Legal Opinion

State v. Sellner

Montana Supreme Court

Decided December 29, 1997No. 97-119PublishedCited by 15 opinions

1Opinion of the CourtChief Justice Turnage

In proceedings before the Twentieth Judicial District Court, Lake County, Gordon D. Sellner was charged with attempted deliberate homicide and criminal endangerment. A jury found him guilty of attempted deliberate homicide, and he appeals. We affirm.

Sellner argues that his trial counsel failed to request jury instructions on attempted mitigated deliberate homicide and aggravated assault as lesser included offenses, thus violating Sellner’s right to effective assistance of counsel.

BACKGROUND

On the evening of June 27,1992, a Lake County, Montana, resident called the local sheriff’s office to…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. CastleMontana Supreme Court · 1997
  3. State v. HildrethMontana Supreme Court · 1994
  4. State v. SwanMontana Supreme Court · 1996

3Cited by15 opinions

  1. State v. SchaffMontana Supreme Court · 1998
  2. State v. SchmalzMontana Supreme Court · 1998
  3. State v. OsterlothMontana Supreme Court · 2000
  4. State v. HowellMontana Supreme Court · 1998
  5. State v. J.C.Montana Supreme Court · 2004

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