Watkins v. State

Annotate this Case

Download PDF

Filed 11/20/2019 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2019 ND 269 Eybon Avyon Watkins, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee No. 20190085 Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge. AFFIRMED. Per Curiam. Mark Sherer, Dickinson, N.D., for petitioner and appellant; submitted on brief. Julie Lawyer, Bismarck, N.D., for respondent and appellee; submitted on brief. Watkins v. State No. 20190085 Per Curiam. [¶1] Eybon Avyon Watkins appeals from an order denying his petition for post-conviction relief. Following a jury trial, Watkins was convicted of committing the offense of robbery in violation of N.D.C.C. § 12.1-22-01. Watkins petitioned for post-conviction relief alleging ineffective assistance of counsel during the trial. After a hearing, the district court denied the petition. [¶2] We summarily affirm the district court’s order under N.D.R.App.P. 35.1(a)(2) concluding the court's findings of fact are not clearly erroneous and the court did not err in determining that Watkins failed to establish his counsel’s representation fell below an objective standard of reasonableness. The evidence supports the court’s findings that the errors Watkins claims his counsel committed were attributable to trial strategy. Noorlun v. State, 2007 ND 118, ¶ 14, 736 N.W.2d 477; N.D.R.App.P. 35.1(a)(2). [¶3] Gerald W. VandeWalle, C.J. Jon J. Jensen Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte 1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.