Blackcloud v. State
Decision Date | 22 February 2018 |
Docket Number | No. 20170312,20170312 |
Citation | 907 N.W.2d 758 |
Parties | Martin Thomas BLACKCLOUD, a/k/a Martin Thomas Black Cloud, Plaintiff and Appellant v. STATE of North Dakota, Defendant and Appellee |
Court | North Dakota Supreme Court |
Scott O. Diamond, Fargo, ND, for plaintiff and appellant; on brief.
Marina Spahr, Burleigh County Assistant State’s Attorney, Bismarck, ND, for defendant and appellee; on brief.
[¶1] Martin Blackcloud, also known as Martin Black Cloud, appeals the district court’s order denying Blackcloud’s application for post-conviction relief. We affirm the district court’s order.
[¶2] In April 2014, Blackcloud was convicted of gross sexual imposition, in which the victim was his girlfriend’s daughter. Blackcloud previously appealed that criminal judgment to this Court based on an alibi defense, and this Court summarily affirmed the criminal judgment. State v. Blackcloud , 2015 ND 108, ¶ 1, 865 N.W.2d 124.
[¶3] Blackcloud applied for post-conviction relief in November 2016, arguing his trial counsel was ineffective. In his application, Blackcloud argued his trial counsel failed to file a notice of alibi defense and failed to object to the lack of specificity in the charging information. Blackcloud also alleged his trial counsel failed to effectively cross-examine the State’s expert witnesses regarding possible contamination of the DNA evidence found on the victim. Additionally, Blackcloud argued his trial counsel failed to impeach the victim’s mother’s trial testimony or introduce evidence of her weight gain, which he claims would have supported his defense that the victim and the mother shared clothing.
[¶4] After holding an evidentiary hearing where both Blackcloud and his trial counsel testified, the district court denied Blackcloud’s application for post-conviction relief. The district court determined this Court summarily affirmed Blackcloud’s conviction on direct appeal, in which he argued the State did not present sufficient evidence to overcome his alibi defense. Blackcloud , 2015 ND 108, ¶ 1, 865 N.W.2d 124. The district court also concluded the charging document was sufficiently specific to advise Blackcloud of the charge against him and enable him to prepare for trial. The district court further determined the assistance of Blackcloud’s trial counsel was not deficient.
[¶5] On appeal, Blackcloud argues the district court erred in denying his application for post-conviction relief because he received ineffective assistance of counsel, and the district court abused its discretion in excluding a photograph from evidence at the post-conviction relief hearing. Blackcloud argues his trial counsel failed to properly investigate the mother of the victim’s weight gain and locate the photograph he offered at the evidentiary hearing. Blackcloud contends his counsel’s assistance was deficient because he should have further pursued Blackcloud’s defense theory that the victim and her mother shared clothing, which could have explained Blackcloud’s DNA on the victim’s underwear. This Court acknowledged:
Roe v. State , 2017 ND 65, ¶¶ 4–5, 891 N.W.2d 745 (quoting Clark v. State , 2008 ND 234, ¶ 11, 758 N.W.2d 900 ).
[¶6] Blackcloud argues his trial counsel failed to properly investigate the victim’s mother’s weight gain and the failure to obtain exculpatory evidence was objectively unreasonable. This Court has noted it will assess counsel’s decisions to investigate for reasonableness, although it defers to counsel’s judgments. Garcia v. State , 2004 ND 81, ¶ 16, 678 N.W.2d 568.
[¶7] The district court did not err in concluding Blackcloud’s trial counsel’s representation did not fall below an objective standard of reasonableness in his investigation of the victim’s mother. The district court found Blackcloud’s trial counsel adequately questioned the victim’s mother about her relationship with Blackcloud. At trial, the victim’s mother testified that at the time of the offense she did not share underwear with her daughter, did not live with her daughter, and was not in a sexual relationship with Blackcloud. Therefore, the district court did not err in concluding Blackcloud’s defense that the victim and her mother shared clothing was adequately presented to the jury. Further, at the evidentiary hearing on Blackcloud’s application, his trial counsel testified he was unaware of Blackcloud’s theory about DNA contamination and that Blackcloud did not provide him any evidence about the mother and victim sharing clothing. Based on the record and Blackcloud’s statements at the evidentiary hearing, his counsel’s performance did not fall below an objective standard of reasonableness. We defer to counsel’s judgments on investigations and conclude the district court did not err in denying Blackcloud’s application for post-conviction relief based on ineffective assistance of counsel.
[¶8]...
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