Hickey v. State
This text of 2016 ND 177 (Hickey v. State) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Filed 9/15/16 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2016 ND 177
Edward Thomas Hickey, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20160109
Appeal from the District Court of Ward County, North Central Judicial District, the Honorable Richard L. Hagar, Judge.
AFFIRMED.
Per Curiam.
Samuel A. Gereszek, P.O. Box 4, East Grand Forks, MN 56721-0004, for petitioner and appellant.
Ashley K. Schell, Ward County Assistant State’s Attorney, P.O. Box 5005, Minot, ND 58702-5005, for respondent and appellee.
Hickey v. State
[¶1] Edward Hickey appealed a district court order denying his application for post-conviction relief. In 2013, a jury found Hickey guilty of aggravated assault and terrorizing. In February 2015, Hickey applied for post-conviction relief, claiming ineffective assistance of counsel. Hickey claimed he received ineffective assistance of counsel because his trial counsel (1) failed to contact witnesses and (2) failed to use documentation which Hickey provided him to impeach the victim’s testimony. After an evidentiary hearing, in which Hickey, his trial attorney, and four other witnesses testified, the district court denied his application for post-conviction relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶2] Gerald W. VandeWalle, C.J.
Carol Ronning Kapsner
Lisa Fair McEvers
Daniel J. Crothers
Dale V. Sandstrom
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