Steen v. State

Summary

The North Dakota Supreme Court affirmed the summary dismissal of Duane Steen’s application for post-conviction relief concerning probation revocation and convictions entered upon pleas. The court held that Steen failed to provide evidence of prejudice from alleged ineffective assistance of counsel or to establish disputed material facts supporting his other claims.

Holdings

1. An applicant for post-conviction relief is not entitled to an evidentiary hearing on ineffective assistance of counsel without proof of prejudice, and Steen failed to provide such proof.
2. A party opposing summary disposition may not rely solely on pleadings and must present evidentiary support showing disputed material facts; Steen failed to do so for his remaining claims.

Questions Presented

1. Whether Steen's application and affidavits raised material issues of fact requiring an evidentiary hearing on ineffective assistance of counsel.
2. Whether Steen provided evidentiary support establishing prejudice from counsel's alleged errors in the probation-revocation and plea proceedings.
3. Whether Steen provided proof of disputed material facts supporting his other post-conviction claims.

Disposition

affirmed