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Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof

by Douglas Ankney

The Supreme Court of Montana held that Kasey Lee Secrease’s trial attorneys were ineffective under both the U.S. and Montana Constitutions for failing to object to an incorrect jury instruction that lowered the State’s burden of proof.

Trooper Charles Burton arrested Secrease for DUI. Because Secrease refused ...

 

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