State v. J. Weber, 2016 MT 138

Defendant Jeffry Weber, a janitor at Sidney High School, was charged with felony theft after a Thermal Dynamics Cutmaster 82 plasma cutter disappeared from the school shop on a night he worked; surveillance identified him in the shop that night.
The State introduced evidence that the school purchased a replacement plasma cutter for $2,100; prosecution argued replacement cost supported a value exceeding $1,500 (felony level).
Defense theory: general denial of taking the cutter and an effort to show the cutter’s market value was ≤ $1,500 (misdemeanor). Key defense evidence: a May 2011 school inventory list showing two Cutmaster 82 units listed at $1,500 each and investigator Peck’s internet price-search results.
At trial defense counsel attempted to admit the inventory list through the (recently hired) shop teacher Fulgham, but failed to lay foundation; the court sustained hearsay and foundation objections and excluded the list.
Defense investigator Peck was limited by hearsay/foundation objections and trial counsel failed to develop admissible market-value testimony; jury convicted Weber of felony theft and sentenced him (deferred).
Montana Supreme Court held trial counsel provided ineffective assistance by failing to properly investigate and lay foundation for readily available valuation evidence, prejudicing the outcome; reversed and remanded for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court abused discretion by excluding the inventory list	State: exclusion proper because witness Fulgham did not author the list and lacked foundation/authentication	Weber: Fulgham could authenticate the business record and show age/value of cutter	Court: No abuse — counsel failed to lay proper foundation before eliciting contents; exclusion proper
Whether court improperly limited examination of defense investigator Peck	State: objections to Peck were proper for hearsay/foundation; no prohibition to further foundation-building	Weber: Peck should have been allowed to testify about value estimates and inventory-based age	Court: No abuse — counsel failed to establish foundation for Peck’s investigative conclusions; objections properly sustained
Whether trial counsel rendered ineffective assistance by failing to admit valuation evidence	State: IAC claim not appropriate on direct appeal; no sound basis shown	Weber: Counsel failed to investigate/authenticate the inventory list and to elicit market-value testimony, depriving defense of key evidence	Court: Counsel deficient under Strickland for inadequate preparation; prejudice shown because reasonable probability the value evidence could have reduced offense to misdemeanor; reversed and remanded for new trial

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
Greene v. State, 378 Mont. 1 (2015) (direct-appeal review of IAC claims and when record suffices)
Kougl v. State, 323 Mont. 6 (2004) (narrow exception allowing direct-appeal IAC review when no plausible justification exists)
State v. Fox, 212 Mont. 488 (1984) (trial court’s foundation determination for exhibit admission reviewed for abuse of discretion)
State v. Hamilton, 339 Mont. 92 (2007) (counsel’s preparation evaluated under Strickland)