Andrew Heckelsmiller, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee

Summary

The North Dakota Supreme Court reversed the denial of post-conviction relief and remanded for a new trial because trial counsel provided ineffective assistance by failing to make an offer of proof after defense witnesses were excluded for violating a sequestration order. The excluded testimony was central to corroborating Heckelsmiller’s only defense and could have affected whether he knowingly lacked permission to enter or remain in the trailer. The court concluded counsel’s omission both fell below objectively reasonable performance and prevented meaningful appellate review.