No. 21-5783

Brian D. Smith v. Montana

Lower Court: Montana
Docketed: 2021-09-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal criminal-procedure critical-stage due-process equal-protection ineffective-assistance-of-counsel plea-bargaining plea-withdrawal post-conviction procedural-default right-to-counsel sentencing
Key Terms:
DueProcess
Latest Conference: 2021-10-15
Question Presented (from Petition)

Is a motion to withdraw guilty plea considered a "critical Stage" requiring the assistance of counsel for a person "too poor" to hire one at the following stages:
(a) Post-senticing , before written judgment is entered?
(b) Post written judgment, but before 60-day time to appeal?
(c) After 60-day time limit for direct appeal and before 1-year time limit to file motion to withdraw ' plea?

Can state courts procedurally default a plea-convicted petitioner for failing to timely file a notice of appeal, pro se, while he/she is still under representation of court-appointed counsel?

Can the state's highest court tell an.appellant who is forced to proceed pro-se that he/she cannot raise IATC claims because they cannot demonstrate that there is a record to support the claims, and when the person finally obtains the necessary records be procedurally defaulted for not appealing the claims?

Can a petitioner's pro-se motion to withdraw guilty plea claiming to be misled by court-appointed attorney be denied for not producing evidence to show how he/she was prejudiced, while attorney is still under court order to represent them?

Can a state court create a conflict of interest by ordering trial counsel to represent client on collateral review when client is complaining of IATC?

Can a state court grant immunity to a public defender for revealing bad acts when responding to allegations of IATC?

Is a:state's standard PLEA OF GUILTY AND WAIVER OF RIGHTS form signed when substituting a plea of not guilty for a guilty plea invalid for containing unfulfillable promisees?If so, does it render the plea null and void requiring all rights waived to be restored?

Does a petitioner who misses the 1-year limit for postconviction limited to a showing of actual innocence? Or would evidence that he/she would have not pled guilty, but would have elected to proceed to trial, based on newly discovered evidence be sufficient?

Is it a violation of the Equal Protection Clause of the 14th Amendment when a person is discriminated against for having been charged with an abhorent crime, thus becoming part of hated group?

Question Presented (AI Summary)

Is a motion to withdraw guilty plea considered a 'critical stage' requiring the assistance of counsel?

Docket Entries

2021-10-18
Petition DENIED.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-27
Waiver of right of respondents Montana to respond filed.
2021-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2021)

Attorneys

Brian D. Smith
Brian D. Smith — Petitioner
Montana
Brad Willes FjeldheimMontana Department of Justice, Respondent