State v. Harris
Montana Supreme Court
1Opinion of the CourtJustice Nelson
¶1 Wayland Paul Harris appeals the denial of his petition for post-conviction relief in the Nineteenth Judicial District Court, Lincoln County. We affirm the District Court’s dismissal of Harris’ due process claim, and remand for an evidentiary hearing on Harris’ assertion of ineffective assistance of counsel.
FACTUAL AND PROCEDURAL BACKGROUND
¶2 In June 1997, Harris was charged with sexual intercourse without consent and incest, based on allegations that he had sexual relations with his adopted daughter, Gwen, on numerous occasions between November 1988, and January 1997. At the time of…
2Cases cited17 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Strickler v. GreeneSupreme Court of the United States · 1999
- State v. FinleyMontana Supreme Court · 1996
- Jerry Bartlett JONES, Jr., Petitioner-Appellant, v. Tana WOOD, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1997
- State v. WeaverMontana Supreme Court · 1998
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3Cited by61 opinions
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- State v. KouglMontana Supreme Court · 2004
- State v. GundersonMontana Supreme Court · 2010
- State v. JeffersonMontana Supreme Court · 2003
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