285 P.3d 540
Mont.2012Background
- Sanchez was convicted of deliberate homicide of his ex-girlfriend Aleasha Chenowith and sentenced to life without parole.
- Aleasha’s death occurred July 19, 2004, after which Sanchez turned himself in and admitted the shooting.
- At trial, Sanchez sought to exclude Aleasha’s note; the court admitted the note as hearsay under various exceptions.
- An initial appellate opinion in Sanchez affirmed the conviction, addressing the note’s hearsay and Confrontation Clause issues.
- In Giles v. California (after this appeal), the Supreme Court clarified the forfeiture by wrongdoing doctrine’s scope in confrontation claims; the Utah-based later decisions influenced the Montana court’s retroactivity analysis.
- Sanchez filed an amended postconviction petition in 2009 alleging ineffective assistance of appellate counsel for failing to seek certiorari; the district court denied relief, and the Montana Supreme Court affirmed, with a dissent addressing the outcome differently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wheelis’ failure to file a petition for certiorari violated IAAC | Sanchez argues Wheelis’ failure breached effective assistance | State argues Giles is not retroactive and IAAC fails | Denied IAAC relief; no retroactive right to certiorari under Giles; no prejudice shown |
Key Cases Cited
- Giles v. California, 554 U.S. 353 (Cal. 2008) (forfeiture by wrongdoing not limited to intent to silence witness; reflexive application after Giles remand)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation clause; testimonial hearsay rules)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (confrontation clause; distinguishes testimonial vs. nontestimonial statements)
- State v. Sanchez, 341 Mont. 240 (2008 MT) (previous appellate opinion addressing note admissibility and harmless error)
- Van Kirk, 306 Mont. 215 (2001 MT) (rejected overwhelming-evidence standard; adopts cumulative-evidence test for prejudice)
- Coleman v. Thompson, 501 U.S. 722 (U.S. 1991) (no constitutional right to counsel in state postconviction proceedings)
- Wainwright v. Torna, 455 U.S. 586 (U.S. 1982) (no right to counsel for discretionary state appeals)