Dubois v. State

Citations

• 963 N.W.2d 543
• 2021 ND 153

Syllabus

Counsel's failure to raise a novel or groundbreaking legal claim does not constitute ineffective assistance of counsel. A district court is the best credibility evaluator in cases of conflicting testimony, and we will not second-guess the district court's credibility determinations. The procedures in Rule 11, N.D.R.Crim.P., does not apply to admissions on probation revocation. Section 12.1-32-07(6), N.D.C.C., unambiguously restrains a district court's authority in probation revocation cases to imposition of the sentence initially imposed but suspended. State v. Gefroh, 458 N.W.2d 479, 483-84 (N.D. 1990) and State v. Lindgren, 483 N.W.2d 777, 779 (N.D. 1992) are overruled.