Opinion
20230402
05-16-2024
Jose Javier Rivera-Rieffel, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee
Samuel A. Gereszek, Grand Forks, ND, for petitioner and appellant; submitted on brief. Julie A. Lawyer, State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bobbi Weiler, Judge.
Samuel A. Gereszek, Grand Forks, ND, for petitioner and appellant; submitted on brief.
Julie A. Lawyer, State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
PER CURIAM.
[¶1] Jose Javier Rivera-Rieffel appeals from an order denying his application for postconviction relief entered after an evidentiary hearing. Rivera-Rieffel argues he received ineffective assistance of counsel when his trial counsel failed to object to certain testimony and seek a curative jury instruction. We conclude the district court did not clearly err in finding Rivera-Rieffel failed to show he was prejudiced by counsel's alleged deficient performance under prong two of the Strickland test. See Roth v. State, 2007 ND 112, ¶ 9, 735 N.W.2d 882 ("If it is easier to dispose of an ineffective assistance of counsel claim on the ground of lack of sufficient prejudice, that course should be followed."). We summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr