Hughes v. State, No. 20010188

• Court: United States State Supreme Court of North Dakota
• Writing for the Court: MARING, Justice.
• Citation: 2002 ND 28,639 N.W.2d 696
• Parties: Kenneth M. HUGHES, Petitioner and Appellant, v. STATE of North Dakota, Warden Tim Schuetzle, and Elaine Little, Director, Respondents and Appellees.
• Decision Date: 20 February 2002
• Docket Number: No. 20010188, No. 20010189, No. 20010190.

639 N.W.2d 696
2002 ND 28

Kenneth M. HUGHES, Petitioner and Appellant,
v.
STATE of North Dakota, Warden Tim Schuetzle, and Elaine Little, Director, Respondents and Appellees

Nos. 20010188, 20010189, 20010190.

Supreme Court of North Dakota.

February 20, 2002.

639 N.W.2d 697

Kenneth M. Hughes (on brief), Fargo, ND, pro se

H. Jean Delaney, Assistant State's Attorney, Valley City, ND, for respondents and appellees.

MARING, Justice.

[¶ 1] Kenneth Matt Hughes appealed from a judgment dismissing his claims for post-conviction and habeas corpus relief.

639 N.W.2d 698

We conclude the trial court correctly dismissed Hughes's ineffective assistance of counsel claims because they are conclusory and fail to show how any allegedly deficient performances by his three defense attorneys prejudiced him. We further conclude the trial court correctly dismissed the remainder of Hughes's claims because they are barred by res judicata or misuse of process. We dismiss the appeal insofar as Hughes challenges the denial of habeas corpus relief, and we affirm the remainder of the judgment

I

[¶ 2] In January 1998, a Barnes County jury found Hughes guilty of felony charges of possession of marijuana with intent to distribute and possession of cocaine with intent to distribute. Hughes also pled guilty to a misdemeanor charge of possession of marijuana in an unrelated matter. In State v. Hughes, 1999 ND 24, ¶¶ 7-8, 589 N.W.2d 912, we affirmed Hughes's appeal from the two felony convictions, concluding although there was no probable cause to issue a no-knock search warrant for Hughes's apartment, the evidence obtained from the search was admissible under the good-faith exception to the exclusionary rule. On October 4, 2000, Hughes filed a 100 page application for post-conviction and habeas corpus relief. Hughes claimed ineffective assistance of counsel and numerous trial errors. The State moved for summary disposition. Following oral arguments on the motion, the trial court dismissed Hughes's application on July 18, 2001, and Hughes appealed.

II

[¶ 3] Hughes claims the trial court erred in denying his application for post-conviction and habeas corpus relief. We limit our review to the issues Hughes argues on appeal. The issues raised in the district court but not argued on appeal are deemed abandoned. See, e.g., Murchison v. State, 1998 ND 96, ¶¶ 12-13, 578 N.W.2d 514.

[¶ 4] Under N.D.C.C. § 29-32.1-09(1), a trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Clark v. State, 1999 ND 78, ¶ 5, 593 N.W.2d 329. We review an appeal from a summary denial of post-conviction relief as we review an appeal from summary judgment. Abdi v. State, 2000 ND 64, ¶ 8, 608 N.W.2d 292. The party opposing the motion for summary disposition is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact. Owens v. State, 1998 ND 106, ¶ 13, 578 N.W.2d 542.

A

[¶ 5] On a claim of ineffective assistance of counsel, the defendant must prove counsel's performance was deficient and the deficient performance prejudiced the defendant. Berlin v. State, 2000 ND 206, ¶ 8, 619 N.W.2d 623. The second prong requires the defendant to prove that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id.

[¶ 6] Hughes argues his three defense attorneys were ineffective during his pretrial proceedings, the trial stages, and throughout his unsuccessful appeal. Hughes claims none of them interviewed any witnesses to...