Chase v. State

VandeWalle, Chief Justice.

[¶ 1] Lorry Van Chase appealed from an order denying his application for post-conviction relief. We conclude the district court erred in summarily dismissing his application, claiming ineffective assistance of trial counsel, because genuine issues of material fact exist precluding summary disposition. We reverse and remand for the court to hold an evidentiary hearing on his application.

I

[¶ 2] In 2013, Chase was charged with one count of gross sexual imposition in violation of N.D.C.C. § 12.1-20-03(l)(a), a class AA felony, for an assault occurring in 2007. In 2014, a…