State v. Demerais

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
SEPTEMBER 30, 2021
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2021 ND 174State of North Dakota, Plaintiff and Appellee
v.
Jacqueline Carol Demerais, Defendant and Appellant
No. 20210012
Appeal from the District Court of Grand Forks County, Northeast Central
Judicial District, the Honorable John A. Thelen, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Justice.
Rachel R. Egstad, State’s Attorney, Grand Forks, ND, for plaintiff and appellee.
Alexander F. Reichert, Grand Forks, ND, for defendant and appellant.
State v. Demerais
No. 20210012
VandeWalle, Justice.
[¶1] Jacqueline Demerais appealed from a criminal judgment convicting her
of aggravated assault. Demerais argues the evidence at trial was insufficient
to support her conviction for aggravated assault. We conclude that the verdict
is supported by substantial evidence. We summarily affirm under
N.D.R.App.P. 35.1(a)(3).
[¶2] Demerais also argues, on direct appeal, that she received ineffective
assistance of counsel at trial because her attorney failed to make proper
objections and failed to request a less-included charge. In addressing
ineffective assistance of counsel claims on direct appeal, we noted:
[A]n ineffective assistance of counsel claim should not be brought
on direct appeal. Ineffective assistance of counsel claims are best
brought in a post-conviction relief proceeding where the parties are
able to fully develop the record. When a claim is raised on direct
appeal, we review the record to determine if counsel was plainly
defective. When the record on direct appeal is inadequate to
determine whether the defendant received ineffective assistance,
the defendant may pursue the ineffectiveness claim at a post-
conviction proceeding where an adequate record can be made.
State v. Keener, 2008 ND 156, ¶ 13, 755 N.W.2d 462 (internal citations and
quotations omitted).
[¶3] We conclude the record is not adequate to determine Demerais’
ineffective assistance of counsel claim, but the issue may be pursued in a post-
conviction proceeding where an adequate record can be made. See State v.
Atkins, 2016 ND 13, ¶ 9, 873 N.W.2d 676; State v. Blurton, 2009 ND 144, ¶ 21,
770 N.W.2d 231.
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[¶4] We affirm the criminal judgment.
[¶5] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
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