Rogers v. State

¶1 Rusty Rogers (Rogers) appeals from an order of the Eighteenth Judicial District Court, Gallatin County, denying his petition for post-conviction relief. We affirm.

¶2 We review the issues on appeal:

¶3 Did Rogers receive ineffective assistance of counsel during his trial and on direct appeal?

¶4 Did prosecutorial misconduct violate Rogers’s due process rights ?

FACTUAL AND PROCEDURAL HISTORY

¶5 Rogers hired attorney Suzanne Marshall (Marshall) to represent him after the State of Montana (State) charged him with two counts of sexual assault for touching the vaginal areas of his co-worker’s two…