North Dakota Supreme Court

Belyeu v. State

July 5, 20242024 ND 133

Summary

The court affirmed the denial of Belyeu’s petition for postconviction relief. It held that Belyeu failed to establish ineffective assistance of either trial attorney because he did not show prejudice from the first attorney’s representation and did not show deficient performance or prejudice from the second attorney’s representation. The court also held that the alleged newly discovered evidence would not likely have resulted in an acquittal and therefore did not establish a manifest injustice.