Legal Opinion

State v. Diaz

Montana Supreme Court

Decided November 22, 2006No. 05-040PublishedCited by 7 opinions

1Opinion of the CourtJustice Leaphart

¶1 Felix Diaz appeals from two orders of the Eighth Judicial District Court, Cascade County, excluding witness testimony and denying Diaz’s motion to dismiss for violation of his right to a speedy trial. Diaz also alleges ineffective assistance of counsel. We affirm the District Court and reject Diaz’s ineffective assistance of counsel claim.

¶2 We restate and address the issues on appeal as follows:

¶3 1. Did the District Court abuse its discretion by excluding the testimony of Jonathan Comes At Night?

¶4 2. Did Diaz receive ineffective assistance of counsel due to counsel's failure to procure…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Idaho v. WrightSupreme Court of the United States · 1990
  4. City of Billings v. BruceMontana Supreme Court · 1998
  5. State v. HighpineMontana Supreme Court · 2000

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3Cited by7 opinions

  1. State v. AriegweMontana Supreme Court · 2007
  2. State v. MacGregorMontana Supreme Court · 2013
  3. State v. VanHooseWest Virginia Supreme Court · 2010
  4. Hartinger v. StateMontana Supreme Court · 2007
  5. Tony Notti v. StateMontana Supreme Court · 2008

2 more not listed; retrieve them via the Exa API.

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