Smith v. State

2019 ND 33, 923 N.W.2d 149

Opinion

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