North Dakota v. Cody

When an ineffective assistance of counsel claim is raised on direct appeal from a criminal conviction, the defendant must show ineffectiveness of constitutional dimensions from the face of the existing record to obtain relief. Wesley Cody appealed the district court's order requiring Cody pay $13,455.78 in restitution as part of his sentence in a criminal matter. Cody argued that his counsel was ineffective at his restitution hearing. The North Dakota Supreme Court concluded the record before it did not affirmatively show ineffectiveness of constitutional dimensions, and this issue was more properly pursued in a post-conviction relief proceeding. The Court therefore affirmed, but remanded for correction of the amount of restitution in the judgment. View "North Dakota v. Cody" on Justia Law