STATE v. CHASTAIN

No. 96-293.

947 P.2d 57 (1997)

STATE of Montana, Plaintiff and Respondent, v. Joe Edward CHASTAIN, Defendant and Appellant.

Supreme Court of Montana.

Decided October 10, 1997.


Attorney(s) appearing for the Case

Jeffrey T. Renz, Montana Defender Project, Missoula, for Appellant.

Joseph P. Mazurek, Attorney General, Pamela Collins, Assistant Attorney General, Helena, Robert L. Zimmerman, Deputy County Attorney, Missoula, for Defendant and Respondent.


TURNAGE, Chief Justice.

Joe Edward Chastain was convicted of sexual intercourse without consent and sexual assault, in a jury trial in the Fourth Judicial District Court, Missoula County. He appeals. We reverse.

The dispositive issue is whether Chastain was denied effective assistance of counsel through omissions by his attorney during and as a result of voir dire.

In May 1995, Chastain was arrested on two counts of sexual intercourse without consent...

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