BAATZ v. STATE

No. 20140018.

849 N.W.2d 225 (2014)

2014 ND 151

Nicholas BAATZ, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

July 17, 2014.


Attorney(s) appearing for the Case

Steven Balaban , Bismarck, ND, for petitioner and appellant.

Jonathan R. Byers , Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.


KAPSNER, Justice.

[¶ 1] Nicholas Baatz appeals from a district court order denying his application for postconviction relief. Because Baatz failed to meet his burden of showing indigency at the preliminary hearing and failed to meet his burden of proving prejudice resulting from his trial attorney's conduct, we affirm the district court order.

I

[¶ 2] The history of this case was laid out by this Court in Baatz v. State, 2013 ND...

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