Friday, September 27, 2013

MT - CLUGSTON v. State

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Original Article

Diigo Post Excerpt:
¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

¶2 Clugston appeals from an order of the Eleventh Judicial District Court, Flathead County, denying his Motion to Withdraw Guilty Pleas and Petition for Postconviction Relief. We affirm.

¶3 We rephrase the following issues on appeal:

¶4 Issue One: Whether the District Court properly denied Clugston's motion to withdraw his guilty pleas.

¶5 Issue Two: Whether there was a sufficient factual basis for Clugston's plea to criminal endangerment.

¶6 Issue Three: Whether Clugston was denied effective assistance of counsel.

¶7 Issue Four: Whether the State violated the plea agreement by opposing Clugston's parole.


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