Olson v. Job Service, 2013 ND 24

Darin Dahl challenged district court denial of post-conviction relief after his 2009 trial for attempted murder and reckless endangerment.
Dahl raised ineffective assistance claims, including failure to seek bifurcation under N.D.C.C. § 12.1-04.1-16 and to obtain a verdict form permitting a not guilty by reason of lack of criminal responsibility verdict.
Competency evaluation occurred before trial; court found Dahl competent to stand trial.
Jury was instructed that lack of criminal responsibility is a defense; Dahl proposed a verdict form with three options per charge.
Final verdicts: Dahl convicted of both charges; this Court previously affirmed in 2010.
Post-conviction evidentiary hearing and district court ruling denied relief; this Court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel's bifurcation decision deficient?	Dahl argues no bifurcation was requested; counsel failed objective standard.	State contends bifurcation not required; discretionary under statute.	No bifurcation required; decision not prejudicial, affirmed.
Did failure to request a verdict form reflecting lack of criminal responsibility prejudice Dahl?	Final instructions allowed not guilty by lack of responsibility but no separate verdict option.	Counsel argued for not guilty and verdict form substantially permitted the defense.	Record supports no reasonable probability of different outcome; affirmed.

Kruckenberg v. State, 2012 ND 162 (2012 ND) (ineffective assistance standard; mixed question of law and fact)
Noorlun v. State, 2007 ND 118 (2007 ND) (trial strategy and hindsight limitations)
Smestad v. State, 2011 ND 163 (2011 ND) (prejudice requirement for IAC; reasonable probability)
Williams v. Taylor, 529 U.S. 362 (Supreme Court 2000) (mitigating evidence; standard for prejudice in IAC)
Roth v. State, 2007 ND 112 (2007 ND) (appellate review and correct result despite reasoning error)
Murchison v. State, 2011 ND 126 (2011 ND) (procedural/post-conviction standards)