State of Montana v. Jared Robert Williams

Summary

The Montana Supreme Court affirmed Jared Robert Williams’s felony theft conviction arising from his use of funds belonging to a minor for whom he served as guardian and conservator. The court held that it would not apply plain-error review to an erroneous jury instruction because the instructions considered as a whole included the purpose-to-deprive element and the evidence of that purpose was overwhelming. The court also rejected Williams’s ineffective-assistance claim because he failed to establish a reasonable probability that an objection would have changed the outcome.

Holdings

1. Although Instruction No. 9 was clearly defective because it omitted the purpose-to-deprive element, the court declined to exercise plain-error review because the instructions, viewed as a whole, included that element and the evidence of Williams's purpose to deprive T.W. of the funds was overwhelming.
2. Williams did not establish ineffective assistance of counsel because he failed to show a reasonable probability that an objection to the instruction would have changed the outcome.

Questions Presented

1. Whether the district court committed plain error by failing to instruct the jury that the State had to prove Williams acted with the purpose to deprive T.W. of the property.
2. Whether trial counsel rendered ineffective assistance by failing to object to the erroneous jury instruction.

Disposition

affirmed