Legal Opinion

State v. B. Howard

Montana Supreme Court

Decided November 21, 2017No. DA 15-0629PublishedCited by 1 opinion

1Opinion of the CourtJustice Rice

¶1 Barton Howard (Howard) appeals from the judgment entered by the Nineteenth Judicial District Court, Lincoln County, convicting him of Criminal Endangerment under § 45-5-207, MCA. We affirm, addressing the following issues:

1. Is Howard’s claim of judicial bias review able for plain error?

2. Is Howard’s claim of ineffective assistance of counsel reviewable on direct appeal?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 On March 31,2014, at around 11:45 p.m., Debbie Wiherski called 911 to report her 72-year-old husband, Jerome Wiherski (Wiherski), had been attacked at their home. Lincoln County Sheriffs…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Liteky v. United StatesSupreme Court of the United States · 1994
  4. State v. KouglMontana Supreme Court · 2004
  5. State v. KouglMontana Supreme Court · 2004

12 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. B. HowardMontana Supreme Court · 2017

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