State v. Ferris

¶14 I dissent. I would conclude that Ferris’s counsel provided ineffective assistance in failing to timely raise Goetz in an effort to withdraw Ferris’s guilty plea, and would reverse and remand to allow Ferris to renew his motion to withdraw his guilty plea.

¶15 The majority concludes that this case is controlled by our decision in State v. Andrews, 2010 MT 154, 357 Mont. 52, 236 P.3d 574 (Leaphart, Cotter & Nelson, JJ., dissenting). In Andrews, we held that a court decision which changes the law, and which is rendered after a defendant voluntarily changes his plea to guilty, does not provide…