Alan Michael Placzkiewicz v. State of Montana

182 P.3d 762 (Mont. 2008) · Supreme Court of Montana · March 4, 2008 · No. DA 07-0265

Summary

The Supreme Court of Montana affirmed the dismissal of Alan Michael Placzkiewicz's petition for postconviction relief. The court held that his guilty pleas were knowing, intelligent, and voluntary, and that he failed to establish ineffective assistance of counsel concerning the investigation of evidentiary issues.

Holdings

  1. The guilty pleas were knowing, intelligent, and voluntary, and the district court did not clearly err in finding them voluntary.
  2. Placzkiewicz failed to establish ineffective assistance of counsel because counsel's investigation and advice fell within the accepted range of professional conduct, and the postconviction petition was properly dismissed.

Questions Presented

  1. Whether Placzkiewicz's guilty pleas were not knowing, intelligent, and voluntary because the district court allegedly misled him about the relationship between his case and the Keeney case.
  2. Whether trial counsel provided ineffective assistance by failing adequately to investigate whether evidentiary problems underlying the Keeney dismissal affected Placzkiewicz's case.

Disposition

affirmed

Cases Cited (9)

  • Garrett v. State, 2005 MT 197, ¶ 10, 328 Mont. 165, 119 P.3d 55(followed)
  • State v. Warclub, 2005 MT 149, ¶¶ 17-18, 23, 327 Mont. 352, 114 P.3d 254(followed)
  • State v. Meyers, 2007 MT 230, ¶ 5, 339 Mont. 160, 168 P.3d 645(followed)
  • State v. Morgan, 2003 MT 193, ¶ 9, 316 Mont. 509, 74 P.3d 1047(followed)
  • State v. Lone Elk, 2005 MT 56, ¶ 21, 326 Mont. 214, 108 P.3d 500(followed)
  • Brady v. United States, 397 U.S. 742, 755, 90 S. Ct. 1463, 1472 (1970)(followed)
  • State v. Muhammad, 2005 MT 234, ¶¶ 14, 24, 328 Mont. 397, 121 P.3d 521(followed)
  • Hans v. State, 283 Mont. 379, 410-11, 942 P.2d 674, 693 (1997)(followed)
  • State v. Hendricks, 2003 MT 223, ¶ 7, 317 Mont. 177, 75 P.3d 1268(followed)

Cited In (0)

No citing cases on record yet.

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