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Kirkpatrick v. State

Supreme Court of North Dakota

March 19, 2015

Gene Carl Kirkpatrick, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.

Monty G. Mertz, Fargo Public Defender Office, Fargo, N.D., for petitioner and appellant.

Birch P. Burdick, State's Attorney, Fargo, N.D., for respondent and appellee.

Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers.

OPINION

Per Curiam.

[¶1] Gene Kirkpatrick appealed from a district court judgment denying his amended petition for postconviction relief. In 2011, Kirkpatrick was convicted by a jury of conspiracy to commit murder and conspiracy to commit burglary, and his conviction was affirmed on appeal. State v. Kirkpatrick, 2012 ND 229, 822 N.W.2d 851. In 2014, he petitioned for postconviction relief, and the district court denied his amended petition after an evidentiary hearing. Kirkpatrick appealed, arguing the district court erred in denying postconviction relief because his trial attorney's conduct fell below an objective standard of reasonableness and he was prejudiced by his trial attorney's recommendation to not testify at trial. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers.


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