State v. Upshaw

¶1 Adrienne Upshaw (Upshaw) appeals from a jury verdict, judgment, and sentence of the Fourth Judicial District Court, Missoula County, adjudicating her guilty of the offenses of assault with a weapon, aggravated burglary, and criminal possession of dangerous drugs. We affirm.

¶2 We consider the following issues on appeal:

¶3 (1) Did the State improperly elicit testimony regarding Upshaw’s post -Miranda silence and is this issue reviewable under the common law plain error doctrine?

¶4 (2) May Upshaw’s claims of ineffective assistance of counsel be raised on direct appeal?

¶5 (3) Did the District…