State v. Holm, 304 P.3d 365

Holm was driving in Missoula, Montana, on Nov 9, 2010, veered into the opposite lane and sidewalk, killing one person.
Police found slurred speech, intoxication indicators, and a blood alcohol content of 0.1; Ambien and other drugs were detected in Holm's blood.
Holm initially claimed memory loss but later acknowledged possible trauma-induced amnesia; he contended another vehicle contributed to the crash.
Holm had a public defender; eight days before trial, Holm sought substitution or new counsel with private attorney Richard Buley, who requested a continuance to prepare.
District Court denied the continuance and also denied Holm’s motion for substitution of counsel following an initial inquiry into alleged ineffective assistance.
The trial proceeded; Holm was convicted, leading to this direct appeal challenging the denial of substitution and the continuance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court abuse its discretion by finding counsel was effectively assisting Holm?	Holm argued Spencer failed to interview witnesses and to pursue experts, rendering ineffective assistance.	Spencer asserted he conducted interviews, answered questions, and made strategic decisions not to call certain experts.	No abuse; adequate initial inquiry found; claims not substantial.
Did the district court abuse its discretion by denying a continuance to allow Holm to retain private counsel?	Holm contends more time was needed to hire replacement counsel and prepare his defense.	State argued Holm sought delay; Holm had ample time previously and delayed without diligent effort to hire new counsel.	No abuse; Holm did not show good faith, diligent effort to obtain substitute counsel; continuance denied.

State v. Gallagher, 288 Mont. 180 (1998 MT 70) (adequate initial inquiry required when ineffective-assistance claims are presented)
State v. Dethman, 245 P.3d 30 (2010 MT 268) (deference to trial counsel's strategy; abuse of discretion standard for counsel effectiveness)
State v. Garcia, 75 P.3d 313 (2003 MT 211) (right to retain private counsel and continuance considerations; structural prejudice when denied)
In re Mental Health of T.M., 96 P.3d 1147 (2004 MT 221) (continuance for private counsel depends on diligence; trial-date uncertainties)
State v. Klemann, 634 P.2d 632 (1981 MT) (timing and prior continuances inform diligence in seeking new counsel)
Bateman, 99 P.3d 656 (2004 MT 281) (addressing non-record-based trial issues in post-conviction relief)