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.
Paralegal Mark Anthony Given has spent four years hand collecting every winning criminal case in the history of the Montana Supreme Court. A Montana Criminal Defense Attorney can find here in 15 minutes what would take days or even weeks to locate. This is a sample of the over 1,000 available winning cases, the rest will be available soon via pay site.
Wednesday, July 16, 2008
ineffective assistance of counsel post conviction granting new appeal
Subscribe to:
Post Comments (Atom)
Blog Archive
-
▼
2008
(103)
-
▼
July
(11)
- DUI Independent blood test
- Speedy Trial analysis
- Restitution error
- Speedy Trial winner
- Retroactivity parole and probation revocation prob...
- ineffective assistance of counsel post conviction ...
- Alchohol, casino restriction error, and restitutio...
- District Court exceeded its authority, sex offende...
- Suspended sentence revocation error
- The District Court erred in denying Deserly’s moti...
- Withdraw guilty plea
-
▼
July
(11)
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"...
Post a Comment