Price v. State

¶1 Appellant Chester Price was charged and convicted of sexual intercourse without consent upon his niece, C.W. We affirmed Price’s conviction on direct appeal in State v. Price, 2003 MT 373N, 319 Mont. 424, 82 P.3d 37 (Table). Price now appeals the order of the Tenth Judicial District Court, Fergus County, denying his petition for postconviction relief. We reverse and remand for entry of an order granting Price a new appeal.

¶2 We consider the following issue on appeal:

¶3 Did Price’s appellate defense counsel render ineffective assistance by failing to raise on direct appeal the issue of…