State v. Borchert

Appellant Ronald Edward Borchert (Borchert) was convicted of two counts of robbery following a jury trial in the Eighteenth Judicial District Court, Gallatin County. Borchert appeals.

We reverse and remand for a new trial.

The following issues are dispositive:

1. Did the District Court abuse its discretion in denying Borchert’s motion to continue?

2. Was Borchert denied effective assistance of counsel when his co-defendant confessed on the date set for trial, creating a conflict of interest because his counsel previously represented the co-defendant when he maintained his innocence?

BACKGROUND

On…