Smith v. State

Citations

• 2025 ND 189

Syllabus

An attorney's representation of a criminal defendant fell below an objective standard of reasonableness when the attorney failed to exclude certain evidence under N.D.R.Ev. 404(b) prior to trial, failed to object to the evidence at trial, failed to request a limiting or curative instruction after the evidence was introduced, and failed to develop an obvious error argument regarding the evidence on direct appeal. The district court erred in concluding a criminal defendant was prejudiced by counsel's representation without first assessing counsel's errors within the context of the remaining evidence properly presented and the overall conduct of the trial to determine whether there was a reasonable probability that the outcome of the proceeding would have been different. The case is remanded to supplement the record with additional evidence from the original record, if possible, and to permit the district court to address all of the grounds for relief raised by the applicant in his postconviction proceeding.