State v. Kalem Johnston

¶1 Kalem Johnston (Johnston) was convicted after a jury trial in the Tenth Judicial District Court, Fergus County, of obstructing a peace officer in violation of § 45-7-302, MCA. He appeals, and we reverse and remand for a new trial.

¶2 We state the issue as follows:

¶3 Did Johnston’s trial counsel render ineffective assistance by failing to object to the jury instruction defining the mens rea element of the offense of obstructing a peace officer?

PROCEDURAL AND FACTUAL BACKGROUND

¶4 On the evening of April 22, 2008, Fergus County Sheriffs Office Deputies Randy Poser and Tracey Lewellen responded…