State v. Sawyer

Summary

The Montana Supreme Court affirmed Tony Dwade Sawyer’s convictions for deliberate homicide and attempted deliberate homicide. The court held that his ineffective-assistance-of-counsel claim was not suitable for resolution on direct appeal because the record did not establish why trial counsel failed to object to prejudicial evidence, leaving the claim available for postconviction proceedings.

Holdings

1. An ineffective-assistance claim may be considered on direct appeal only when the appellate record adequately documents the challenged act or omission and explains why counsel acted or failed to act. Because the record did not clearly establish counsel's reasons for failing to object, redact the interviews, request an additional cautionary instruction, or address the expert's testimony, the claim was not appropriate for resolution on direct appeal.

Questions Presented

1. Whether Sawyer's ineffective-assistance-of-counsel claim could be considered on direct appeal when the trial record did not clearly explain counsel's failure to object to or limit evidence concerning Sawyer's criminal history.

Disposition

affirmed