State v. Ferris, 2010 MT 252, 358 Mont. 244

Summary

The Supreme Court of Montana affirmed the denial of Thomas Gregory Ferris’s motion to withdraw his guilty plea. The court held that a later change in search-and-seizure law did not constitute good cause to withdraw a plea entered before that change, and that Ferris failed to establish prejudice from counsel’s failure to raise the issue before sentencing. A dissent would have found ineffective assistance and remanded for consideration of the changed law.

Holdings

1. A guilty plea is made on the basis of the law applicable when the plea is accepted, and a later judicial decision changing the law does not, by itself, provide good cause under Montana Code Annotated § 46-16-105(2) to withdraw the plea.
2. Ferris did not establish ineffective assistance because, even if counsel could have raised Goetz before sentencing, he failed to demonstrate a reasonable probability that the District Court would have allowed withdrawal of the knowing and voluntary guilty plea.

Questions Presented

1. Whether the District Court erred in denying Ferris's motion to withdraw his guilty plea based on a change in search-and-seizure law announced after the plea was accepted.
2. Whether Ferris received ineffective assistance of counsel when counsel failed to raise State v. Goetz before sentencing.

Disposition

affirmed