Olsen v. State

VANDE WALLE, Chief Justice.

[¶ 1] Andrew Olsen appealed from an order denying his application for post-conviction relief. Because we conclude as a matter of law the failure of Olsen’s attorney to raise an issue of first impression on an unsettled question of law in North Dakota did not constitute ineffective assistance of counsel, we affirm the district court’s order.

I

[¶2] On March 1, 2007, Olsen pled guilty to possession of visual representations that include sexual content in violation of N.D.C.C. § 12.1-27.2-04.1, which at the time was a class A misdemeanor for a first offense. See 1989…