Montana Law Week

The Weekly Digest of Montana Law

Vehicular homicide, plea agreement parole restriction

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VEHICULAR HOMICIDE: Claim that counsel was ineffective for not understanding that the plea agreement allowed the State to argue for a parole restriction more appropriate for postconviction review… witness testimony as to impact of Defendant’s conduct was designed to seek parole restriction, not undermine the plea agreement… Lint affirmed (memorandum). [Read more…]

Prosecutorial misconduct, “were they lying?”

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PROSECUTORIAL MISCONDUCT: Prosecutor’s “were they lying” questions proper because robbery Defendant’s and witnesses’ testimonies were diametrically opposed… “you could just tell the truth, couldn’t you?” was not personal opinion as to whether Defendant was telling the truth… counsel not ineffective for failing to object… postconviction petition properly denied… Ohman affirmed. [Read more…]

Deliberate homicide, Prosecutor’s statements/comments

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DELIBERATE HOMICIDE: Failure to object to Prosecutor’s improper or borderline improper statements and comments regarding Defendant accused of disappearing his girlfriend not ineffective assistance especially in light of independent evidence of guilt and his own trial admissions… Best affirmed (memorandum). [Read more…]