Keller v. State

North Dakota Supreme Court

Keller v. State

2019 ND 116, 926 N.W.2d 705

CourtNorth Dakota Supreme Court

DecidedMay 16, 2019

Docket20180391

StatusPublished

This text of 2019 ND 116 (Keller 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.

Bluebook

Keller v. State, 2019 ND 116, 926 N.W.2d 705 (N.D. 2019).

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Opinion

Per Curiam.

*706 [¶1] Thomas Jeames Keller appealed from a district court order denying his application for post-conviction relief. Keller argues the district court erred in denying his application for post-conviction relief because Keller was prejudiced by ineffective assistance of counsel when his attorney failed to obtain a pre-sentence investigation report prior to sentencing. We summarily affirm under N.D.R.App.P. 35.1(a)(7) because Keller did not show there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. See Booth v. State , 2017 ND 97 , ¶ 13, 893 N.W.2d 186 (a defendant who pleads guilty knowingly and voluntarily cannot show in what manner actual prejudice resulted from his trial counsel's failure to investigate more thoroughly).

[¶2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

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Per Curiam.

*706 [¶1] Thomas Jeames Keller appealed from a district court order denying his application for post-conviction relief. Keller argues the district court erred in denying his application for post-conviction relief because Keller was prejudiced by ineffective assistance of counsel when his attorney failed to obtain a pre-sentence investigation report prior to sentencing. We summarily affirm under N.D.R.App.P. 35.1(a)(7) because Keller did not show there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial. See Booth v. State , 2017 ND 97 , ¶ 13, 893 N.W.2d 186 (a defendant who pleads guilty knowingly and voluntarily cannot show in what manner actual prejudice resulted from his trial counsel's failure to investigate more thoroughly).

[¶2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

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2019 ND 116, 926 N.W.2d 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-state-nd-2019.

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