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State v. Schowengerdt

State v. Schowengerdt, 2018 MT 7 (Jan. 16, 2018) (Shea, J.) (5-0, aff’d)

Issue: (1) Whether the district court erred in ruling Schowengerdt was not entitled to substitution of counsel, and (2) whether Schowengerdt was denied effective assistance of counsel.

Short Answer: (1) No, and (2) no.


Facts: Schowengerdt killed his wife by repeatedly stabbing her in their home in December 2012. He drove to the police station the next day and confessed in a recorded statement. Schowengerdt’s attorney filed notice in January 2013 that he might assert a defense of justificable use of force. In April 2013, Schowengerdt decided to plead guilty to deliberate homicide. The district court proceeded through a detailed colloquy during which Schowengerdt indicated the plea was knowing and voluntary, he was satisfied with his attorney’s services, and that he could not “handle” a trial.…