2001 MT 231
STATE OF MONTANA,v.
WAYLAND PAUL HARRIS
The issues raised by post-conviction petition are:
1. Did this Court deny Harris his right to due process when we refused on appeal to
apply retroactively the rule on the specific unanimity jury instruction announced in State v. Weaver?
2. Did the District Court err in dismissing Harris' post-conviction claim of ineffective assistance of counsel?
We remand to the District Court for an evidentiary hearing to address the first prong of the Strickland test.
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Friday, May 09, 2008
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