Murchison v. State
2011 ND 126
| N.D. | 2011Background
- Murchison was convicted of assault on a correctional institution employee; judgment entered November 3, 2003.
- He appealed the conviction asserting ineffective assistance of counsel and trial judge bias; this Court upheld and found waiver on certain pretrial issues (2004 ND 193).
- In July 2010, Murchison filed a post-conviction relief application raising speedy-trial concerns, alleged trial judge abuse of discretion, and ineffective assistance of counsel on trial and on appeal.
- The district court granted summary judgment for the State, denying post-conviction relief.
- The Supreme Court affirmed, holding that the claims were barred by res judicata or lacked merit, and that the speedy-trial and ineffectiveness claims failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Murchison's post-conviction claims barred by res judicata? | Murchison: claims were not previously decided in a final post-conviction proceeding. | State: claims are same or fairly within earlier direct-appeal rulings and thus barred. | Barred by res judicata |
| Did Murchison receive a speedy-trial violation? | Detainer-disposition period not properly triggered; ninety-day clock misstart. | Ninety-day period began when the request for disposition was received; trial within ninety days. | No speedy-trial violation; constraint satisfied |
| Did Murchison receive ineffective assistance of counsel on direct appeal? | Counsel failed to communicate; waived oral argument; prejudice alleged. | No prejudice shown; waiver alone not ineffectiveness; appellant failed to prove prejudice. | No ineffective assistance; cannot prevail |
Key Cases Cited
- Murchison v. State, 2004 ND 193 (N.D. 2004) (waiver and no prejudice on ineffective-assistance claim on direct appeal)
- Murchison v. State, 2003 ND 38 (N.D. 2003) (res judicata; variations of previous arguments barred)
- State v. Ripley, 548 N.W.2d 24 (N.D. 1996) (detainer disposition ninety-day trigger when receipt occurs)
- State v. Myers, 2009 ND 141 (N.D. 2009) (ineffective assistance standard; prejudice required)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishing standard for ineffective-assistance claims)