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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About Me
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- MarkAnthonyGiven
- Given was raised on the streets and in foster homes surrounded by twelve girls. By age 11, authorities already warned his foster mother: “He’s too smart for his britches — keep an eye on him.” That early spark of genius — later estimated in the 145–155+ IQ range (top 0.1% to 0.01% of humanity) — combined with an elite, poetic vocabulary that flows like open chords, propelled him into a life few could survive, let alone immortalize. From the age of 16, Given became a one-man crime wave: robbing 75 banks with nothing but a Bic Pen and a smile, inventing the Mercury Bandit invisibility trick with a baby thermometer, dropping through pharmacy roofs with a Superman pillowcase, and running from New Orleans detectives through the French Quarter while dressed as a 70-year-old woman. He served 12 years on a 10-year federal sentence, reading 120 volumes of Supreme Court decisions in the hole and ruling the law library like a throne. He met the devil twice on a dope-sick bed and refused to curse God — only to have angels physically grab his arm and pull him back. His 56+ stories pour out raw, unoutlined, and alive — no MFA polish, no ghostwriter, no filter. The prose is Hemingway-tight yet
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