Kisi v. State
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In the case before the Supreme Court of North Dakota, the appellant Jean-Michael Kisi appealed from orders dismissing in part and denying in part his application for postconviction relief. Kisi contended that he was wrongfully convicted of a non-cognizable offense, accomplice to attempted murder. He further argued that he received ineffective assistance of counsel, the lower court followed improper trial procedures, and the State committed prosecutorial misconduct.
The Supreme Court of North Dakota upheld the lower court's decision, affirming that an attempted knowing murder is not a cognizable offense. However, the Court found that the erroneous inclusion of "knowing" in the jury instruction was harmless beyond a reasonable doubt, as the evidence presented indicated that the jury convicted Kisi of attempted intentional murder.
Kisi's claim of ineffective assistance of counsel was also dismissed. The Court held that there was no genuine issue of material fact, and the representation of his counsel did not fall below an objective standard of reasonableness. Kisi's claims regarding improper trial procedure and prosecutorial misconduct were summarily dismissed. The Court, therefore, affirmed the lower court's order dismissing in part and denying in part Kisi's application for postconviction relief.
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