[¶1] George Robert Lyons appeals from an order denying his amended application for post-conviction relief. Following a jury trial, Lyons was convicted of gross sexual imposition. Lyons applied for post-conviction relief, alleging ineffective assistance of counsel, arguing his attorneys representation fell below an objective standard of reasonableness because counsel decided not to impeach the victim about a prior, unrelated report of sexual assault. Following a hearing, the district court found the attorneys decision was reasonable trial strategy. The court further found the attorney discussed his trial strategy with Lyons, who accepted or at least trusted his attorneys decision, and concluded Lyons failed to meet his burden to prove his attorneys assistance was ineffective.
[¶2] We conclude the district courts findings are not clearly erroneous. The evidence supports the courts findings on trial strategy and the attorneys communication of trial strategy with Lyons. See Noorlun v. State, 2007 ND 118, ¶¶ 12-14, 736 N.W.2d 477 (stating we do not second guess trial tactics on appeal, including strategic decisions about how to question certain witnesses). The court did not err in denying Lyons’ application for post-conviction relief, and we summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).
Per Curiam.
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte