No. 19-6848

Robert Matthew Wittal v. Montana

Lower Court: Montana
Docketed: 2019-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: co-defendant-testimony credibility criminal-procedure criminal-trial ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions legal-objection sixth-amendment witness-credibility
Latest Conference: 2020-01-10
Question Presented (from Petition)

The states key witnesses at a homicide trial were three charged
co-defendants. Petitioner's defense rested upon undermining
the credibility of the co-defendants' accusations against the
petitioner. The state offered a jury instruction on legal
principals recognizing the untrustworthiness of the codefendants
testimony. When petitioner's counsel--- without research ---objected to the entire instruction, did:i.p'i.t;i'ofi'evE , 'ir'e'<i '-i!eV-e'*£h ;ef'f'de'tlve
assistance of counsel?

Question Presented (AI Summary)

Whether petitioner received ineffective assistance of counsel when his counsel objected to a jury instruction on the untrustworthiness of co-defendant testimony without researching the issue?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-16
Waiver of right of respondent Montana to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)

Attorneys

Montana
Matthew Thompson CochenourState of Montana - Department of Justice Attorney General's Office, Respondent
Robert Matthew Wittal
Robert Matthew Wittal — Petitioner