Stein v. State

Citations

• 2018 ND 264

Syllabus

A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ineffective assistance of counsel issues are mixed questions of law and fact, which are fully reviewable on appeal. When a claim made in an application for post-conviction relief is clearly and unambiguously contradicted by the record, summary disposition is appropriate. When determining if summary disposition is appropriate on claims of ineffective assistance of counsel, the record and transcripts are generally not adequate if the petitioner alleges incidents outside of the record.