Wisham v. State

Derek Matthew Wisham, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20170164

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge.
AFFIRMED.
Per Curiam.
Kiara C. Kraus-Parr, Grand Forks, ND, for petitioner and appellant.
Brian D. Grosinger, Assistant State's Attorney, Mandan, ND, for respondent and appellee.

Wisham v. StateNo. 20170164

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 (1984). We summarily affirm under N.D.R.App.P. 35.1(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