Baatz v. State

KAPSNER, Justice.

[¶ 1] Nicholas Baatz appeals from a district court order denying his application for postconviction relief. Because Baatz failed to meet his burden of showing indi-gency at the preliminary hearing and failed to meet his burden of proving prejudice resulting from his trial attorney’s conduct, we affirm the district court order.

I

[¶ 2] The history of this case was laid out by this Court in Baatz v. State, 2013 ND 172, ¶¶ 2-4, 837 N.W.2d 387 (hereinafter “Baatz II ”):

[Nicholas] Baatz was convicted by a jury of gross sexual imposition in 2009 and was sentenced to 20 years in…