Daniel C. Nelson, Petitioner v. State of Alaska, Respondent

Summary

The court held that defense counsel's general invocation of the Fifth Amendment during a post-conviction ineffective-assistance proceeding does not eliminate the presumption of competent representation or shift the applicant's burden of proof. Because post-conviction proceedings are civil, a court may draw a case-specific adverse inference from counsel's privilege assertion when it concerns specific disputed actions, but Nelson presented no evidence of specific incompetence or corroborating basis for such an inference. The court therefore affirmed the dismissal of Nelson's claims.