Wisham v. State

2017 ND 235, 903 N.W.2d 60, 2017 WL 4639285, 2017 N.D. LEXIS 241

• Court: North Dakota Supreme Court
• Decided: October 17, 2017
• Docket: 20170164
• Status: Published

Opinion

Per Curiam.

[¶ 1] Derek Wisham appealed from a district court order denying his application for post-conviction relief on the basis of ineffective assistance of counsel. The district court determined Wisham failed to present any evidence to satisfy the Strickland test for ineffective assistance of counsel. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We summarily affirm under N.D.R.App.P. 85.1(a)(2). Broadwell v. State, 2014 ND 6, ¶ 7, 841 N.W.2d 750 (“Courts need not address both elements of the ineffective assistance of counsel test, and if a court can dispose of the case by addressing only one element, it is encouraged to do so.”).

[¶ 2]

Gerald W. VandeWalle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte