Legal Opinion

Montgomery v. State

Indiana Court of Appeals

Decided March 22, 2004No. 58A01-0304-CR-139PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BAILEY, Judge.

Case Summary

Robin L. Montgomery ("Montgomery") appeals his convictions for two counts of arson, as Class B felonies, 1 and fraud, a Class D felony. 2 We reverse his convictions and remand for a new trial 3

Issues

Montgomery raises eight issues, one of which we find dispositive: whether counsel rendered ineffective assistance. In order to determine whether retrial is permissible, we also examine the sufficiency of the evidence supporting Montgomery's conviec-tions. Finally, we address whether Montgomery's convictions for the two arson counts violate principles of double…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Lockhart v. NelsonSupreme Court of the United States · 1988
  3. Richardson v. StateIndiana Supreme Court · 1999
  4. Spivey v. StateIndiana Supreme Court · 2002
  5. Guyton v. StateIndiana Supreme Court · 2002

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3Cited by8 opinions

  1. Mathews v. StateIndiana Supreme Court · 2006
  2. State v. TOMAS D.Supreme Court of Connecticut · 2010
  3. Jarrell v. StateIndiana Court of Appeals · 2004
  4. State v. MontgomeryIndiana Court of Appeals · 2009
  5. Mathews v. StateIndiana Court of Appeals · 2005

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