Spath v. State

Spath v. State, 2000 ND 40, 609 N.W.2d 455

[Go to Documents]Filed Mar. 21, 2000[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2000 ND 40

Adrian M. Spath, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 990302

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
AFFIRMED.
Per Curiam.
Douglas W. Nesheim, Wegner, Fraase, Nordeng, Johnson & Ramstad, 15 South 9th Street, Fargo, ND 58103, for petitioner and appellant.
Adam W. Hamm, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for respondent and appellee.

Spath v. State
No. 990302

Per Curiam.

[¶1] Adrian M. Spath appealed from a judgment dismissing his petition for post-conviction relief. Spath asserts he was not afforded his Sixth Amendment right to effective assistance of counsel. The trial court found Spath failed to establish that his counsel's representation fell below an objective standard of reasonableness and that, absent counsel's errors as alleged by Spath, the result of the proceedings against him would have been different. We affirm under N.D.R.App.P. 35.1(a)(2).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner