State v. D. Schowengerdt, 409 P.3d 38

On Dec. 8, 2012, Dennis Schowengerdt stabbed and killed his wife; he gave a recorded confession and later pleaded guilty to deliberate homicide.
OPD attorney Steven Scott was appointed; he filed pleadings and represented Schowengerdt through the plea and sentencing to life.
After sentencing, Schowengerdt sought substitution of counsel and to withdraw his guilty plea, alleging inadequate investigation, poor communication, and lack of loyalty by Scott.
The District Court initially failed to adequately inquire into the complaints; this Court remanded for a fuller inquiry to determine whether complaints were "seemingly substantial."
On remand the District Court (with new counsel appointed for the remand inquiry) heard Schowengerdt’s detailed complaints and Scott’s responses, found the complaints were not grounds for substitution, and again denied new counsel.
Schowengerdt appealed; the Supreme Court of Montana affirmed, holding the remand inquiry was adequate and that Scott did not provide ineffective assistance or create a conflict warranting presumed prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the District Court erred in denying substitution of counsel	Schowengerdt: District Court’s remand hearing was procedurally defective (no oath/cross) and findings lack substantial evidence	State/Scott: District Court complied with remand, heard both sides, and process was adequate; no timely objection to procedure	Denied — District Court properly inquired; procedural objections waived for failure to object below; no abuse of discretion
Whether Schowengerdt was denied effective assistance of counsel	Schowengerdt: Scott abandoned client, failed investigation, undermined plea withdrawal, created conflict and breached loyalty/confidentiality	State/Scott: Scott consulted, pursued/declined investigatory leads for valid tactical reasons, acted within professional duties and followed client’s requests	Denied — no deficient performance or actual conflict; no presumption of prejudice; plea found voluntary

Strickland v. Washington, 466 U.S. 668 (sets two-prong test for ineffective assistance: deficient performance and prejudice)
United States v. Cronic, 466 U.S. 648 (identifies narrow circumstances where prejudice may be presumed)
State v. Jones, 278 Mont. 121, 923 P.2d 560 (attorney abandonment/conflict can warrant presumed prejudice where counsel forsakes loyalty)
State v. Long, 206 Mont. 40, 669 P.2d 1068 (standard for substitution of counsel / communication issues)
State v. Finley, 276 Mont. 126, 915 P.2d 208 (courts must critically analyze complaints when motion filed; counsel testifying against client can create abandonment)
Whitlow v. State, 343 Mont. 90, 183 P.3d 861 (ineffective assistance claims are mixed questions reviewed de novo)