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Smith v. State

SUPREME COURT STATE OF NORTH DAKOTA
Feb 21, 2019
923 N.W.2d 149 (N.D. 2019)

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


Summaries of

Smith v. State

SUPREME COURT STATE OF NORTH DAKOTA
Feb 21, 2019
923 N.W.2d 149 (N.D. 2019)
Case details for

Smith v. State

Case Details

Full title:Michael Keondre Smith, Petitioner and Appellant v. State of North Dakota…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Feb 21, 2019

Citations

923 N.W.2d 149 (N.D. 2019)
2019 N.D. 33