Russell v. State, 2016 MT 69 (March 22, 2016) (McGrath, C.J.; Cotter, J., dissenting) (5-2, aff’d)
Issue: (1) Whether Russell received effective assistance of counsel at trial, and (2) whether Russell received effective assistance of counsel on appeal.
Short Answer: (1) Yes, and (2) yes.
Facts: Russell and Spotted Wolf assaulted two men in an alley one night after drinking all day. One of the men died, and the other was seriously and permanently injured. Russell was charged with felony murder, aggravated assault, and accountability for Spotted Wolf’s robbery and aggravated assault. Russell was convicted by a jury in May 2005, and sentenced. Russell appealed and the Court reversed the conviction for aggravated assault against one victim, as it was an included offense of the felony murder conviction.…