FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JANUARY 6, 2022
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2022 ND 14
Michaelson Plaisimond, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20210215
Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Bonnie L. Storbakken, Judge.
AFFIRMED.
Per Curiam.
Samuel A. Gereszek, Grand Forks, ND, for for petitioner and appellant;
submitted on brief.
Julie A. Lawyer, State’s Attorney, Bismarck, ND, for respondent and appellee;
submitted on brief.
Plaisimond v. State
No. 20210215
Per curiam.
[¶1] Michaelson Plaisimond appeals from a district court order and judgment
denying his application for postconviction relief. Plaisimond claims the court
erred in denying his application because he received ineffective assistance of
counsel. Plaisimond contends his trial attorney failed to advise him on
testifying about prior bad acts and the potential ramifications. Following a
hearing the court found Plaisimond failed to establish the first prong of the
Strickland test that his trial attorney’s representation fell below an objective
standard of reasonableness. The court also found that even if Plaisimond met
the first prong, he did not demonstrate he was prejudiced by the alleged
deficient performance.
[¶2] The district court did not clearly err in finding Plaisimond did not prove
ineffective assistance of counsel and denying his application for postconviction
relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1