State v. Whitehorn

¶1 Daniel Joseph Whitehorn (Whitehorn) appeals from the order of the First Judicial District Court, Lewis and Clark County, denying his petition for postconviction relief. We reverse and remand.

¶2 The issue presented on appeal is whether the District Court erred in denying Whitehorn’s petition for postconviction relief by not retroactively applying this Court’s holding in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312. Whitehorn ultimately asks this Court to overrule prior case law to allow for retroactive application of Guillaume. Implicit in his argument is the following…