Legal Opinion

State v. E. Mitchell

Montana Supreme Court

Decided September 5, 2017No. DA 15-0604Published

1Opinion of the CourtJustice Rice

¶1 Edward Mitchell (Mitchell) was charged with and tried for one count of assault with a weapon and one count of aggravated assault upon Tanner Conway, and one count of assault with a weapon upon Heather Conway. After a jury trial, Mitchell was convicted of assault with a weapon upon Heather, and acquitted of the two counts involving Tanner. Mitchell appeals his conviction. We affirm, addressing the following issues:

1. Did defense counsel provide ineffective assistance by failing to request a bystander justifiable use of force jury instruction?

2. Did the District Court impose illegal parole…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Whitlow v. StateMontana Supreme Court · 2008
  3. State v. KouglMontana Supreme Court · 2004
  4. State v. KouglMontana Supreme Court · 2004
  5. State v. AkerMontana Supreme Court · 2013

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