Morales v. North Dakota

Edward Morales appealed a district court order summarily dismissing his application for post-conviction relief. Morales was driving a mini-van in an RV park when he collided with a goose-neck trailer. His wife, a passenger in the mini-van, died as a result of this collision. A blood test indicated Morales had a 0.209 percent blood alcohol concentration. Morales was charged with a class A felony of causing a death while operating a motor vehicle while under the influence of alcohol in violation of N.D.C.C. 39-08-01.2(1). Morales conditionally pled guilty to causing his wife’s death while operating a motor vehicle while under the influence of alcohol. In his application for post-conviction relief, he alleged he received ineffective assistance of counsel. The district court summarily dismissed the application, reasoning that Morales had raised only conclusory allegations and generic claims. Finding no reversible error in that decision, the North Dakota Supreme Court affirmed the district court’s order. View "Morales v. North Dakota" on Justia Law