Opinion
No. 20180276
02-21-2019
Michael Keondre SMITH, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee
Scott O. Diamond, Fargo, ND, for petitioner and appellant; submitted on brief. Marina Spahr, Assistant State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
Scott O. Diamond, Fargo, ND, for petitioner and appellant; submitted on brief.
Marina Spahr, Assistant State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.
Per Curiam.
[¶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] Gerald W. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen