Thomas v. North Dakota
Annotate this CaseRoss Thomas appeals from a district court order denying his application for postconviction relief. In 2017, the State charged Thomas with felonious restraint, terrorizing, aggravated assault, and reckless endangerment. A jury found Thomas guilty of terrorizing, not guilty of aggravated assault and reckless endangerment, and did not reach a verdict on felonious restraint. Thomas appealed the terrorizing conviction. This Court reversed and remanded, concluding the district court erred in failing to conduct a hearing relating to juror misconduct. On remand, the State retried Thomas on the felonious restraint charge. The jury found Thomas guilty, and the district court sentenced him to ten years in prison. In July 2020, Thomas applied for postconviction relief, claiming ineffective assistance of counsel. He alleged his trial attorney failed to request a self-defense instruction, failed to obtain and offer video evidence, failed to call certain witnesses and failed to argue against double jeopardy. Finding no grounds upon which to grant relief, the North Dakota Supreme Court affirmed the order denying postconviction relief.
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