Chase v. North Dakota

Summary dismissal is normally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing. Lorry Chase appealed an order denying his application for post-conviction relief. In 2013, Chase was charged with one count of gross sexual imposition (a class AA felony), for an assault occurring in 2007. In 2014, a jury convicted Chase of the charge, and the North Dakota Supreme Court affirmed his conviction on appeal. After review of Chase's application for post-conviction relief, the Supreme Court concluded the district court erred in summarily dismissing his application, claiming ineffective assistance of trial counsel, because genuine issues of material fact existed precluding summary disposition. View "Chase v. North Dakota" on Justia Law