Legal Opinion

State v. Clary

Montana Supreme Court

Decided February 7, 2012No. DA 11-0040PublishedCited by 29 opinions

1Opinion of the CourtJustice Baker

¶1 Appellant Charles Edward Clary appeals his conviction from the Eighth Judicial District, Cascade County, for aggravated burglary and two counts of assault with a weapon. We consider the following issues:

¶2 1. Whether Clary’s right to be present at all critical stages

of his criminal proceeding was violated by his absence from the omnibus hearing.

¶3 2. Whether the District Court erred in allowing Clary to continue pro se without conducting further inquiry into Clary’s complaints regarding his attorney.

¶4 3. Whether Clary was denied effective assistance of counsel based on Clary’s assertion…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. State v. FinleyMontana Supreme Court · 1996
  4. State v. GallagherMontana Supreme Court · 2001
  5. United States v. Calvin Lyniol RobinsonCourt of Appeals for the Ninth Circuit · 1990

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

3Cited by29 opinions

  1. Champ v. StateSupreme Court of Georgia · 2021
  2. State v. T. Cheetham Sr.Montana Supreme Court · 2016
  3. State v. TellegenMontana Supreme Court · 2013
  4. State v. D. SchowengerdtMontana Supreme Court · 2018
  5. In re N.A.Montana Supreme Court · 2013

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

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