Legal Opinion

State v. Deschon

Montana Supreme Court

Decided January 30, 2002No. 00-292PublishedCited by 14 opinions

1Opinion of the CourtJustice Leaphart

¶1 Appellant Joseph Deschon was convicted in the First Judicial District Court, Lewis and Clark County, of Deliberate Homicide. He appeals. We remand for further proceedings consistent with this opinion.

¶2 We re-state the issues on appeal as follows:

¶3 1. Was Deschon denied effective assistance of counsel because his counsel had a conflict of interest that adversely affected his performance?

¶4 2. Was Deschon’s right to due process violated because no transcript of voir dire exists for review on appeal?

FACTS AND PROCEDURE

¶5 In the fall of 1999, Deschon’s nephew, James Anthony Azure, came to…

2Cases cited9 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. Britt v. North CarolinaSupreme Court of the United States · 1971
  3. Sheldon Sanders v. John Ratelle, Warden Daniel E. Lungren, Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
  4. United States v. Floyd BruceCourt of Appeals for the D.C. Circuit · 1996
  5. United States v. Anthony J. Gantt, A/K/A FatsCourt of Appeals for the D.C. Circuit · 1998

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

3Cited by14 opinions

  1. DuBray v. StateMontana Supreme Court · 2008
  2. State v. DeschonMontana Supreme Court · 2004
  3. Hendricks v. StateMontana Supreme Court · 2006
  4. State v. D. SchowengerdtMontana Supreme Court · 2018
  5. State v. SmerkerMontana Supreme Court · 2006

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

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