State v. Root

Summary

The Montana Supreme Court affirmed Michael Root’s conviction for attempted deliberate homicide. The court held that trial counsel was not ineffective for failing to request an accomplice instruction because the instruction would have conflicted with Root’s defense. The court also held that the late disclosure of a witness’s recorded statement did not prejudice Root or constitute a Brady violation warranting dismissal.

Holdings

1. Counsel was not ineffective for failing to request an accomplice instruction because the instruction would have conflicted with Root's defense that he did not stab Lee and was therefore a reasonable tactical choice; Root also failed to establish prejudice.
2. The State's late disclosure of the recorded Boyd statement did not violate Brady because Root received the recording before the end of trial, presented Boyd's substantially impeaching testimony to the jury, and failed to show that the timing of disclosure undermined confidence in the verdict.

Questions Presented

1. Whether trial counsel was ineffective for failing to request an accomplice instruction concerning S.R.
2. Whether the District Court erred by denying Root's motion to dismiss based on the State's late disclosure of a recorded witness statement under Brady v. Maryland.

Disposition

affirmed