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Legal Opinion

State v. Denise L. Fender

Montana Supreme Court

Decided October 22, 2007No. 05-730PublishedCited by 9 opinions

1Opinion of the CourtJustice Warner

¶1 Denise Fender appeals the dismissal of her motion for a new trial, claiming she received ineffective assistance of counsel. We affirm.

¶2 We restate and address the issue on appeal as follows: Did the District Court err in denying Fender a new trial based on ineffective assistance of counsel?

¶3 On December 3, 2004, Fender was charged in Lewis and Clark County with Partner or Family Member Assault for injuring her daughter, in violation of § 45-2-206, MCA. The court appointed counsel to represent Fender, and she requested a jury trial.

¶4 The trial was held in Justice Court on May 17,2005.…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. KouglMontana Supreme Court · 2004
  3. State v. KouglMontana Supreme Court · 2004
  4. State v. WhiteMontana Supreme Court · 2001
  5. State v. JeffersonMontana Supreme Court · 2003

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

3Cited by9 opinions

  1. State v. FinleyMontana Supreme Court · 2011
  2. State v. S. PelletierMontana Supreme Court · 2020
  3. State v. C. StrattonMontana Supreme Court · 2017
  4. State v. M. WrightMontana Supreme Court · 2021
  5. State v. S. LlamasMontana Supreme Court · 2017

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

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