may review claim in Montana

2021LEXIS 578 , at *2 (Nov. 5, 2013) (quoting Driver v. Sentence Review Division, 2010 MT 43, ¶ 9 , 355 Mont. 273 , 227 P.3d 1018 (citing Ranta v. State, 1998 MT 95, ¶ 12 , 288 Mont. 391 , 958 P.2d 670 )).

2021LEXIS 578 , at *2 (Nov. 5, 2013) (quoting Driver v. Sentence Review Division, 2010 MT 43, ¶ 9 , 355 Mont. 273 , 227 P.3d 1018 (citing Ranta v. State, 1998 MT 95, ¶ 12 , 288 Mont. 391 , 958 P.2d 670 )).

2012This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record “fully explains why counsel took, or failed to take, action in providing a defense for the accused.” Deschon II, ¶ 32. ¶20 In State v. White, 2001 MT 149, ¶ 20 , 306 Mont. 58 , 30 P.3d 340 , we explained that “the definitive question that distinguishes and decides which actions are record and which are non-record, is whyl... [D]oes the record fully explain why counsel took the particular course of action?” (Emphasis in original.) When ineffective assistance of counsel claims are non-record

2012This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record “fully explains why counsel took, or failed to take, action in providing a defense for the accused.” Deschon II, ¶ 32. ¶20 In State v. White, 2001 MT 149, ¶ 20 , 306 Mont. 58 , 30 P.3d 340 , we explained that “the definitive question that distinguishes and decides which actions are record and which are non-record, is whyl... [D]oes the record fully explain why counsel took the particular course of action?” (Emphasis in original.) When ineffective assistance of counsel claims are non-record

2013The State argues that Jay’s ineffective assistance claim is non-record based and, therefore, must be addressed in postconviction proceedings. ¶36 “This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record ‘fully explains why counsel took, or failed to take, action in providing a defense for the accused.’ ” Longjaw v. State, 2012 MT 243, ¶ 19 , 366 Mont. 427 , 288 P.3d 210 (quoting State v. Deschon, 2004 MT 32 ¶ 31 , 320 Mont. 1 , 85 P.3d 756 ).

2013The State argues that Jay’s ineffective assistance claim is non-record based and, therefore, must be addressed in postconviction proceedings. ¶36 “This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record ‘fully explains why counsel took, or failed to take, action in providing a defense for the accused.’ ” Longjaw v. State, 2012 MT 243, ¶ 19 , 366 Mont. 427 , 288 P.3d 210 (quoting State v. Deschon, 2004 MT 32 ¶ 31 , 320 Mont. 1 , 85 P.3d 756 ).

2013The State argues that Jay’s ineffective assistance claim is non-record based and, therefore, must be addressed in postconviction proceedings. ¶36 “This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record ‘fully explains why counsel took, or failed to take, action in providing a defense for the accused.’ ” Longjaw v. State, 2012 MT 243, ¶ 19 , 366 Mont. 427 , 288 P.3d 210 (quoting State v. Deschon, 2004 MT 32 ¶ 31 , 320 Mont. 1 , 85 P.3d 756 ).

2013The State argues that Jay’s ineffective assistance claim is non-record based and, therefore, must be addressed in postconviction proceedings. ¶36 “This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record ‘fully explains why counsel took, or failed to take, action in providing a defense for the accused.’ ” Longjaw v. State, 2012 MT 243, ¶ 19 , 366 Mont. 427 , 288 P.3d 210 (quoting State v. Deschon, 2004 MT 32 ¶ 31 , 320 Mont. 1 , 85 P.3d 756 ).

2021LEXIS 578 , at *2 (Nov. 5, 2013) (quoting Driver v. Sentence Review Division, 2010 MT 43, ¶ 9 , 355 Mont. 273 , 227 P.3d 1018 (citing Ranta v. State, 1998 MT 95, ¶ 12 , 288 Mont. 391 , 958 P.2d 670 )).

2021LEXIS 578 , at *2 (Nov. 5, 2013) (quoting Driver v. Sentence Review Division, 2010 MT 43, ¶ 9 , 355 Mont. 273 , 227 P.3d 1018 (citing Ranta v. State, 1998 MT 95, ¶ 12 , 288 Mont. 391 , 958 P.2d 670 )).

2013The State argues that Jay’s ineffective assistance claim is non-record based and, therefore, must be addressed in postconviction proceedings. ¶36 “This Court may review a claim of ineffective assistance of counsel on direct appeal only when the record ‘fully explains why counsel took, or failed to take, action in providing a defense for the accused.’ ” Longjaw v. State, 2012 MT 243, ¶ 19 , 366 Mont. 427 , 288 P.3d 210 (quoting State v. Deschon, 2004 MT 32 ¶ 31 , 320 Mont. 1 , 85 P.3d 756 ).

2012State v. Webster, 2005 MT 38, ¶ 9 , 326 Mont. 112 , 107 P.3d 500 . ¶21 Longjaw ultimately represented himself at trial but claims that his counsel’s earlier failure to obtain an independent medical expert “to review the records of the physical examination of the alleged victim and to testify at trial” constitutes ineffective assistance. ¶22 The record reveals that, at the April 29, 2010, hearing, then-counsel Boggs indicated an independent medical expert may not be necessary because he believed the necessary information could be obtained by examination of the medical providers.

2012State v. Webster, 2005 MT 38, ¶ 9 , 326 Mont. 112 , 107 P.3d 500 . ¶21 Longjaw ultimately represented himself at trial but claims that his counsel’s earlier failure to obtain an independent medical expert “to review the records of the physical examination of the alleged victim and to testify at trial” constitutes ineffective assistance. ¶22 The record reveals that, at the April 29, 2010, hearing, then-counsel Boggs indicated an independent medical expert may not be necessary because he believed the necessary information could be obtained by examination of the medical providers.