Ineffective Assistance of counsel winner

2001 MT 130
STATE OF MONTANA,v.
RICHARD D. SCHAFF,

Schaff contends that his lawyer provided ineffective assistance of
counsel when he required him to decide whether to accept the offered plea agreement after considering the matter for less than two hours. Schaff further alleges that his trial counsel forced him to enter the plea, misled him, and denied him the opportunity to secure other counsel. He claims that with the assistance of different counsel at the hearing to withdraw the guilty plea, he could have established that his plea was not voluntary. After a response from the State and without a hearing, the District Court denied the petition on January 7,2000. Schaff appeals and the only question is whether the District Court erred insummarily denying his petition.
We affirm part of the District Court's order inasmuch as any record based
voluntariness issues of Schaff's plea that have already been addressed in his direct appeal cannot be again raised in this proceeding. However, we reverse that part of the District Court's order which provides that Schaff is procedurally barred from raising ineffective assistance of counsel in this postconviction proceeding. This matter is remanded to the District Court for purposes of appointing counsel and conducting a hearing on the petition for postconviction relief.