North Dakota Supreme Court

Smith v. State

November 5, 20252025 ND 189

Summary

The court affirmed the finding that counsel performed deficiently by failing to challenge, object to, limit, or adequately address the admission of prior-act evidence. It reversed the finding of prejudice because the district court did not evaluate the effect of counsel's errors in light of the remaining evidence and the entire trial. The case was remanded to supplement the record if possible and to conduct the required prejudice analysis.