State v. Nuessle

¶1 Jerald Nuessle (Nuessle) appeals the judgment entered by the Twentieth Judicial Court, Sanders County, convicting him of felony Obstructing Justice under § 45-7-303(2)(a), MCA. We affirm and restate the issues as follows:

1. Did the District Court improperly instruct the jury, committing plain error?

2. Was defense counsel ineffective for failing to submit a jury instruction defining the statutory term “knowing”?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 Shelley Nelson (Nelson), Nuessle’s former girlfriend, stole a vehicle in Lewistown and drove it to Thompson Falls. Acting on a tip, law…