State v. Fields

¶1 Timothy Fields appeals from the Judgment and Commitment entered by the Thirteenth Judicial District Court, Yellowstone County, on a jury verdict convicting him of deliberate homicide and felony assault. We reverse Fields’ conviction of deliberate homicide and remand.

¶2 The issues are:

¶3 1. Did the District Court abuse its discretion in denying Fields’ motion for a recess to allow an expert witness to testify?

¶4 2. Did Fields’ counsel render ineffective assistance by failing to challenge a juror for cause or otherwise seek his removal?

BACKGROUND

¶5 On November 9,1998, Fields’ wife of…