Patrick Keith Hirt v. State of Montana, 2009 MT 116, 350 Mont. 162

Summary

The Supreme Court of Montana affirmed the denial of Patrick Keith Hirt's amended petition for postconviction relief. The court held that Hirt was not sentenced based on materially inaccurate misinformation regarding his prior felony convictions and that his counsel provided objectively reasonable assistance at sentencing, on direct appeal, and in the postconviction proceeding.

Holdings

1. Hirt was not sentenced based on materially inaccurate misinformation because the sentencing court knew before sentencing that he had one prior felony conviction, considered the corrected criminal history, and independently evaluated the other relevant factors supporting the Level 3 designation.
2. Hirt failed to establish ineffective assistance of counsel because sentencing counsel's decisions not to seek rescoring of the risk assessments and not to call the second evaluator were objectively reasonable, appellate counsel reasonably investigated and declined to raise the sentencing issue while successfully pursuing other claims, and the allegations against postconviction counsel were procedurally barred and unsupported.

Questions Presented

1. Whether Hirt was designated a Level 3 sexual offender and sentenced based on materially inaccurate misinformation in violation of due process.
2. Whether Hirt received ineffective assistance of counsel at sentencing because counsel did not have a risk assessment rescored or call the second evaluator as a witness.
3. Whether appellate counsel was ineffective for declining to raise the sentencing-misinformation issue on direct appeal.
4. Whether postconviction counsel was ineffective based on allegations raised for the first time in an untimely pro se filing.

Disposition

affirmed