No. 22-7803

Aaron Joel Oliphant v. Montana

Lower Court: Montana
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal criminal-procedure due-process expert-consultation ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment strickland-standard strickland-v-washington trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the Montana Supreme Court incorrectly apply Strickland?

Question Presented (OCR Extract)

QUESTION PRESENTED A jury convicted Oliphant of assaulting his infant son based solely on a medical diagnosis of abusive head trauma (“AHT”). His trial counsel failed to consult or hire any medical expert, was dying of esophageal cancer at the time of trial, could not hear the witnesses, did not prepare for sentencing based on a mistaken belief sentencing would not go forward, resulting in a sentence of 20 years imprisonment, and did not consult with Oliphant about an appeal or post-conviction relief except to tell Oliphant he had no grounds for appeal. The Montana Supreme Court held that trial counsel was not ineffective. Did the Court incorrectly apply Strickland? i

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-20
Waiver of right of respondent Montana to respond filed.
2023-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)

Attorneys

Aaron Joel Oliphant
Frederick Peter LandsiedelLeisher & Landsiedel P.C., Petitioner
Montana
Christian Brian CorriganMontana Department of Justice, Respondent