Legal Opinion · Concurrence

Stock v. Montana

Montana Supreme Court

Decided February 20, 2014No. DA 13-0224Published

1ConcurrenceJustice Wheat

¶26 I generally agree with the result and reasoning of the Coral;. I write separately to address the problems created where, as here, counsel alleges his own ineffective assistance on appeal after representing a client at trial.

¶27 It is both honorable and ethical for a lawyer to put his client’s interests before his own and admit to error. However, evaluating claims of ineffective assistance of counsel requires an objective analysis of the lawyer’s professional conduct or lack thereof. Strickland, 466 U.S. at 687-88, 104 S. Ct. at 2064-65. An inherent conflict of interest *91arises when counsel…

2Cases cited3 opinions

  1. State v. GallagherMontana Supreme Court · 1998
  2. In Re FountainCalifornia Court of Appeal · 1977
  3. People v. BaileyCalifornia Court of Appeal · 1992

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