Aaron Joel Oliphant v. Montana
HabeasCorpus
Did the Montana Supreme Court incorrectly apply Strickland?
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