Foston v. State

¶1 Appellant Johnnie Lee Foston (Foston) appeals from an order of the Fourth Judicial District Court, Missoula County, denying his petition for postconviction relief. We affirm.

¶2 We review the following issue on appeal:

¶3 Whether Foston’s trial counsel’s failure to object to the State’s introduction of warrantless electronic surveillance of Foston constituted ineffective assistance of counsel that entitles Foston to postconviction relief.

FACTUAL AND PROCEDURAL HISTORY

¶4 The State of Montana (State) charged Foston with three counts of felony distribution of dangerous drugs. The State’s case…