatively shows that counsel was ineffective, we will consider the merits of the ineffectiveness claim. Id. at 485 When the record is inadequate to show defective assistance, and no other issues are raised, the defendant may pursue the ineffectiveness claim “at a postconviction proceeding where an adequate record can be developed.” State v. Denney, 417 N.W.2d 181, 183 (N.D.1987).

¶5 It is not apparent from the record that Bengson’s trial attorney failed to explore the issue of whether Bengson’s calls had a legitimate purpose. There is no evidence in the record about the extent of the investigation Bengson’s trial attorney conducted. Based on the record before us, we cannot conclude that Bengson’s trial attorney conducted a deficient defense.

¶6 We affirm.

VANDE WALLE, C.J., and MESCHKE, SANDSTROM and NEUMANN, JJ., concur.
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