Longjaw v. State

Summary

The Montana Supreme Court affirmed Timothy J. Longjaw’s conviction for sexual intercourse without consent but reversed his aggravated burglary conviction because the district court improperly modified jury instructions during deliberations. The court held that no actual conflict of interest involving standby counsel was shown and declined to review the ineffective-assistance claim concerning an independent medical expert on direct appeal. The matter was remanded for entry of an amended judgment.

Holdings

1. The record established, at most, a potential conflict; it did not establish an actual conflict in which standby counsel had to choose between advancing another client's interests and Longjaw's interests. Because no actual conflict existed, reversal of the sexual-intercourse-without-consent conviction was not required.
2. The ineffective-assistance claim could not be resolved on direct appeal because the record did not fully explain why counsel did not obtain an independent medical expert. Longjaw could pursue the claim in postconviction-relief proceedings.
3. The aggravated-burglary conviction had to be reversed because the district court improperly modified the jury instructions during deliberations, and the State conceded reversible error.

Questions Presented

1. Whether standby counsel had an actual conflict of interest requiring reversal of Longjaw's sexual-intercourse-without-consent conviction.
2. Whether counsel provided ineffective assistance by failing to obtain an independent medical expert.
3. Whether the district court's modification of the aggravated-burglary jury instructions during deliberations required reversal of that conviction.

Disposition

reversed_and_remanded