Wilkes Jr. v. State

¶1 Robert Wilkes appeals from the order of the Montana Fourth Judicial District Court, Missoula County, denying his petition for post-conviction relief. We reverse and remand.

ISSUES

¶2 We review the following issues:

1. Did the District Court err by failing to adequately address Wilkes’s claims for post-conviction relief?

2. Did the District Court err by denying Wilkes’s IAC claim?

3. Did the District Court abuse its discretion by denying Wilkes’s post-conviction relief claims before conducting a hearing?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Wilkes’s three-month-old son, Gabriel, died on October…