Burns v. State, 277 P.3d 1238

Burns was charged in 2008 with one felony count of Sexual Abuse of Children under § 45-5-625, MCA.
In March 2009, Burns pled guilty in exchange for a cap on imprisonment at 30 years; he was sentenced July 2, 2009 to 60 years with 35 suspended.
Burns appealed a restitution order requiring future moving expenses for the victim’s family, which this Court remanded to strike.
On January 18, 2011 Burns filed a motion to withdraw his guilty plea, alleging ineffective assistance of counsel and that venue was changed without his permission.
The District Court treated the motion as post-conviction relief, counsel answered, and the court denied relief; Burns appeals.
The Montana Supreme Court analyzes whether the plea withdrawal is supported by good cause and the effectiveness of counsel under established standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there good cause to withdraw the guilty plea?	Burns contends ineffective assistance and coercive conduct by counsel.	State asserts plea was voluntary and not induced by improper promises; counsel acted within professional duty.	No; Burns failed to prove ineffective assistance or involuntariness warranting withdrawal.
Did counsel’s conduct render the plea involuntary?	Counsel's actions deprived Burns of fair consideration and coerced plea.	Counsel’s advice fell within acceptable professional conduct and did not coerce a guilty plea.	No; no deficient performance established, and no prejudice shown under Strickland.

State v. Warclub, 327 Mont. 352 (2005 MT 149) (ineffective assistance standard for withdrawal of plea)
State v. McFarlane, 341 Mont. 166 (2008 MT) (careful review of counsel’s advice in plea negotiations)
Whitlow v. State, 183 P.3d 861 (2008 MT 140) (voluntariness and Strickland framework applied to plea)
State v. Valdez-Mendoza, 260 P.3d 151 (2011 MT 214) (ineffective assistance as good cause to withdraw plea)
State v. Hendricks, 75 P.3d 1268 (2003 MT 223) (counsel’s duty to inform client of elements, possible punishment, and advisability of plea)
State v. Thee, 37 P.3d 741 (2001 MT 294) (counsel’s candid assessment of legal circumstances within defense duty)