Smith v. State , 923 N.W.2d 149 ( 2019 )

Filed 2/21/19 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2019 ND 33
Michael Keondre Smith, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20180276
Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Cynthia M. Feland, Judge.
AFFIRMED.
Per Curiam.
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.
Smith v. State
No. 20180276
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
1