Pederson v. State

Citations

• 2026 ND 1

Syllabus

Ineffective assistance of counsel claims ordinarily are unsuited for summary disposition and denial without an evidentiary hearing. Summary disposition of an applicant's ineffective assistance of counsel claims is error when the State does not move for summary disposition and instead requests a hearing on the claims. A court's subject matter jurisdiction can be challenged at any stage of the proceedings, including during postconviction relief. A judge presented with a motion for disqualification must determine whether a reasonable person could, on the basis of all the facts, reasonably question the judge's impartiality.