Fourth v. State
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FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT MARCH 17, 2022 STATE OF NORTH DAKOTA IN THE SUPREME COURT STATE OF NORTH DAKOTA 2022 ND 60 Cliffton T. Fourth, Petitioner and Appellant v. State of North Dakota, Respondent No. 20210285 Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable James S. Hill, Judge. AFFIRMED. Per Curiam. Benjamin C. Pulkrabek, Mandan, ND, for petitioner and appellant; submitted on brief. Fourth v. State No. 20210285 Per Curiam. [¶1] Cliffton Fourth appeals from an order denying his application for postconviction relief claiming he received ineffective assistance of counsel during a probation revocation hearing. Following an evidentiary hearing on his application, the district court found Fourth failed to establish the first prong of the Strickland test that his attorney’s representation fell below an objective standard of reasonableness and, even if Fourth had met the first prong, he did not establish he was prejudiced by the alleged deficient performance. The district court did not clearly err in finding Fourth did not prove ineffective assistance of counsel and denying his application for post-conviction relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2). [¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte 1
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