Legal Opinion
Avery v. Batista
Montana Supreme Court
Decided September 30, 2014No. OP 14-0058PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
¶ 1 Russell Scott Avery (Avery) petitions this Court for extraordinary relief. Avery challenges the decision of the Sentence Review Division (Division), increasing his sentence in Cause No. DC 11-496.
¶2 Avery raises the following issues:
¶3 1. Did the Division err by denying Avery’s request to withdraw his application for sentence review after the hearing had concluded?
¶4 2. Did Avery receive ineffective assistance of counsel before the Division in violation of Article II, Section 24 of the Montana Constitution?
FACTUAL AND PROCEDURAL BACKGROUND
¶5 On May 8,2012, Avery pled…
2Cases cited11 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Whitlow v. StateMontana Supreme Court · 2008
- In re A.S.Montana Supreme Court · 2004
- Sports Shooting Ass'n v. State, Mt. Dept. of FwpMontana Supreme Court · 2008
- Dawson v. StateMontana Supreme Court · 2000
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3Cited by1 opinion
- State v. S. PineMontana Supreme Court · 2023