2007 MT 307
CHESTER LAWRENCE PRICE,v.
STATE OF MONTANA,
Did Price’s appellate defense counsel render ineffective assistance by failing to raise on direct appeal the issue of Price’s absence from numerous in-chambers trial proceedings?
Appellate counsel should have raised the issue on direct appeal, and his failure to do so constituted prejudicial error.
Accordingly, we reverse the denial of the postconviction petition on the grounds discussed herein and remand for entry of an order by the District Court granting Price an opportunity for a new appeal upon this issue. The entry of the order by the District Court will initiate the time and procedural requirements for completion of the appellate process.
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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
1 comment:
I'm really glad that you have decided to post my dad's case, but I do wish that you would follow up, and also tell what DIDN'T happen. Such as: that we were given a unanamous decision for reversal on the same issue, then we submitted the appeal, and were denied three to two. Something there sounds a little "fishy"...
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