Ineffective assistance of counsel

008 MT 193
WILLIAM M. HALLEY,
v.
STATE OF MONTANA,
Did the District Court err in denying Halley’s Petition for Post-Conviction Relief

In the case before us, the District Court abused its discretion in failing to comply with the Gallagher guidelines when presented with a claim of ineffective counsel and a request for substitute counsel. It further erred in failing to inquire adequately whether Halley’s waiver of his right to counsel and request to represent himself was voluntarily, knowingly and intelligently made.
As a result, the District Court’s Opinion and Order Denying Petitioner’s Petition for Post-Conviction Relief is based on incorrect conclusions of law.
CONCLUSION
For the foregoing reasons, we vacate Halley’s guilty pleas, reverse the District Court’s denial of his petition, and remand this matter for retrial.