State of Montana v. Dennis Leo Schowengerdt

Summary

The Montana Supreme Court affirmed the District Court’s denial of Dennis Leo Schowengerdt’s request for substitution of counsel following a remand for inquiry into his complaints about appointed counsel. The Court held that the District Court followed the remand instructions and that Schowengerdt waived objections to the hearing procedure by failing to raise them below. The Court also addressed his record-based ineffective-assistance claim under the applicable standards for deficient performance, prejudice, and presumed prejudice.

Holdings

1. The District Court complied with the remand instructions by conducting an inquiry, determining that Schowengerdt's complaints were seemingly substantial, hearing the complaints and counsel's responses, and deciding that substitution of counsel was not warranted.
2. A district court must conduct an adequate initial inquiry into whether a defendant's complaints are seemingly substantial; if they are, the court must hold a hearing addressing their validity and appoint separate counsel for that proceeding. Substitution is not required where the record shows an ongoing attorney-client relationship, counsel responded to the complaints, and there was no total breakdown in communication, abandonment, or actual conflict of interest.
3. Schowengerdt was not denied effective assistance of counsel and was not entitled to a presumption of prejudice. Counsel did not abandon him, place counsel's interests or the State's interests ahead of his, reveal protected communications in a manner creating a conflict, or operate under an actual conflict of interest.

Questions Presented

1. Whether the District Court erred in ruling that Schowengerdt was not entitled to substitution of appointed counsel after conducting the remand inquiry.
2. Whether Schowengerdt was denied effective assistance of counsel.
3. Whether the District Court's remand hearing was procedurally deficient because Schowengerdt and former counsel were not placed under oath or subjected to cross-examination.

Disposition

affirmed