Legal Opinion

Russell v. State

Montana Supreme Court

Decided March 22, 2016No. DA 14-0584PublishedCited by 3 opinions

1Opinion of the CourtChief Justice McGRATH

¶ 1 Rusty Lee-Ray Russell appeals from the District Court’s Findings of Fact, Conclusions of Law and Order dated July 7, 2014, denying his petition for postconviction relief. We affirm.

¶2 We restate the issues on appeal as follows:

Issue One: Whether Russell received effective assistance of counsel at trial based upon allegations that counsel failed to research and understand the principles of felony murder; failed to properly move for dismissal of that charge; and failed to offer proper instructions on felony murder.

Issue Two: Whether Russell received effective assistance of counsel on appeal…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Whitlow v. StateMontana Supreme Court · 2008
  3. Brimstone Mining, Inc. v. GlausMontana Supreme Court · 2003
  4. Griffin v. StateMontana Supreme Court · 2003
  5. State v. Rusty RussellMontana Supreme Court · 2008

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

3Cited by3 opinions

  1. Russell v. GuyerDistrict Court, D. Montana · 2019
  2. Russell v. StateMontana Supreme Court · 2016
  3. State v. I. PehringerMontana Supreme Court · 2023

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